Accusing someone of committing adultery – even if it is not true – cannot be said to be defamatory because society no longer views such conduct with disdain. The Mercury reports this this was the upshot of a judgment by KZN High Court (Durban) Judge Mokgere Masipa in a matter in which a local doctor had tried to sue a close family friend for accusing him of having an affair with his wife.

The judge’s ruling builds on a Constitutional Court pronouncement ‘that in light of the changing mores of our society’ adultery is no longer an offence and aggrieved spouses can no longer sue a ‘third party’ in a relationship for damages. This shift in societal views meant the doctor could not claim that his reputation, status and good name had been harmed, Masipa said.

Masipa ruled: ‘Even if the husband was wrong (about the affair), the shift in society in respect of adultery negates the doctor’s defamation claim and he led no evidence to prove that his reputation was indeed injured.’ She said on the face of it the husband could have succeeded in his claim against the doctor had the law not changed. She dismissed the case, ordering the doctor to pay the costs.

Full report in The Mercury (subscription needed)