The Johnny Depp trial has woken many people who now also want to sue for damages based on defamation as it became a hot topic when he won his case against his ex-wife who wrote an op-ed in the Washington Post and the verdict came that it was in fact defamatory and he was awarded damages in the amount of 10 million dollars.

In South Africa we do not have a jury system who needs to be convinced but only a Magistrate or Judge.

In South Africa defamation is described as “the unlawful and intentional publication of a defamatory statement concerning another person which has the effect of lowering the good reputation of the person who has been defamed.”

To succeed with a claim of defamation a person must prove the following:

1. A defamatory statement was made;
2. The person who made the statement or remark had the intention to damage the person’s reputation;
3. The statement or remark had to be wrongful and against public morals;
4. The remark had to be specifically aimed at a person. If no names were mentioned it can be very difficult to prove defamation;
5. The defamatory words/remarks were in fact published and other people heard and read the defamatory remarks. Publication can be verbally, in writing or sometimes via body language.

When it comes to the amount you can sue for defamation, there is no specific answer to that. The Magistrate or Judge needs to consider all the aspects before him/her which includes the status or reputation of a person in the community the defamatory nature of the words itself and the actual damages the publication caused and will then give a judgment accordingly.

Not all remarks are defamatory as valid defenses to defamation can be that the publication was the truth or a fair comment for example. The best way to find out whether you have a valid claim or not is to get proper legal advice from your Attorney.