This is a post from Dr Pearl Kupe and it is important that everybody read it as one of our most fundamental rights is the right to free speech – but when is free speech not so free anymore and can you get into trouble for saying something about someone that is not free speech anymore.

Reading this can help you from getting into serious trouble. I’m giving you some free legal advice. Today, I have decided to slip into my legal role and give some free legal advice to our social media community.

I have written this post to help some people who are in the habit of writing defamatory posts about people. Defamation is a very serious crime which can result with you landing up in prison and/or paying a lot of money to the person you defamed.

Many people erroneously think that freedom of speech licenses them to say anything they want about anyone without bearing any consequences. That is not true! There are limitations to what we can say, especially within the public realm.
One of the limitations placed on freedom of speech is that the LAW prohibits us from defaming other people. To defame someone is to speak an untruth(lie) about someone which damages their reputation.

The law of defamation is based on the premise that every individual has the right to an unimpaired reputation. If you infringe on that, you can be charged with defamation.
To tell the truth, there are some instances when I have been tempted to function as the lawyer that I am and bring defamation cases against people who have made careless and false and defamatory statements about me. Thankfully, the Lord has restrained me each time, but that is not to say that I will never sue for defamation of character. It would depend on the circumstances and on the agenda. If the enemy is attempting to damage my credibility maliciously and unlawfully, I would certainly consider the possibility.

Before you jump and say we are not to take our brothers to court, let me advise that the bible says in Matthew 12:48-50 that our brothers & sisters are those who do the WILL of the Father in the heaven. Someone who intentionally lies about you cannot be said to be doing the will of the Father, and therefore does NOT qualify as a brother or sister.

There are two types of defamation, namely LIBEL and SLANDER. Libel refers to written or published defamation, whereas slander refers to spoken or verbal defamation.
A person who is charged with defamation can be either charged with criminal defamation, and/or civil defamation. If found guilty under the law of civil defamation, they will be subjected to only a sentence of a fine. If found guilty of criminal defamation, however, they are likely to face a prison sentence (which may be suspended) and can also face a fine.
Why are there such heavy penalties given to someone found guilty of defaming another? Because the consequences for a victim of defamation are very damaging and can be monumental. They can result in a breakup of a marriage, loss of job, loss of reputation and potential opportunities and overall a complete destruction of ones life. Some people who could not bear the shame of being falsely accused and defamed, have even committed suicide as a result. Because the consequences can be devastating, the penalties are also harsh.
There are two tests applied in ascertaining whether defamation was proved or not:
1) Was your statement true? If not, and it damaged their character/reputation, you will be found guilty of defamation and may go to prison or have to pay out a large amount of money: Please note that it is YOUR responsibility to prove that the statement you made was true. it will NOT be a defence to say that you heard the statement from someone else, so BEFORE you repeat any statement, do make SURE that the statement is verified or else be prepared to face the consequences.
2) Was your statement necessary and for the public benefit? It is not always enough to rely on the TRUTH of the statement as a defence. A second test which is applied is whether the public had a RIGHT to know about what was said. If the person involved, for instance is a public figure, and they hold themselves out to have a certain character, then it would be in the public interest to know the truth about who they really are.
Do also take note that where the statement was made publicly or on a public platform, the consequences and penalties can be much more severe as the defamation has been made to a much larger audience.

WAYS TO ENSURE YOU ARE NOT CHARGED WITH DEFAMATION OF CHARACTER:
1) Avoid mentioning any persons name unless you know without a shadow of a doubt that the statement is TRUE. Check your sources thoroughly and be sure you have back up evidence. Personally, I will never make any accusation or claim against a person unless I have HARD evidence in the form of voice notes, documents, bank accounts, messages and corroborated evidence from witnesses. I know that if I am charged with defamation, I can defend it in a court of law.
2) Ask yourself before posting, is the post for public BENEFIT and is it necessary for them to have this information.

We cannot sue for defamation in instances where:
1) What was said about us was TRUE. It is not necessarily slander, libel or defamation if the statement is true & can be proven to be true.
2) it can be shown that the person is a public figure and presents themselves as representing certain principles but has deviated from those principles.
3) Where a person has admitted wrong in the matter at hand.

Pearl Kupe, LLB,(1986)(UB//EDINBUGH U) LLM(2000), PGD(2001) (UCT)

PLEASE SHARE THIS POST WIDELY. YOU MAY BE SAVING SOMEONE FROM GOING TO PRISON & GOING BANKRUPT!

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