LCR4805
Assignment 1 Semester 1 2026
Unique number:
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, DEFAMATION ON THE INTERNET: PUBLICATION, ANONYMITY AND
INTERMEDIARY LIABILITY IN SOUTH AFRICAN LAW
Introduction
South African law recognises defamation as the wrongful and intentional publication
of defamatory matter concerning another person, which injures that person’s
reputation. The action is based on the actio iniuriarum and protects the personality
right to a good name.1 In the context of the internet, the traditional principles of
defamation remain applicable, although their application presents novel challenges,
particularly regarding publication, intermediary liability and anonymity.2
The scenario involves defamatory allegations published on a blog hosted by NetHost
Ltd, an Internet Service Provider (ISP), accusing Mr Rodgers of paying someone to
start a fire. The article went viral and appeared in search results, allegedly causing
reputational and financial harm.
(a) Meaning of Publication and When It Takes Place
Publication is a fundamental requirement. Without publication, there can be no injury
to reputation, because reputation concerns the esteem in which a person is held by
others.3
Publication occurs when defamatory words or conduct are communicated to at least
one person other than the plaintiff.4 In Tsichlas v Touch Line Media (Pty) Ltd, the
court confirmed that publication takes place once a third party becomes aware of the
defamatory material.5 It is therefore not necessary that the entire public be informed;
communication to a single third party suffices.6
In the present case, the blog article alleging that Mr Rodgers paid someone to start
the fire was published on a popular blog and hosted by NetHost Ltd. Once the article
1
J Neethling, JM Potgieter and PJ Visser Law of Delict (8th edn, LexisNexis 2020) 490–491.
2
D Van der Merwe and others Information and Communications Technology Law (2nd edn, LexisNexis 2016)
para 10.2.3.
3
Ibid 491.
4
Neethling, Potgieter and Visser (n 1) 493.
5
Tsichlas v Touch Line Media (Pty) Ltd 2004 (2) SA 112 (W) 120.
6
Neethling, Potgieter and Visser (n 1) 493–494.
Varsity Cube 2026 +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number:
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, DEFAMATION ON THE INTERNET: PUBLICATION, ANONYMITY AND
INTERMEDIARY LIABILITY IN SOUTH AFRICAN LAW
Introduction
South African law recognises defamation as the wrongful and intentional publication
of defamatory matter concerning another person, which injures that person’s
reputation. The action is based on the actio iniuriarum and protects the personality
right to a good name.1 In the context of the internet, the traditional principles of
defamation remain applicable, although their application presents novel challenges,
particularly regarding publication, intermediary liability and anonymity.2
The scenario involves defamatory allegations published on a blog hosted by NetHost
Ltd, an Internet Service Provider (ISP), accusing Mr Rodgers of paying someone to
start a fire. The article went viral and appeared in search results, allegedly causing
reputational and financial harm.
(a) Meaning of Publication and When It Takes Place
Publication is a fundamental requirement. Without publication, there can be no injury
to reputation, because reputation concerns the esteem in which a person is held by
others.3
Publication occurs when defamatory words or conduct are communicated to at least
one person other than the plaintiff.4 In Tsichlas v Touch Line Media (Pty) Ltd, the
court confirmed that publication takes place once a third party becomes aware of the
defamatory material.5 It is therefore not necessary that the entire public be informed;
communication to a single third party suffices.6
In the present case, the blog article alleging that Mr Rodgers paid someone to start
the fire was published on a popular blog and hosted by NetHost Ltd. Once the article
1
J Neethling, JM Potgieter and PJ Visser Law of Delict (8th edn, LexisNexis 2020) 490–491.
2
D Van der Merwe and others Information and Communications Technology Law (2nd edn, LexisNexis 2016)
para 10.2.3.
3
Ibid 491.
4
Neethling, Potgieter and Visser (n 1) 493.
5
Tsichlas v Touch Line Media (Pty) Ltd 2004 (2) SA 112 (W) 120.
6
Neethling, Potgieter and Visser (n 1) 493–494.
Varsity Cube 2026 +27 81 278 3372
