Defamation of character occurs when someone makes a false statement that harms your reputation. You have the legal right to sue for defamation if someone’s words—whether spoken, written, or published, unjustly damage your good name or dignity.But not every hurtful comment qualifies as defamation. There are specific legal requirements and defences that determine whether you can successfully sue someone.

You may sue someone for defamation when all three of these conditions are met:

1. The Statement Was Published

This means the defamatory statement was made public i.e. spoken to others, posted online, written in a letter, or broadcasted. If the statement was made privately to you and no one else, it’s not defamation.

2. The Statement Was About You

You must be identifiable in the statement, even if you are not mentioned by name. For example, if the description points clearly to you, it can be considered defamatory.

3. The Statement Damaged Your Reputation

The statement must be objectively damaging. It should for instance lower you in the eyes of the community, expose you to hatred or ridicule or cause others to avoid you.
For example:
- Falsely accusing someone of criminal behaviour.
- Spreading false information that harms a person’s career or social standing.

Defences to Defamation

Even if all three elements are present, the person who made the statement can defend themselves if the statement is true and in the public interest, the statement is a fair comment or opinion, the statement was made in privileged circumstances (for example, in court) or if there was no intent to harm your reputation.
If the defendant proves any of these defences, the defamation claim may fail. If you successfully prove defamation, you may claim monetary damages (compensation) for harm to your reputation,  an apology or retraction or an interdict (court order) to prevent further publication of the defamatory material.

The amount of damages depends on the severity of the harm, how widely the statement was published, and the impact on your life or career.
If you believe you have a valid defamation case, it’s always best to consult an attorney who specialises in defamation or litigation to assess your chances of success and guide you through the legal process.