Description
Defamation – libel against architect of the Kariakoo market – duty of publisher of a newspaper – libelious matter – actionable per se – actual damage to character and reputation – quantum of damages – quantification of general damages – exemplary damages – punitive damages – vindictive damages – aggravated damages – repetition of libel – balance between defamation by a newspaper and survival of newspapers, freedom of expression and the citizens’ right to information through reputable newspapers.
- Libel – publication in a newspaper – defamatory words against the architect who designed the Kariakoo market.
- The fact that defamatory words wrongly describe the plaintiff’s place of residence is immaterial – the words are still defamatory.
- Publishers of newspapers have a duty to edit their articles before publication, and delete out libelous matter – editors should ensure that their newspapers do not veer off course to libel the innocent.
- In Tanzania the tort of libel is actionable per se, and the plaintiff only need to prove that defamatory words has infringed his legal rights – he need not prove actual damage to his character and reputation – But in so far as the quantum of damages to be awarded to him is concerned, the Plaintiff has a legal duty to marshal evidence from which this court can assess the quantum of damage.
- Quantum of damages in libel cases.
- General damages are those which this court presumes to have arisen out of defendant’s wrongful act – quantification of general damages is a matter for the court to decide and calculation depends on the circumstances of individual cases.
- Exemplary or punitive or vindictive damages are damages given not merely as pecuniary compensation for the loss actually sustained by the plaintiff, but also as a kind of punishment of the defendant with the view of discouraging similar wrongs in future.
- Failure of the editors of the newspaper to diligently edit away libelous matter from a story its intern journalist collected attracts an award of exemplary or punitive damages.
- Aggravated damages – meaning – circumstances when the court can award aggravated damages – where defamation is actuated by malice such as repetition of the libel; failure to contradict it; insistence on a flimsy defence of justification; and a non-apologetic cross-examination are matters that will aggravate damages.
- Defences against suit on libel.
- Damages in defamation cases are not designed to enrich the plaintiffs – awardable damages must be kept at reasonable levels lest they drive newspapers out of business and as a result impinge upon the equally important freedom of expression and the citizens’ right to information through reputable newspapers.
- Plaintiff was awarded a sum of TShs. 45,000,000/- as damages for libel.
