Defamation of character: a forensic linguistics and comparative study of Namibia and South Africa

Abstract

Many studies have been conducted from a forensic linguistics perspective within the African continent and, more popularly, in Southern Africa, with a focus on linguistic diversity and multilingualism, among others (Kaschula et al., 2025; Ralarala et al., 2025). This study investigates defamation of character within forensic linguistics and legal linguistics contexts and involves a comparative analysis of Namibia and South Africa to explore how language is used to construct and legally interpret defamatory remarks. Although the two countries’ constitutions place limitations on the freedom of the press and speech, some individuals still violate these limitations and inflict harm on the reputation of public figures, violating their dignity and privacy. Hence, the study examines the causes of defamation, impacts on the victims, freedom of the press and speech, legal consequences and possible ways in which the two legal systems can mitigate the increase in online defamation. The study employs a qualitative approach and draws on the four principles of Grice’s maxims (Grice, 1975) and seven principles of the Honeycomb Model (Kietzmann et al., 2011) to analyse and interpret the data. Through analysis and linguistic techniques, data from nine semi-structured interviews and ten judgments in defamation cases derived equally from each country, the findings reveal how language is used as an instrument to defame others. The findings identify the main linguistic and social motives of defamation, along with their manifestations: emotions (like jealousy and boredom); attention-seeking (shows of deliberate, victim-discrediting malice through desiring ‘likes’ on social media platforms); and political motives. The findings reveal the severe, long-lasting impact on victims of defamation due to online users’ presence: reputational damage, moral harm, emotional anguish, financial loss, as well as business injury. Further, the study explores the balance between freedom of the press and expression and protection against defamation, showing how linguistic choices contribute to reputational harm.