LECTURE NOTES ON LAW OF

TORTS

(LAW 025)

BY

Nuhu Suleiman

3/10/2025 Diploma in Law II 1

TYPES OF DEFAMATION
There are two basic types of defamation namely
 Libel and
 Slander
Libel
Libel has bee variously defined
Bishop defined libel as any representation in writing calculated to
create disturbance of peace, to corrupt public morals or to lead to
any act, which, when done id indictable.
Blackstone on the other hand [Link],taken in their larger and
most extensive sense,signify any writings,pictures or the like of
an immoral or illegal tendency considered particularly as offences
against public peace,they are malicious defamations of any
person,made public by either printing,writing,signs,or pictures in
order to provoke him to wrath,or expose him to public hatred,
contempt or ridicule.

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DEFAMATION

 Introduction
The law of defamation has its roots in the right of reputation.
Every person has a right to live with dignity and reputation.
Reputation depends upon opinion of other people about a
particular person. Opinion is communicated from one
individual to another by expressing their thoughts.
A person’s own opinion about himself is not his reputation. A
good name that one bears or the esteem which one is held in
society is one’s reputation.
Thus reputation means what is thought of a person by the other
and is constituted by public opinion, it is the general credit
which a man has obtained in that opinion

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INTRO…
Reputation is different from character or disposition on the other.
The character of a person signifies the reality about him
whereas reputation indicates only what is reported of him by
others.
Character is internal while reputation is external. The law of
defamation aims at giving protection only to the external
reputation of a person and not to his internal disposition or
character.
This is based on the fundamental principle that the reputation of
the member of the society, the esteem in which he is held by it,
the credit and trust it reposes on his intelligence, honour and
integrity, all these constitute a valuable asset for him and
deserves a valuable asset for him and it deserves protection at
the hands of law.

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INTRO…
In the modern society, the right of reputation is acknowledged as
an inherent personal right of every person as part of the right of
person’s liberty.
A man’s reputation is an invaluable property. It is a jus in rem, a
right absolute and good against all the world.
Article 12(2) of the Constitution of the United Republic of
Tanzania,1977 provides that. Every person is entitled to
recognition and respect of his dignity.
The law of defamation recognizes in every man a right to have
the estimation in which he stands in the opinion of the others
unaffected by false statement to his credit
Any disparagement of his good name is infringement of the right
of reputation and therefore defamation is a wrongful act for
which civil and criminal proceedings would lie.

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MEANING OF DEFAMATION
Defamation has been variously defined
According to Black’s Law Dictionary, defamation is that tends to
injure reputation; to diminish the esteem, respect, goodwill or
confidence in which the plaintiff is held, or to exercise
derogatory or unpleasant feelings or opinion against him.
Statement which expose a person to contempt, hatred, ridicule
or obiguy.
Tomlin’s Law Dictionary, defines defamation as a false
publication calculated to bring a person in disrepute.
Defamation is when a person speaks scandalous words of
others, whereby they are injured in their reputation.
According to Salmond the wrong of defamation consists in the
publication of a false and defamatory statement concerning
another person without lawful justification.

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MEANING…
Winfield on the other hand defines defamation as the publication
of a statement which tends to lower a person in estimation of
right-thinking member of the society generally or which tends
to make them shun, or avoid that person. It is libel if the
statement be in permanent form and slander if it consists
insignificant words or gestures.
Apart from the definitions by prominent writers and statutory
provisions, there are judicial definitions of defamation, as laid
down by judges in the course of the judgments.
In the case of [Link] (1869) 7Eq.488, the court stated
that, defamation is injury to reputation of a person. If a person
injuries the reputation of another, he does so at his own risk, as
in case of interference with the property. A man’s reputation is
his property, and if possible more valuable than other property.

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MEANING…
In [Link] Arts Ins (1897) AC 68 at 72, the court held that;
a statement is said to be defamatory, when it had a tendency to
injure the reputation of the person to whom it refers. Such
statement is one which exposes him to hatred, ridicule, or
contempt, or which causes him to be shunned or avoided, or
which has a tendency to injure him in his office, profession or
calling.
In [Link] (1882) 8 QBD 491, defamation was defined
as “a false statement about a man to his credit”
In the case of [Link] (1971) HCD No 111, the Court
defined defamation in the following:
“Communicating to the mind of another matters which are untrue
and likely in the natural cause of things substantively to
disparage the reputation of third person(s)”

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MEANING…
Therefore, defamation can be said to be an intentional
communication either published or publicly spoken, that
injuries another’s reputation or good name, holding up a person
t o ridic ule , sc orn, or c ont e mpt in a re spe c t a ble a nd
considerable part of the community, and may be criminal as
well as civil.
In Tanzania, defamation is governed by the Newspaper Act under
the provisions of section 38 to 47

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ELEMENTS OF DEFAMATION
In order for the plaintiff to succeed in an action in the nature of
defamation he must prove the following elements.
• The statement must be defamatory
• The statement must refer to the plaintiff
• The statement must be published
 Statement must be defamatory
Defamatory statement is one which tends to injure the reputation
of the plaintiff. Such a statement tends to diminish the good
opinion that other hold about a person, and it has a tendency to
make others look at him with the feeling of hatred, contempt,
ridicule, fear or dislike or to injure him in his profession or
trade.
Whether the statement is defamatory or not depends on how the
right-thinking members of the society are likely to take it.

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ELEMENTS…
The standard to be applied is that of a right-thinking citizen, a
man of average intelligence, and not that of a special class of
person whose values are not shared or approved by the fair
minded members of the society generally.
In “Salmond on Law of Torts” the following proposition on the
nature of defamatory statement has been made:-
“ Defamatory statement is one which has a tendency to injure
the reputation of the person to whom it refers, which tends;
that is to say, to lower him in the estimation of the right-
thinking member of the society generally and in particular to
cause him to be regarded with feelings of hatred, contempt,
ridicule, fear, dislike, or disesteem”
To be actionable the alleged defamatory statement must be
false. But it is not the duty of the plaintiff to prove the falsity
of the statement. It will be presumed to be false.

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ELEMENTS…
The defendant has to establish in his defence that the statement is
true. If the statement is correct, then no question of defamation
arises.
Read: [Link] (1936) 2 All ER 1237
Capital and Counties [Link]& Sons (1882) 7 AC 741
 The Innuendo
A statement may be prima facie defamatory and that is so when
its natural and obvious meaning leads to that conclusion.
Sometimes, the statement may prima facie be innocent but
because of some latent or secondary meaning .It may be
considered to be defamatory. Thus Innuendo is a statement
which indirectly refers to a particular matter.

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 ELEMENTS…
The law requires that when the natural and ordinary meaning of the
statement is not defamatory but the plaintiff wants to bring an
action for defamation, he must prove the latent or the secondary
meaning, that is innuendo, which makes the statement defamatory
in the context in which it is said.
When the innuendo is proved, the words which are not defamatory in
the ordinary sense may become defamatory.

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ELEMENTS…
In the case of Tolley.v.J.S. Fry & Sons Ltd (1931) AC 333, the
plaintiff was a famous amateur golf champion. He sued the
defendants for libel contained in an advertisement of the
defendant’s chocolate. In the middle of the advertisement
“there appear the caricature of Mr. Tolley hitting one of his
most vigorous drives, with a carton of Fry’s chocolate sticking
prominently out of his pocket and a comic caddy dancing with
another carton of Fry’s chocolate in his hand comparing in
doggerel verse the excellence of the drive with the excellence
of the chocolate.
The plaintiff had not been consulted and he had also received
nothing in respect of the advertisement. Para 4 of the statement
of claim said:

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ELEMENTS…
“The defendants thereby meant, and were understood to mean
that the plaintiff had agreed or permitted his portrait to be
ex h ib it ed fo r t h e p u rp o s e o f t h e ad vert is em en t o f
defendant’s chocolate; that he had done so for gain and
reward; that he had prostituted his reputation as an amateur
golf player for advertising purposes; that he was seeking
notoriety and gain by means aforesaid; and that he had guilty
of conduct unworthy of his status as an amateur golfer.
The plaintiff said that by the advertisement he had suffered in
his credit and reputation. It was held that the innuendo that
he had prostituted his status for advertising was supported
by the facts and the advertisement was, therefore defamatory
for a man of his position.

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ELEMENTS…
 Intention to defame is not necessary
When the words are considered to be defamatory by the person
to whom the statement is published, there is defamation, even
though the person making the statement believed it to be
innocent. It is immaterial that the defendant did not know of
the facts because of which a statement otherwise innocent, is
considered to be defamatory.
For example in [Link] Mirror Newspaper Ltd (1929) 2
K.B 331, Mr. Cassidy (also known as Mr. Corrigan) was
married to a lady who called herself Mrs. Cassidy or Mrs.
Corrigan. She was known as the lawful wife of Mr Cassidy who
did not live with her but occasionally came and stayed with her
at her flat.

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ELEMENTS…
“ The defendants published in their newspaper a
photograph of Mr. Corrigan and Miss ‘X’ with
the following words “Mr. Corrigan, the race
horse owner, and Miss ‘X’ whose engagement
has been announced. Mrs Corrigan sued the
defendants for libel alleging that the innuendo
was that Mr. Corrigan was not her husband and
he lived with her in immoral cohabitation.
Some female acquaintances of the plaintiff gave
evidence that they had formed a bad opinion of
her as a result of the publication. The jury found
that the words conveyed defamatory meaning
and awarded damages. The Court of Appeal held
that the innuendo was established. Obvious
innocence of the defendants was no defence. The
defendants were held liable.

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ELEMENTS…
Similarly, in the case of [Link] (1947) 1 All ER 191,a
newspaper was held liable for publishing in good faith, a
mistaken announcement that the plaintiff had given birth to
twins. The plaintiff had been married only two months back.
Even though the defendants were ignorant of this fact, they
were held liable.
Moreover, a person is liable for defamatory statement even if he
did not know the plaintiff existed. The plaintiff relying on an
innuendo has to prove that there are people who know the facts
and so might understand the words in a defamatory sense. He
need not prove that some people did so understand them.(see
[Link] Express Newspaper Ltd (1910) 2 KB 507)

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ELEMENTS…
 The Statement Must Refer to the Plaintiff
In an action for defamation, the plaintiff has to prove that the
statement of which he complains referred to him.
It is immaterial that the defendant did intend to defame the
plaintiff. If the person to whom the statement was published
could reasonably infer that the statement referred to the
plaintiff, the defendant is nevertheless liable.
A man cannot defend himself by saying that he did not think that
any reference would be drawn from his statement; nor can he
defend himself by saying that any such a person as the plaintiff
existed. The rule is that a man publishes a defamatory
statement at his own peril.
Thus in Hutton & [Link] (1910) A.C. 20, a newspaper
published an article in which Artemus Jones was described as a
church warden. He was accused of living with a mistress in
Paris.

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ELEMENTS…
The writer did not know that there was any as Artemus
Jones. He invented an imaginary name for his article. But
unfortunately for him there existed one person bearing the
same name, and those who knew him supposed that the
article referred to him. It was held that the newspaper was
libel.
Similarly in the case of [Link] Goldwin Mayor
Pictures (1934) TLR 581, the defendants issued a talking
film the title “Rasputin the Mad Monk” in this they
depicted the life of a notorious Russian personality, the
hero in the story commits rape with a Russian Princess
and then the person betrothed to the princess assassinates
him. The plaintiff who was a Russian princess proved that
she was referred to. The defendants were held liable.

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ELEMENTS…
The court observed the following;
“ We follow the law that though the person who writes and
publishes the libel may not intend to libel a particular person,
the plaintiff, yet if evidence is produced that reasonable people
knowing some of the circumstances, not necessarily all, would
take the libel complained of to relate to the plaintiff an action
for libel would lie”
(See also [Link] Express Newspaper Ltd (1939) 4
All E.R.391)

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ELEMENTS…
Note: When the evidence shows that the publication was the
invitation of the plaintiff then there is no publication in law ,the
same was stated in the case of [Link]
Khalfan (1975) LRT 75, in the following words, “Where the
plaintiff directly or indirectly procures the publication of the
matter which he knows himself to be defamatory to himself the
maxim ‘Volenti non fit injuria’ would apply and the publication
would not be publication in law”

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ELEMENTS…
 Defamation of a Class of People
When the words refer to a group of individuals or a class of
persons, no member of that group can sue unless he can
prove that the words could reasonably be considered to be
referring to him.
Therefore, generally where a defamatory statement is made to
the large group or class of persons, it is not [Link] the
case of [Link] Express Newspaper Ltd (1944) 1
All E.R.495, Lord Atkin stated that: “There can be no law
that a defamatory statement made of a firm, or trustee, or the
tenants of a particular building is not actionable, if the words
would be understood as published of each member of the
firm, or each trustee, or each tenant. The reason why a libel
published of a large or indeterminate number of persons
described by some general name generally fails to be
actionable is the difficulty of establishing the plaintiff was in
fact, included in the defamatory statement”

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ELEMENTS…
As an exception where the statement though generally referring
to a class can be reasonably considered to be referring to a
particular plaintiff his action will succeed, for example in the
case of [Link] (1848) 1 H.L. Cas. 637, in an
article published by the defendants, it was mentioned that
cruelty was practised upon employees in some of the Irish
factories. From the article as a whole there were circumstances
which enabled the jury to identify the plaintiff’s Waterford
factory as the one aimed at, the plaintiff action succeeded.
Note: In determining whether individual member of the class
defamed can sue regard must be among other things the size of
the class, the generality of the charge and the extravagance of
the accusation

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ELEMENTS…
 The Statement Must be Published
Publication means making the defamatory matter known to some
person other than the person defamed, and unless that is done
no civil action for defamation lies.
Communication to the plaintiff himself is not enough because
defamation is injury to the reputation and reputation consists in
the estimation in which others hold him and not a man’s own
opinion of himself.
Dictating a letter to one’s typist is enough publication (See
[Link] (1891) 1 QB 524)
Sending the defamatory letter to the plaintiff in the language
supposed to be known to the plaintiff is no defamation, but
when the defendant knew or ought to have known that the
letter although sent to the plaintiff will be read by some third
party there is publication.

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ELEMENTS…
When the defamatory matter is contained in the postcard or a
telegram, the defendant is liable even without proof that
somebody else read it. If, however, the matter contained in
the postcard could not be understood as defamatory by the
stranger unacquainted with certain circumstances not
mentioned in the postcard, there is no defamation to the
postman or other person through whose hands the postcard
passed, this means that publication is not complete unless it
is made to the person who understands the defamatory
meaning of the statement and who also understands it refers
to the plaintiff, in the case of [Link] (1901) 2 KB.1,
the defendant sent to a person a postcard in which he wrote
defamatory statement about the plaintiff, but on the card the
name of the plaintiff was not written and so no person
knowing the circumstances, would have known as to whom
did it refer.
It was held that there was no sufficient publication to the
postman through whose hands the letter passed.

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ELEMENTS…
Therefore, it is the duty of the plaintiff to prove that the
publication was made to a person who could understand the
meaning of the defamatory statement and also knew that it
referred to the plaintiff.
Again, when the libellous letter addressed to the plaintiff is in the
ordinary, course of business, likely to be opened by his clerk or
by his spouse, there is defamation when the clerk or spouse
opens and read the letter.

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ELEMENTS…
 Communication between husband and wife
In the eye of law, husband and wife are one person and the
communication of a defamatory matter from the husband to the
wife or vice versa is no publication.
But, communication of a defamatory matter of one spouse to the
othe r is suffic ie nt public a tion. In the c a se of
[Link] (1962) 1 All ER.299, the defendant
wrote a letter to the plaintiff making false allegation of her
being a prostitute and a brothel-keeper. The letter was sent
under the circumstances that the plaintiff’s husband in all
probability would have read the same. The plaintiff’s husband
opened and read it. The defendant was held liable.

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ELEMENTS…

 Publication by two or more persons

When two or more persons, agree together to write or utter words
defamatory of another, and one of them writes or utters the
words in the presence of the other or others, who have so
agreed, all of them may be sued as joint tortfeasor provided
there has been publication of the defamatory matter to some
other persons other than those who are acting together or the
person wronged. But the writing or uttering of the defamatory
words by one of them in the sight or hearing of the others alone
will not amount to publication in law.

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ELEMENTS…

 Repetition of defamatory matter

The liability of the person who repeats a defamatory matter arises
in the same way as that of the originator, because every
repetition is fresh publication giving rise to a fresh cause of
action.
Not only the author of the defamatory matter is liable but its
editor, printer or publisher would also be liable in the same way
and their liability is strict.
The law adopts a lenient attitude towards another class of persons
who might disseminate the matter without knowing its content
e.g. books ellers,newspaper vendors or librarians.

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ELEMENTS…
They are not liable if;
 They did not know
 In spite of reasonable diligence could not have known that
what they were circulating was defamatory.
In the case of [Link] (1885) 16 QBD 354, the
defendants who were large scale news vendors, sold copies of
publication containing libellous matter concerning the plaintiff.
It was found that they neither knew nor were negligent in not
knowing the matter and hence there was no publication on their
part.

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TYPES OF DEFAMATION
There are two basic types of defamation namely
Libel and
Slander
 Libel
Libel has been variously defined
Bishop defines libel as any representation in writing calculated to
create disturbance of peace, to corrupt public morals or to lead
to any act, which, when done is indictable.

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TYPES…

Blackstone on the other hand says, libels, taken in their larger and
most extensive sense, signify any writings, pictures, or the like
of immoral or illegal tendency considered particularly as
offences against the public peace, they are maliciously
defamations of any persons, made public by either printing,
writing, signs, or pictures, in order to provoke him to wrath, or
expose him to public hatred, contempt, or ridicule.
Section 38 of the Newspaper Act, defines libel as “ Any person,
who, by print, writing, printing, effigy or by any means
otherwise than solely by gestures, spoken words or other
sounds, unlawfully publishes any defamatory matter
concerning another person, with intent to defame that other
person, shall be guilty of the offence termed “libel”

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TYPES…
In libel the defamatory statement is made in some permanent
form, such as, writing, printing, pictures of effigies.
Talking films, photographic part as well as speech which
synchronizes it have always been held as libel, as the scene
depicted on the screen are of permanent nature.
In the case of [Link] Goldwyn Mayor Pictures
Ltd (Supra), Slesser LJ, stated the ratio decidendi of the case
as follows:
“ There can be no doubt, that so far as the photographic
exhibition is concerned, that is the permanent matter to be
seen by the eye and is a proper subject of an action for libel,
if defamatory”

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TYPES…
In an action for libel the plaintiff is not required to prove any
damage. Any injury of one’s reputation is actionable per se
whether it causes any special damage to the plaintiff or not.
The plaintiff is required to prove that;
 The statement is false
 Such a statement is in some permanent form and
 The statement is defamatory which injures the reputation of the
plaintiff.

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TYPES…
 Slander
This is a publication of words that are defamatory. The words
complained of must be;
 False
 Defamatory
 Published
To be successful in a claim for slander, special damages must be
proved. This damage must be resulted from the use of the
words.
It must be the consequence of the words spoken e.g. loss of
customers, job, or hospitality of friends

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TYPES…
Where a document containing a defamatory statement is published
by being read out of the third part or where the publication of the
defamatory statement is to a clerk to whom it is dictated, the
communication in either case amounts to slender.
Slander, temporarily as it is, is only actionable on proof of special
damage, that is proof of actual pecuniary loss, which the plaintiff
can identify and value.
Slander is actionable per se in the following circumstances;
 Where there is an imputation of a criminal offence punishable
with imprisonment.
 Imputation of unfitness or incompetence in a particular
profession, trade or business carried on by the plaintiff.

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TYPES…
 Where there is imputation of contagious or infectious disease
likely to prevent other people from associating with the plaintiff.
 Where there is imputation of unchastely of women (Ismail.G.
[Link] Mgomera,Civil Appeal No 9 of 1983 at
Mbeya (Unreported)
 W h e r e t h e r e is a lle ga t io n o f w it c h c r a f t ( Se e
[Link] & Chali (1985) TLR 212)

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DEFENCES
Introduction
Defamation should be a balance between protection of reputation
and freedom of speech. Such balance is given by the defences
available against defamation claims. There are various grounds
in which the defendant may escape liability for a claim of
defamation and these are as follows;
 Absolute Privilege
The publication of defamatory matter is “absolutely privileged”
and no person shall under any circumstances be liable to
punishment in respect of the following cases;
 The matter published by the president,the government and the
National Assembly in official documents and proceeding;or

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DEFENCES…

 If the matter is published in National Assembly by the

President, the Government or any member of the National
Assembly and the speaker; or
 If the matter is published by order of the president or the
Government; or
 If the matter published concerned a person in a military force
and it is about the disciplines of a military man; or
 If the matter is published in course of any judicial proceedings
by a person taking part their in as a judge or magistrate or
commissioner for oaths, advocate or assessor or witness or part
thereto; or
 If the person publishing the matter is legally bound to publish it
(See section 42 of the Newspaper Act (Cap 229 R.E 2002)

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DEFENCES…
 Qualified Privilege
Publication of the defamatory matter is privileged on condition
that it was published in good faith if the relation between the
parties by or to whom publication is made is such that the
person publishing the matter is under some legal, moral or
social duty to publish…or has a legitimate personal interest in
publishing it provided that the publication does not exceed
either in extent or matter what is reasonably sufficient for the
occasion and in any of the following cases;
 Where the matter is a fair report of anything said, done or
shown in a civil or criminal inquiry or proceedings before any
court unless prohibited by the court; or
 Where the matter is a copy, reproduction of a abstract
previously published and privileged under section 42 of cap
229

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DEFENCES…
 Statements made to the police about the alleged crime (See Bi
Theonestina Rwekanila & [Link] Binamungu (1973)
LRT n.95)
 Community meetings properly convened to discuss matters of
common interest(See Novati Joseph and [Link]
Muzo (1973) LRT n. 14)
 Matters published by someone with legitimate interest in
publishing it.
Note: The defence of qualified privilege is abused when one
makes a statement believing it not to be true, one publishes
untrue matter without having taken reasonable care to ascertain
whether it was true or false, one publishing the matter acted
with intent to injure the person defamed in the substantially
greater degree…other than was reasonably necessary (See
Salum [Link] Manyori (1979) LRT n.2)

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DEFENCES…
 Fair Comment
Fair comment has been defined as criticism of matters of public
interest in the form of a comment upon true or privileged
statements of facts such comment being made honestly by a
person who believes the statement to be true and who was not
otherwise actuated by malice.
Under this defence a defamatory matter must appear on the face
of it to be a comment and not a statement of fact that is
expression of opinion on those facts.
 Justification
Under this defence the defendant is required to show that the
statements made were true and made in public interest and not
activated with malice. The defendant must discharge the burden
of proving that the statement was true and not that he honestly
believe it to be true

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DEFENCES…
 Apology
This defence originates from the Libel Act of 1843 of the United
Kingdom which was incorporated in our law by virtue of
section 2 of JALO as it was a statute of General Application in
England before 22/7/1920.
Apology is not a full defence rather it is a mitigating factor than a
defence.
When one makes an apology he has to show that the defamatory
statement was made without malice and without gross
negligence

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REMEDIES FOR DEFAMATION
 Damages
One of the remedies available in tort of defamation is damages,
damages simply means compensation in monetary value.
For the purpose of guiding the courts in assessing general
damages some factors has been developed. These factors
were enumerated by Kisanga.J. in the case of Said Ali
[Link] Buyer and Trader Publication Ltd and
others [1981] TLR 221,where it was said that in assessing
damages for libel the court will take into account factors such
as the status of the plaintiff, the extent of the circulation of
the publication and the conduct of the defendant.
In addition to the above the other factor to be taken into
account is failure to prove justification and motive of
publication.
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REMEDIES…
 Injunction
It is possible for an aggrieved party of defamation to seek an
injunction in the circumstances in which a defamatory matter
which is soon to be published to be stopped from being so
published.

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