Editing Defamation (section)

===Roman Dutch and Scots law===
Defamation in jurisdictions applying Roman Dutch law (i.e. most of Southern Africa,{{efn|The vast majority of southern African states apply Roman Dutch law with regard to their [[law of obligations]], having adopted [[South African law]] (which generally applies Roman Dutch [[private law]] despite [[public law]] deriving from English common law) via [[reception statute]] under colonial rule}} Indonesia, Suriname, and the Dutch Caribbean) gives rise to a claim by way of "[[actio iniuriarum]]". For liability under the ''actio iniuriarum'', the general elements of delict must be present, but specific rules have been developed for each element. Causation, for example, is seldom in issue, and is assumed to be present. The elements of liability under the ''actio iniuriarum'' are as follows: 
* harm, in the form of a violation of a personality interest (one's ''corpus'', ''dignitas'' and ''fama'');
* wrongful conduct;{{efn|Conduct usually takes the form of statements, either oral or in writing; nevertheless, other forms of conduct, such as physical contact or gestures, could also arise. The principles are the same as those applicable to the [[South African law of delict#Aquilian action|Aquilian action]]}} and
* intention.

Under the ''actio iniuriarum'', harm consists in the infringement of a personality right, either "corpus", "dignitas", or "fama". ''Dignitas'' is a generic term meaning 'worthiness, dignity, self-respect', and comprises related concerns like mental tranquillity and privacy. Because it is such a wide concept, its infringement must be serious. Not every insult is humiliating; one must prove ''[https://web.archive.org/web/20121001091945/http://en.wiktionary.org/wiki/contumelia contumelia]''. This includes insult (''[https://web.archive.org/web/20110911024529/http://en.wiktionary.org/wiki/iniuria iniuria]'' in the narrow sense), adultery, loss of consortium, alienation of affection, breach of promise (but only in a humiliating or degrading manner), et cetera. "Fama" is a generic term referring to reputation and ''actio iniuriarum'' pertaining to it encompasses defamation more broadly Beyond simply covering actions that fall within the broader concept of defamation, "actio iniuriarum" relating to infringements of a person's ''corpus'' provides civil remedies for assaults, acts of a sexual or indecent nature, and 'wrongful arrest and detention'.

In [[Scots law]], which is closely related to Roman Dutch law, the remedy for defamation is similarly the ''actio iniuriarium'' and the most common defence is "veritas" (i.e. proving the truth of otherwise defamatory statement). Defamation falls within the realm of non-patrimonial (i.e. dignitary) interests. The Scots law pertaining to the protection of non-patrimonial interests is said to be 'a thing of shreds and patches'.<ref>Elspeth C. Reid, ''Personality, Confidentiality and Privacy in Scots Law'', (W. Green, 2010), at para.1.02</ref> This notwithstanding, there is 'little historical basis in Scots law for the kind of structural difficulties that have restricted English law' in the development of mechanisms to protect so-called 'rights of personality'.<ref>Elspeth C. Reid, ''Personality, Confidentiality and Privacy in Scots Law'', (W. Green, 2010), at para.17.17</ref> The ''actio iniuriarum'' heritage of Scots law gives the courts scope to recognise, and afford reparation in, cases in which no patrimonial (or 'quasi-patrimonial') 'loss' has occurred, but a recognised dignitary interest has nonetheless been invaded through the wrongful conduct of the defender. For such reparation to be offered, however, the non-patrimonial interest must be deliberately affronted: negligent interference with a non-patrimonial interest will not be sufficient to generate liability.<ref>Elspeth C. Reid, ''Personality, Confidentiality and Privacy in Scots Law'', (W. Green, 2010), at para.17.13</ref> An ''actio iniuriarum'' requires that the conduct of the defender be 'contumelious'<ref>Robert Black, ''A Historical Survey of Delictual Liability in Scotland for Personal Injuries and Death (Continued)'', (1975) 8 CILS 189, at 195</ref>—that is, it must show such hubristic disregard of the pursuer's recognised personality interest that an intention to affront (''animus iniuriandi'') might be imputed.<ref>David Ibbetson, 'Iniuria, Roman and English' in Eric Descheemaeker and Helen Scott, ''Iniuria and the Common Law'', (Hart, 2013), at 40</ref>