The person or organization defamed, usually suffers damages as a result of the humiliation. The other aspects that could increase the value of the claim are specific damages, patrimonial loss and the insult to the dignity.

The South African Constitution and Bill of Rights has dignity and the protection thereof as a core value.

There is a long line of case law in South Africa where the amount of damages have been considered. The Supreme Court of Appeal has held that each case should be considered on its own facts as seen against the prevailing attitudes of our community. It is still a difficult call for any attorney or judicial officer.

There are certain factors which most courts refer to when making the award. These are the content of the defamatory matter, the nature of the publication, the extent of the publication, the standing of the plaintiff in society and the conduct of the defendant.

The content of a defamatory statement can be an accusation of lying or cheating or dishonesty or even a degrading description or racial insult. This does not necessarily mean that the award will be exceptionally high.

It would seem that the really large awards by our courts are those in matters where there was a real wide publication in the media about an important public person. But the lack of publication does not mean that no damages will be awarded. Damages for insult can be claimed even where there has been no publication. The amount awarded will however then be smaller.

Judges differ on how the factors should be considered. There are reported decisions which have regarded repetition of the defamation as a factor calling for a larger quantum of damages. There are other cases where the court has found that repetition does not make the defamation more serious.

A claimant should instruct an attorney with experience in the field of defamation damages in order to save time and costs of the research. This will prevent wasted energy in “re–inventing the wheel”.

Most defamation and insult cases take place in the Magistrates’ Court as the amount claimed is R100 000 or less. Should one claim more than this, the claim will have to be instituted in the High Court. One should first obtain a legal opinion or conduct careful research before claiming in the High Court, as this can lead to an adverse costs order if the amount eventually awarded is lower than R100 000. History has shown that the most awards are less than this amount.