The Court held that publication is basically the making known of defamatory content to a third party. Publication with regards to defamation was defined by an English Court of Appeal in the case of Pullman vs. Amongst them are whether litigating in public, which is a common occurrence nowadays, can lead to defamation liability? To rephrase that question, what will be the consequences of publication of ongoing Court disputes to the news media and or the internet by an Advocate? Numerous questions arise when it comes to defamation through publication of court pleadings and complaints. (d) There is fault on the part of the publisher, and.(c) There was understanding of the defamatory nature of the communication by the third party,.(b) There was publication of the communication to third parties.(a) There has to be a false and defamatory communication concerning the Plaintiff.Patani eKLR summarized the ingredients as follows: Standard Ltd, HCCC 1062 of 2005 and the case of Selina Patani & another v Dhiranji vs. Vol 28 paragraph 10 read together with the case of John Ward vs. Before delving into the intricacies of defamation with regards to publication of court documents it is prudent to ask what are the elements necessary for one to prove defamation? The HalsburyвЂ™s laws of England 4 th Ed. Libel is defamatory content that is written whereas slander entails defamation that is oral. вЂњThe law of defamation is concerned with the protection of reputation: Defamation protects a personвЂ™s reputation that is the estimation in which he is held by othersвЂ¦The law recognizes in every man a right to have the estimation in which he stands in the opinion of others unaffected by false statements that injure his reputation.вЂќДefamation can be classified into two: libel and slander. The Kenyan Court of Appeal in the case of Selina Patani & another v Dhiranji vs. It is needful for the peace and welfare of a civilized commonwealth that the laws should protect the reputation as well as the person of the citizenвЂќДefamation is used to protect the character of individuals, corporations and public institutions from attacks while at the same time promoting freedom of thought, right to public discussion and liberty. In some cases, they are dearer than life itself. The common law tort of defamation comes from the recognition that: вЂњreputation and honour are no less precious to good men than bodily safety and freedom. The topic on defamation is a broad one however, this article will analyse whether the publishing of judicial pleadings to the press and on the internet can leave Advocates exposed to defamation suits.Дefamation also known as character assassination is a tort (civil wrong) that dates back to the 13 th century arising from the age-old premise that states вЂno derogatory remark should ever be made about a gentlemanвЂ™. This need of protecting an individualвЂ™s reputation before the eyes of right-minded people in society gave rise to the tort of Defamation. Van Vechten Veeder, a United States Judge stated: вЂњ oneвЂ™s good name is as truly the product of oneвЂ™s efforts as any physical possession indeed, it alone gives to material possessions their value.вЂќ It therefore follows that a personвЂ™s name or reputation ought to be protected at all costs.

Defamation act kenya