SA Questions on Criminal Defamation

[dennisr35]

Does the defamed person need to be alive, for someone to be accused of Criminal defamation? Does the defamed person need to be identifiable by the publication containing the defamation? For example, if just the last name were used in the publication, the person could not be properly identified.

Thanks for your answers.

 

[JS79]

The common law position is that a representative of the deceased who has been defamed cannot sue for defamation that occurred prior or after their death.