LAW OF TORT-DEFAMATION

Discuss the law relating to the defamatory character of a statement in defamation.
defamation is constituted by the publication of a false statement without justification which tends to lower the pliantiffs reputation in the estimation of a right thinking member of society or to injure him in his office ,trade or profession or being shunned or being avoided.
this was held in the case of sejjoba vs Rwabigenji and anor no 57
defamation takes two forms that is:
1.libel where such words are reduced to writting
2.slander where such words are by utterence by word of mouth.
the law relating to the defamatory character of a statement in defamation is to the effect that such words must be defamatory,falseand should raise two important issues:
1 whether the words are capable of being defamatory at all,this is a question of law
2.whether the words in the particular circumstances were defamatory of the pliantiff this a question of fact.
inorder for the words to be defamatory they must tend to lower the reputation of the pliantiff in the estimation of  a right thinking member of society.
professor street says that if a substantial and sizable and respectable proportion of society could think less ,well of a man provided in that such reaction is not plianly and socially or irrational then the statement is defamatory.
in cassidy vs daily mirror news paper ltd (1929) 2 BB 337
it was held that the defendants statements conveyed  to reasonable persons  a bad effect on the plaintiffs moral character,the innuendo alleged by the plaintiff was therefore established and the plaintiff was entitled to succeed in her action against the defendant.
where a  defendant attempts to justify his /her action but fails this might aggravate damages, the rationale being he /she is unrepentant.
fair comment can be a defence in defemation incase the defendant proves that such utterences were a matter of public interest or the statement made was in expression of an opnion not an assertion of fact,such comments must be fair not malicious.
in a nut shell its important to indicate there other elements to prove the action of tort in defamation.