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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1557
Experience:  BCom; LLB; Masters in Law
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I have received a WhatsApp message relating information

Customer Question

Good Evening. I have received a WhatsApp message relating information about my daughter which ishould both not true and defamatory. The writer has the ability amd the character to spread this information via social media. He says he also has the intention of going to the school which my granaughtier attends and spreading this false information to her teachers.I have read that by spreading this defamatory information to even one person constitutes defamation of character. Is this the case? Additionally, should he spread this information further, ie at the school, would my daughter be able to sue him for defation of character? Regards Lynne
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: I am in South Africa
JA: Have you talked to a lawyer yet?
Customer: No this has just happened and he intends to go to the school tomorrow morning
JA: Anything else you think the lawyer should know?
Customer: This man is the father of my daughter's child but refused to put his name on the birth certificate, has never assisted my daughter financially but insists on having access to his child. He is extremely manipulative and emotionally abusive to my daughter. I believe that he is sociopathic and dangerous.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there Lynne and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Yes, your daughter would be able to sue this person for defamation of character if this guy distributes, to third parties, the information which he knows to be wrong and/or false information, and it is this guys intention to harm your daughter's reputation.

Th only defences that this guy would have is that the information is true, or that it amounts to fair comment, or that it has been released for the public's benefit. I don't think that any of these defences would work in this situation.

While your daughter would be able to sue him, the issues would be that she would need to quantify her loses, and if would cost legal fees to actually go to court. To quantify her loses she would be a challenge since she would need to link the harm caused by this guy to her reputation, to an amount of money - and then convince the court that her calculation is correct.

But yes, she could sue for defamation of character!

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,


Expert:  CaseLaw replied 1 year ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further questions please can you rate my answers above as positive; and then ask further questions if you need clarity on the answer provided.



Customer: replied 1 year ago.
I asked 1 question and my account was debited. You have now continued to debit my credit card with no authorization. Please reverse the amount for R530. You have no authorisation to do this.
Expert:  CaseLaw replied 1 year ago.

Hi there,

I am sorry about the second debit - I will investigate immediately and reverse if necessary.

Please can you RATE my previous answer if it assist you?