ABSTRACT

In New Zealand the Defamation Act 1992 s. 26 provides that, at the request of the plaintiff, the court may recommend publication of a correction. The New Zealand Court of Appeal recently said it was unable to see any authority which preventing it issuing a mandatory injunction; it referred to academic authority in support of the idea, and thought that such jurisdiction did not conflict with the New Zealand Bill of Rights. The English Court of Appeal reiterated that the rule in Coulson v Coulson that interim injunctions, which amount to prior censorship, were to be granted only sparingly and in the clearest cases holds. There are very few African cases in which an injunction has been granted against the defendant restraining him from repeating the publication of a defamatory statement slander actionable per se; it was refused in JegedevDaily Times of Nigeria Ltd. and in KunenevShabangu.