ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE NO. 241478
DUE DATE: 2026
, Selected Private and Criminal Law Principles of the Internet - LCR4805
Question 1
(a) Meaning of Publication in a Defamation Claim
In South African law, defamation is defined as the wrongful and intentional publication of
a defamatory statement concerning another person.¹ One of the essential elements that
Mr Rodgers must prove is publication.
Publication occurs when the defamatory statement is communicated to at least one
person other than the plaintiff.² It is not necessary that the author personally
communicate the statement; it is sufficient if the content is made available in a manner
that allows third parties to access it. In the context of the internet, publication takes
place when the material is uploaded and becomes accessible to users.³
In Le Roux v Dey, the Constitutional Court of South Africa confirmed that publication is
established once the statement is made known to someone other than the person
defamed.⁴ In online environments, courts have adopted the “multiple publication”
approach, meaning that each time the defamatory material is accessed or downloaded,
publication potentially occurs.⁵
Furthermore, in Isparta v Richter, the Western Cape High Court held that Facebook
postings constituted publication because they were accessible to third parties.⁶ By
analogy, once the blog article hosted by NetHost Ltd was posted online and indexed by
Google, publication occurred because members of the public accessed and read it.
Therefore, publication in this instance took place when the blog article became
accessible to at least one third party and was read, resulting in reputational harm to Mr
Rodgers.