Leaving an honest online review seems harmless, right? You’re just sharing your experience to help others. But what if that review lands you with a legal notice?
If you’ve just been told that you’re being sued for defamation because of a comment or review you posted, it can feel overwhelming. You might wonder if you’re truly at fault, or if it’s just a way to silence your opinion. In Singapore, the law does recognise defences to defamation, especially when you’re not acting out of malice.
Here’s what you need to know.
1. First, Don’t Ignore The Legal Letter
If you’ve received a legal letter accusing you of defamation, don’t panic, but don’t ignore it either. This letter, often called a Letter of Demand, typically comes from a law firm acting on behalf of the person or business you reviewed. It may require that you retract your review, issue a public apology, or even pay damages.
While it might feel threatening or excessive, you shouldn’t assume it’s baseless or hope it will go away on its own. In many cases, ignoring it can escalate matters and result in formal Court proceedings.
Here’s what you should do instead:
- Save a copy of the letter and don’t delete anything related to the review.
- Preserve your original post (even if you choose to take it down later).
- Collect supporting materials, such as receipts, photographs, emails, or messages that can back up your version of events. These might be important for your lawyer when considering your possible defences to defamation.
2. Understand What Defamation Means In Singapore
Before you can defend yourself, it’s important to know what you’re being accused of. In Singapore, defamation occurs when someone publishes a false statement that harms the reputation of another person or business. This includes posts on social media, Google reviews, blog articles and even WhatsApp messages if shared with a third party.
There are three basic elements that the other party will usually need to prove in a defamation case:
- The statement was published to someone other than themselves.
- The statement referred to them, and
- The statement lowered their reputation in the eyes of others.
Now here’s where it matters: not every negative statement is defamatory. If your comment is based on facts or if it’s a fair opinion rather than a factual accusation, you may be protected under defences to defamation recognised by Singapore law.
For instance, saying “The food took 45 minutes to arrive and was cold” is likely fine — it’s factual and reflects your experience. But saying “This place poisons its food” without evidence? That could land you in trouble.
3. Know The Common Defences Against Defamation
Even if someone sues you for defamation, it doesn’t mean you’ll automatically lose. The law provides several defences for defamation, and your lawyer will consider which one might apply to your case.
Here are the most common ones:
- Justification (Truth)
If what you said is substantially true, it’s usually the strongest defamation defence available. The burden will be on you to prove that what you posted can be backed up with facts. For example, receipts, photos, messages, or eyewitnesses. - Fair Comment
This applies when your statement is clearly a personal opinion based on facts, and not made with malice. Saying “I wouldn’t recommend this clinic, I found the staff unhelpful” is likely to be covered under fair comment. It’s your view, not a statement of fact. - Privilege
There are certain situations where statements are legally protected. For example, things said in Parliament or during Court proceedings are protected under absolute privilege. In some cases, limited protection, known as qualified privilege, may apply to things you say in good faith, like writing a warning email to a friend. But this defence is tricky to apply to online reviews and will depend heavily on the context.
4. Get Legal Help
If you’re being sued over a review, it’s easy to feel isolated or even bullied. Many people assume they’ve done something wrong just because they’ve received a legal letter. But the truth is, defamation claims aren’t always clear-cut, and you may very well have valid defences to defamation under Singapore law.
This is where getting proper legal advice really matters. A qualified lawyer will help you:
- Understand if the claim against you has any real legal weight,
- Figure out whether your review was protected by one or more defences for defamation, and
- Decide how to respond, whether through a carefully worded reply, a negotiated settlement, or preparing to defend your case in Court.
And no, this doesn’t have to mean going to trial. In many situations, a well-written legal response can defuse the matter before it escalates.
At Tembusu Law, we’ve seen firsthand how defamation claims can be used unfairly, sometimes to scare people into silence. That’s why we make it a point to defend the everyday person with the same commitment we offer as the best criminal lawyers in Singapore.
5. Try To Resolve The Matter Early
Not every defamation case needs to go to Court. In fact, most don’t.
Once your lawyer has reviewed your case and explored possible defences against defamation, they may suggest trying to settle the dispute amicably. This could mean:
- Editing your review to remove potentially harmful wording,
- Adding more context so your statements are clearly seen as opinion rather than fact, or
- Offering a neutral clarification without admitting fault.
Sometimes, the other party may just want to feel heard, and a reasonable response can go a long way in resolving things early.
Your lawyer will guide you in finding a balance between protecting your legal rights and keeping things from blowing up unnecessarily. After all, once a matter reaches the Courts, it becomes more public, more expensive, and more stressful.
Conclusion About Defences Against Defamation In Singapore
Getting sued for a review can feel like a punch in the gut, especially if you were just being honest. But remember, Singapore law does recognise valid defences to defamation.
Don’t try to face this alone. With proper legal advice, you might not only protect yourself but also push back against unfair attempts to silence you.
Whether you’re seeking help from the best criminal lawyers in Singapore or need guidance on a defamation claim, we’re here to support you.
Frequently Asked Questions About Defences Against Defamation In Singapore
What Counts As Defamation In Singapore?
Defamation happens when a false statement is published that harms someone’s reputation. It must be made to a third party and be shown to have caused damage.
Can I Be Sued For A Negative Google Review?
Yes, if the review contains false statements that damage a business or a person’s reputation, you may be sued. However, truth and fair comment are valid defences to defamation.
Is Telling The Truth A Defence To Defamation?
Yes. If what you said is true and you can prove it, that is called the defence of justification, and it can protect you in Court.
Can I Delete My Review To Avoid Being Sued?
Deleting the review might help de-escalate things, but it does not erase legal liability if the damage was already done. Still, it’s often a step your lawyer may recommend.
How Much Can I Be Sued For In A Defamation Case?
There’s no fixed amount. It depends on the damage caused, the reach of the statement, and whether the Court finds actual harm to the person’s reputation.
