Q/- What are the remedies available for defamation under tort law?

REMEDIES FOR DEFMATION:

There are two (2) common remedies available for defamation under tort law;

·         Damages

·         Injunction

DAMAGES:

The damages are the most common remedy available for defamation that may compensate for the claimant’s loss. For the publication of defamatory/derogatory statements, Plaintiff/claimant can bring a claim of damages against the wrongdoer. In cases pertaining to defamation, there is a presumption of damages/injury to the reputation of a person for which claimant can get nominal damages. However, in order to claim substantial damages, claimant must prove that he/she sustained substantial damages.

INJUNCTION:

The claimant can also seek injunction incase either where a defamatory statement has already been published in order to avoid it from being published again. It can also be sought where claimant knows that defendant/wrongdoer plans to publish a defamatory statement against him. In the latter case, the claimant will be applying for an interlocutory injunction from the court. 

                                                    This FAQ is prepared by Sadia Saman Advocate