Civil Procedure

Actio Iniuriarum

A Roman-Dutch delictual action for intentional infringement of personality rights — dignity, reputation, privacy, identity, and bodily integrity. It is the basis of defamation and related claims in South African law.

Legal Definition

The actio iniuriarum (action for insult/injury) is one of South Africa's oldest delictual actions. It protects personality rights including dignity (dignitas), reputation (fama), and physical integrity. It requires intentional infringement (animus iniuriandi) — negligence is not sufficient for the actio iniuriarum. Defamation, invasion of privacy, and sexual harassment claims all draw on this action. Damages are awarded for wounded feelings (solatium) and are not capped.

📖 Constitutional / Statutory Basis: Section 10 (dignity); Section 14 (privacy)

Practical Example

A newspaper publishes a false and damaging article about a private individual. The individual sues for defamation using the actio iniuriarum, claiming damages for harm to reputation and emotional distress.

Frequently Asked Questions

What is the difference between actio iniuriarum and actio legis Aquiliae in South Africa?

Actio iniuriarum protects personality rights (dignity, reputation, privacy) and requires intent. Actio legis Aquiliae protects patrimonial rights (financial losses) and requires only negligence. For defamation, actio iniuriarum is the correct action — financial loss is claimed separately.

Is truth a defence to an actio iniuriarum in South Africa?

For defamation, truth alone is not a complete defence — truth plus public interest (or truth for the public benefit) is required. For invasion of privacy and dignitary harms, truth is generally not a defence.

Related Terms

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