ABSTRACT

The purpose of this chapter is to examine the place of religion within the backdrop of the tort of defamation. In simple terms defamation is subdivided into libel, when the defamatory words are in writing, or slander when they are spoken. The Courts generally tend to treat a statement as defamatory when it ‘lowers a person in the estimation of right thinking members of society in general’. This chapter will look at some key questions, examining cases in which religious adherents resort to legal action. Can we bring God into court? Can the Judiciary adjudicate doctrinal differences and disputes? Are there occasions when the Courts will make a ruling on religion? In order for us to come to any sound conclusions on the subject matter, we shall refer to a number of legal cases, some of which have set precedents in the field of ecclesiastical law.