This archive report was first published on 13 December 2019.
On December 13, 2019, a reader asked me to explain why political cartoonists are allowed to publish drawings that mock and ridicule people in public life.
Political cartoonists rely on poetic licence to caricature, satirise, exaggerate, lampoon, and make fun of personalities in public life. However, they are not licensed to defame.
But what is poetic licence? It allows artists to change facts or break the usual rules of language or style to create a particular effect. In the case of political cartoons, it enables cartoonists to critique public figures without being sued for defamation.
However, cartoonists must ensure that the basis and message of their cartoons are materially or fundamentally accurate. If they cross the line into defamation, they and their newspapers risk being sued.
Cartoons are not exempt from the law of defamation. According to Winfield and Jolowicz on Tort, defamation can take any form, including a picture, cartoon, or statue.
Political cartoonists must balance the right of freedom of expression against the right of individuals not to have their reputation damaged. In Kenyan courts, a few cases of cartoon defamation have shown that cartoonists must make their comments on the basis of fundamentally sound facts.
