WHAT IS DEFAMATION?
The Act does not define defamation, but its definition can be derived from various legal texts and case law:
To consolidate and amend the Statute law relating to libel, other than criminal libel, slander and other malicious falsehoods.
In a claim for defamation, the person claiming (plaintiff) must prove as against the person who defamed him (the defendant) that:
Section 8 provides that for the purposes of the law of libel and slander, the publication of words by wireless broadcasting such as radio and television, shall be treated as publication in a permanent form - Libel.
Lord Atkinson in the case of Adam –vs- Ward (1917) AC 309 at page 334, states that “A privileged occasion is an occasion when the person who makes the communication has an interest, or a duty legal, social or moral, to make it (the communication) to the person to whom it is made and the person to whom it is made has a corresponding interest or duty to receive it.”
A fair and accurate report in any newspaper of proceedings heard before any court exercising judicial authority within Kenya shall be absolutely privileged, provided it is not blasphemous, seditious or indecent.
The publication in a newspaper of any such report or other matter as is listed here below is privileged without explanation or contradiction:
A Newspaper publication shall not be classified as privileged if it proved that:
In the High Court case of Phineas Nyagah v. Gitobu Imanyara (2013) eKLR Odunga J held that:-"Evidence of malice may be found in the publication itself if the language used is utterly beyond or disproportionate to the facts. That may lead to an inference of malice...Malice may also be inferred from relations between parties...The failure to inquire in the facts is a fact from which inference of malice may properly be drawn." Phineas Nyagah v. Gitobu Imanyara (2013) eKLR
RIGHT OF REPLY (SECTION 7A)
WHAT IS THE CONSEQUENCE OF FAILING TO EXERCISE THE RIGHT OF REPLY?
AWARD OF DAMAGES (SECTION 16 A)
MITIGATION OF DAMAGES (SECTION 16)
CONSOLIDATION OF ACTIONS (SECTION 17)
AGREEMENTS FOR INDEMNITY (SECTION 18)
WHEN DOES THIS ACT BEGIN TO OPERATE (SECTION 19)
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