LCR4805
Assignment 1 Semester 1 2026
Unique number:
Due Date: April 2026
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.1
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +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.
Assignment 1 Semester 1 2026
Unique number:
Due Date: April 2026
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.1
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +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.
