Need Advice ?
Speak to a Lawyer Now
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
Is Someone Throwing Dirt on Your Name? How to Deal with Defamation?
Being the target of spiteful comments on the media is hurtful and infuriating. The spotlight is on you, and your reputation is on the line. It’s especially frightening and harmful if what’s said about you is untrue. There are laws in Singapore that protect you from such disrespect. But first, how does the law define defamation? Defamation is classified as a criminal offence under Section 499 of the Penal Code; it is codified as “words either spoken or intended to be read, or by signs, or by visible representations, [made] or [published] any imputation concerning any person, intending to harm… is said to defame that person.” In other words, it is the action of ruining the good reputation of a person, company, product or nation. Defamation also includes libel (written words) and slander (spoken words). Both libel and slander give the victim the right to hire a lawyer and sue.
The Checklist
In order to sue for defamation, three conditions that must be satisfied.
The statement in question must be false and defamatory.
A statement is defamatory if it lowers the victim’s reputation and causes his social suffering (e.g. causes the victim to be ostracised, ridiculed or scorned).
The statement in question must refer to the victim by name or picture.
If the victim can be unmistakably identified in the libellous/slandering statement, this constitutes a tort of defamation.
The statement in question must be published or communicated to a third party.
To show supporting evidence that the statement has been publically read, shared and/or circulating, the victim might view the audience size in a viewer counter. This is an important number to present to the Court because audience size helps to quantify the damages. Thus the larger the audience, the greater the damage.
Aside from the mode and extent of publication of the defamatory statements, the Court also factors in the nature of the defamation, the standing and conduct of the parties, and the effect of the defamation on the plaintiff.
What if the person who defamed you is a Singaporean but did so while abroad? The victim may apply legal action even if the publishing of defamatory claims occur outside of Singapore. An example case in which this happened was in Low Tuck Kwong v Sukamto Sia (2012) SCHC 233. Although the principal events surrounding the defamation and falsehood action occurred in Indonesia, the plaintiff brought the action to Singapore, where both parties are residents.
What if the person who defames you is not a Singapore citizen and does not live in Singapore? Can you still sue? No. Lee Kuan Yew set the record for the largest number of defamation suits in Singapore. He’s sued and won 21 cases in Singapore Courts. In 1999, in Lee v Globe and Mail, Nair, Lee filed a lawsuit against a Canadian newspaper over statements made by former president Devan Nair. The Canadian Court dismissed Lee’s court application.
Need Advice ?
Speak to a Lawyer Now
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
The Defence
The defence can claim that the defamatory remark was unintentional and that it was published “innocently in relation to that other person.” In order to justify what is perceived as a defamatory statement and defend it as fair comment, the statement maker must prove that the statement was:
An expression of an opinion
The opinion was of a relatively unbiased person
Based on true facts; and
Related to a matter of public interest
The statement maker may make an “Offer of Amends.” In doing so, the statement maker must have proof that his defamatory statement was made innocently and a public apology that also informs the recipients of the statement that its contents were defamatory.
If the offer is accepted by the party aggrieved and duly performed, the statement maker will no longer have to go to Court to settle a lawsuit. On the other hand, if the offer is not accepted, the statement maker must go to Court to prove the statement of question were published innocently and that the offer was made as soon as practicable after the defendant received notice that they were or might be insulting/defamatory.
Need Advice ?
Speak to a Lawyer Now
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
If the statement is not defamatory but has very damaging effects, the victim may still have grounds to sue the person who published the statement under the tort of malicious falsehood. For example, if a blogger rumoured that Coca Cola the soda company, was the sole cause for his family members’ deaths, though the comment is false, it may cause the profit of the company to take a nosedive. In which case, Coca Cola may sue the person who posted the lie.
How much is Your Reputation Worth?
The Court may award monetary damages and/or an injunction against the statement maker. Monetary damages are awarded to ease the distress suffered by the victim.
The Court awards money to ease the stress and patch up the reputation of the plaintiff. In doing so, the Court will take into account the gravity of the statement, the effect of the statement, and the quantifying damage of the publication.
The Court may also instate an injunction. There are two types: prohibitory and interlocutory. Prohibitory injunctions are granted to stop the publishing of future defamatory statements. Interlocutory injunctions force the statement maker to retract the statement.
How can we help you
Defamation in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in defamation laws in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.