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