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Show the difference between Libel and Slander and outline the Cases of Slander that are Actionable per se, their defenses and remedies.

Answers

1. Libel is defamation in permanent form whereas Slander is defamation in transient form.
2. Libel is not merely actionable as a tort but is also a criminal offence whereas Slander is a civil wrong only.
3. All cases of Libel are actionable per se but Slander is only actionable on proof of actual damage with 4 exceptions under the Defamation Act, which are actionable per se.

CASES OF SLANDER THAT ARE ACTIONABLE PER SE:
1. Imputation of a Criminal Offence
Where the defendant makes a statement, which imputes a criminal offence punishable with imprisonment under the Penal Code, then such Slander will be actionable per se. There must be a direct imputation of the offence and not merely a suspicion of it and the offence must be punishable by imprisonment in the first instance.

If the Slander goes into details of the offence, it is not actionable per se if the details are inconsistent with another.

2. Imputation of a contagious or infectious disease
This is actionable per se as it is likely to make other people to shun associating with the plaintiff. This exception always includes sexually transmitted diseases and in olden times the diseases of plague and leprosy.

3. Imputation of unfitness, dishonesty or incompetence in any office, profession, calling, trade or business held or carried on by the plaintiff at the time when the Slander was published

This is the most important exception under the Defamation Act, 1952 (English) Section2 provides

“in an action of Slander in respect to words calculated to disparage the plaintiff in any office, profession, calling, trade or business held or carried on by him at the time of publication, it shall not be necessary to allege or prove special damage whether or not the words are spoken of the plaintiff in the way of his office, calling, trade or business.”

It follows that any words spoken of a man which are reasonably likely to injure him in his office, profession, calling, trade or business will be actionable per se. It matters not how humble the office may be, so long as it is lawful.

4. Imputation of unchastity or adultery of any woman or girl
Words spoken and published which impute unchastity or adultery to any woman or girl shall not require proof of special damage to render them in actionable.

Defenses
1. Justification or pleading that it’s the truth
2. Fair comment made as a matter of public interest
3. Absolute privileges- certain statements such as those made by judges in courts are not actionable since they are said to be absolute privilege
4. Qualified privilege – when a person who makes the communication has a moral duty to make it to another person who is interested in hearing it, this is qualified privilege e.g a preacher call the congregation sinners during a service
5. Offer of amends or apology

Remedies
1. Damages
2. Apology
3. Injunction to stop it

NatalieR answered the question on May 11, 2022 at 09:40

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Show the difference between Libel and Slander and outline the Cases of Slander that are Actionable per se, their defenses and remedies.

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