Abstract

This note is about the definition of common-law defamation. The authoritative definition of common-law defamation (the wrongful and intentional publication of a defamatory statement concerning the plaintiff) is weighed against the five general elements of the common law of delict (conduct, damage, fault, wrong fulness, and causation) to determine to what extent the general and specific elements cohere. It is argued that the time has come to alter the definition of common-law defamation (slightly) to give a more accurate account of what courts do in defamation cases, which would also ensure greater unity between general and specific elements for liability.