What is the determining factor to constitute a tort of defamation?
In order to determine whether the case is one of defamation, the following elements must be proved by the claimant:-
(1) The statement must be defamatory
(2) It must refer to the claimant, i.e. identify him.
(3) It must be published, i.e. communicated to at least one person other than the claimant.
Mostly, the statements are in the form of words but it can take any form which conveys meaning, for example a picture, a cartoon or a statue.