The impact of technology and the internet on the law of defamation

Abstract

Technology and the internet have greatly impacted the way we interact, communicate and express ourselves. By enabling us to instantly express ourselves to the world, technology and the internet have increased the risk of defamatory content being published while simultaneously increasing the potential harm that may be suffered by the victims of such defamatory content.

The Constitution of the Republic of South Africa Act 108 of 1996 protects the rights to privacy and dignity recognising these as fundamental rights. These rights then give rise to the rights to fama and dignitas which in turn give rise to the rights to a good name and reputation. The law of defamation thus provides individuals with the ability to protect and defend their good name and reputation. This research report engages in a critical discussion regarding how the law of defamation applies to private individuals in the modern world where communication is largely done through the use of technology and the internet, allowing virtually everybody to be a publisher of content and consequently rendering them vulnerable to liability for defamation. In addition this research report considers the potentially devastating and far reaching impact an act of online defamation may have on a victim.

This research report also discusses whether someone will be able to enforce their rights to reputation and a good name in respect of both their private and online personalities. A further issue considered by this research report is that regarding the enforcement of claims for defamation in light of the difficulties raised by the fact that the internet and technology have eliminated borders. As the law of defamation is not applied uniformly across the world, there are a number of difficulties and cost implications that may hinder the enforcement of peoples’ rights, where these have been infringed online.