When a widow was called a “rotten woman” and accused of misappropriating company funds by her sister-in-law, she sued for defamation and was awarded $40,000 in damages.
But how did her sister-in-law’s remarks constitute defamation? How does the Court rule in defamation cases? What does the defamation law in Singapore say about this case?
If you’re considering filing a defamation suit, it’s important to know what constitutes defamation – but it’s not always possible for people to determine whether something said about them is defamatory or not until they consult an attorney.
Seeking legal advice from an experienced law firm in Singapore is one of the best ways to legally protect yourself while getting the best possible chance of winning your case and obtaining compensation.
What Is Defamation In Singapore?
Defamation is a legal term that refers to statements made that harm someone’s reputation. In Singapore, defamation can give rise to both civil and criminal actions.
It is a criminal offence under Section 499 of the Penal Code, and civil actions are regulated by the Defamation Act, which focuses on defamation as a tort (a civil wrong).
This Section defines defamation as making or publishing statements, whether written, spoken, or conveyed through signs or visible representations, that are intended to harm or have reason to harm the reputation of a person. This can also apply to deceased persons, companies, or associations.
Under the tort of defamation, there are two types: libel (written or published defamatory statements) and slander (spoken defamatory statements).
Libel includes publishing defamatory content through various media, such as emails, blogs, or printed media, and also extends to visual representations like pictures or cartoons. Slander, on the other hand, refers to verbal statements.
The Penal Code outlines further explanations, including that statements expressed ironically or in the form of alternatives can still be considered defamatory if they lower the person’s reputation in the eyes of others.
Civil Defamation Vs. Criminal Defamation
In Singapore, defamation can be classified as either civil or criminal, each with distinct implications and legal processes.
Civil Defamation
Civil defamation occurs when a person’s reputation is harmed due to defamatory statements. Under the Defamation Act, individuals or corporations can file a civil lawsuit to seek damages for any harm caused to their reputation.
Even if the person did not intend to defame, they may still face civil liability if the statement in question harms another’s reputation. Successful civil defamation claims can result in financial compensation for the plaintiff.
Criminal Defamation
Criminal defamation, on the other hand, is defined under Section 499 of the Penal Code.
A statement is considered criminally defamatory if it was made with the intent to harm, or if the defendant had reason to believe it would harm the reputation of the person it concerns. In order to constitute criminal defamation, the statement must:
- Harm the reputation of the person.
- Identify the person being defamed.
- Be published or communicated to others.
Criminal defamation cases carry heavier consequences, including possible jail time of up to two years and/or fines. However, certain exceptions exist, such as when the statement is true and its publication is in the public interest, or if it is a good-faith opinion about public figures or judicial proceedings.
What Is Unintentional Defamation?
Unintentional defamation occurs when a defamatory statement is made without the intention to harm someone’s reputation. Even though the defendant may not have had malicious intent, the statement can still cause harm and may result in legal consequences.
According to Section 7 of the Defamation Act, a person who innocently publishes defamatory content can make an “offer of amends.” This allows the defendant to apologise, publish a correction, and notify others of the defamatory nature of the statement.
If the offer is accepted by the aggrieved party and fulfilled, legal proceedings will not continue. However, if the offer is not accepted, the defendant can still use the offer of amends as a defence in Court, provided they prove the statement was made innocently and the offer was made promptly.
Unintentional defamation differs from intentional defamation as there is no malicious intent behind the defamatory statement.
It could occur through careless remarks, misinformation, or misunderstanding. However, even if the publication was unintentional, the law provides remedies to repair the damage caused to the victim’s reputation.
For example, a media outlet may accidentally publish misleading information about an individual, without realising it would be defamatory. In such cases, the publisher could issue an apology and correction to limit the legal impact, demonstrating that the defamation was unintentional.
The Key Elements To Establish A Defamation Claim In Singapore
Defamation in Singapore is covered by Section 499 of the Penal Code, which means it constitutes a criminal offence, and the perpetrator may be arrested by the police if so warranted.
Additionally, defamation can also give rise to a civil suit under the tort of defamation and the Defamation Act.
According to the tort of defamation, written and spoken words can constitute libel and slander, respectively, and the victim can pursue a case against the perpetrator to pursue compensation (usually in financial form) or an injunction (a Court order to cease and desist).
As the plaintiff (victim), you must prove the following to show defamation:
The Statement In Question Must Be Defamatory
For example, it must have harmed your reputation, exposed you to contempt, or caused you to be shunned or exposed to ridicule by society.
In the case of the widow above, the judge found that the statements made by her sister-in-law were “clearly defamatory” because they were intended to damage her reputation in front of her business associates and staff.
The Statement In Question Must Pertain To The Victim
It must be clear that the person making the defamatory statement was referring to you, either by mentioning your name, showing a picture, or providing other forms of identifiable information.
The Statement In Question Must Have Been Published Or Communicated To A Third Party
As far as defamation cases go, if a tree falls in a forest and there’s no one to hear it, it doesn’t make a sound. The Courts also often take into consideration the “audience size” of the defamatory statement when calculating damages to be awarded to the victim.
This means you need to gather sufficient evidence to prove that other people have read the defamatory statement, leading to a negative impact on your reputation.
The Court also often takes into consideration the “audience size” of the defamatory statement when calculating damages to be awarded to the victim.
For example, if someone has published something untrue about you on a social media post, you can use a viewing counter to determine how many hits and engagements the post has gotten.
Remember, the strength of a defamation case does not lie in how many people have read the defamatory material. But the greater the “audience size”, the more chances of the victim (you) being awarded higher damages.
What Are The Possible Defences To Defamation?
If accused of defamation, the defendant can raise several defences under the Defamation Act and Penal Code:
Justification
This is an absolute defence. If the defendant can prove that the substance of the defamatory statement is true, the claim will fail. The defendant does not need to prove the truth of every single detail, but must prove that the “sting” of the accusation is substantially true.
Fair Comment
This defence protects opinions and commentary, not statements of fact. To succeed with a fair comment defence, the defendant must prove that:
- The statement was an expression of opinion.
- The opinion was based on true facts.
- The matter commented upon was of public interest.
- The opinion was one that an honest person could have held based on those facts. This defence can be defeated if the claimant proves the defendant acted with malice.
Innocent Dissemination
This defence protects intermediaries such as publishers or distributors who unknowingly circulate defamatory material. For instance, a library or newspaper distributor might use this defence if they were unaware of the defamatory content.
Offer of Amends
The defendant can admit that the statement was made innocently and offer to apologise publicly, withdraw the statement, and notify all parties that it was defamatory. This defence is often used as an attempt to resolve the matter without going to trial.
Absolute and Qualified Privilege:
- Absolute Privilege: This applies to statements made in specific contexts like parliamentary debates or judicial proceedings, where participants (such as MPs or judges) are immune from defamation lawsuits.
Public and fair reporting of judicial matters also falls under absolute privilege.
- Qualified Privilege: This applies when there is a legal, social, or moral duty to make the statement, and the recipient has a corresponding interest in receiving it. However, this privilege can be lost if the statement was made with malice.
For example, employees communicating work-related issues or media reports on judicial matters may use this defence.
These defences ensure that not all statements leading to defamation claims automatically result in legal consequences, as truth, public interest, or privilege may protect the speaker or writer.
How To Sue Someone For Defamation In Singapore?
If you believe that you or your business has been defamed, you can take legal action by suing for defamation in Singapore. Here is a step-by-step guide to help you navigate the process:
1. Gather Evidence
The first step in filing a defamation lawsuit is to collect evidence of the defamatory statement. This can include written or printed copies of the defamatory content, screenshots, or audio and video recordings that show the statement in question.
The evidence must clearly demonstrate that the statement was published or communicated to others and that it harmed your reputation.
2. Seek Legal Advice
Consult a defamation lawyer to evaluate your case. They will provide guidance on the strength of your claim and help determine whether you should pursue legal action.
Your lawyer may advise sending a Letter of Demand to the defendant, requesting an apology, removal of the defamatory content, or compensation for damages. This step can sometimes resolve the matter without the need for Court proceedings.
3. File A Writ Of Summons
If the issue is not resolved through a Letter of Demand, your lawyer will help you file a Writ of Summons to initiate the lawsuit. This formal document is submitted to the Court and outlines the nature of your claim.
4. Serving The Writ
Once the Writ of Summons is filed, it must be served on the defendant. The defendant will then have a set amount of time to respond to the claim, either by disputing it or by offering a settlement.
5. Exchanging Pleadings
Both parties will exchange legal documents, known as pleadings, which outline the claims, defences, and any counterclaims. This is an important phase where the facts and arguments of the case are clearly laid out.
6. Going To Trial
If the case is not settled during the earlier stages, it will proceed to trial. Both sides will present their evidence and arguments in Court. The judge will then make a ruling based on the merits of the case, and if you are successful, you may be awarded damages to compensate for the harm done to your reputation.
Throughout the lawsuit process, it is essential to show that the defamatory statement caused you actual harm, such as financial loss, damage to your reputation, or emotional distress.
Remedies and Damages in Singapore Defamation Cases
After you’ve raised a defamation case against a perpetrator, and if they are found guilty in the Court of law, there are two possible remedies that may be issued, either to ease the distress you’ve suffered or to repair your damaged reputation.
Monetary Damages
When deciding on the amount to be awarded, the Court will consider the following factors:
- The gravity of the statement
- The effect of the statement
- The extent of the publication
Injunctions
These are Court orders issued to the perpetrator to cease and desist, and can either be:
- Prohibitory, which requires that they stop future publications of the defamatory statement; or
- Interlocutory, which requires that they retract the defamatory statement they’ve made.
Punishments For Defamation In Singapore
Defamation in Singapore can result in both civil and criminal penalties, depending on the severity of the case and the nature of the defamatory statement.
Civil Defamation Punishments
In civil defamation cases, the primary punishment is monetary compensation, where the plaintiff seeks damages for the harm caused to their reputation. If a defamation claim is successful, the Court may award general damages to the plaintiff for loss of reputation, mental distress, and financial loss.
In cases where the defamation was done maliciously or with reckless disregard, the Court may also award aggravated damages. These damages are typically higher when there is evidence of significant harm or malice, such as the wide circulation of defamatory statements on social media.
An example of a civil defamation case is On Site Car Accessories.SG (KEL Services) v Tang Mun Wah Jerry, where the Court awarded S$30,000 in damages to the plaintiff due to the widespread reach of defamatory statements on Facebook, which harmed the company’s reputation.
Such cases emphasise the financial consequences of defamation, especially when it occurs in a public or online forum.
Criminal Defamation Punishments
Criminal defamation punishments are outlined under Section 500 of the Penal Code. According to Singapore law, criminal defamation occurs when someone makes or publishes a defamatory statement with the intent to harm or with knowledge that the statement will harm the reputation of another.
If convicted, the defendant can face:
- Imprisonment for up to 2 years
- A fine
- Or both imprisonment and a fine
In addition to standard criminal defamation, there are specific offences for the printing, engraving, or sale of defamatory material:
- Section 501: If a person prints or engraves defamatory material knowingly, they may face imprisonment for up to 2 years, a fine, or both.
- Section 502: Selling or offering for sale any printed or engraved material containing defamatory statements, knowing it contains such material, can also result in imprisonment for up to 2 years, a fine, or both.
Criminal defamation cases typically carry more severe punishments, as they are treated as a breach of duty to society. These cases are less common than civil defamation suits, but they serve as a deterrent against deliberate and malicious attacks on a person’s reputation.
Modern Challenges: Online and Digital Defamation
The internet has revolutionised communication, creating new and complex arenas for defamation. Singaporean law has consistently applied established legal principles to these modern challenges, recognising the significant and rapid harm that online falsehoods can cause.
Defamation on Social Media, WhatsApp, and Online Reviews
Any defamatory statement published online, whether in a Facebook post, a comment on Instagram, a Google review, or even a message in a private WhatsApp group, is typically treated as libel.
This is because the digital text is in a permanent form. The “publication” element is easily met as long as the statement is communicated to at least one other person.
The critical factor in the digital realm is the potential for widespread and instantaneous dissemination. A single defamatory post can be shared virally, reaching a far larger audience in minutes than a traditional print article. The Singapore Courts recognise this magnifying effect and often consider the extent of online circulation when assessing the severity of the damage to a person’s reputation.
Liability of Intermediaries and Group Admins
While the original author of a defamatory post is primarily responsible, the question often arises: what about the administrator of the Facebook group or the owner of the website where the comment was posted?
Under Singapore law, these intermediaries are generally not liable if they are unaware of the defamatory content. They can rely on the defence of innocent dissemination. However, this defence is lost once they are notified of the defamatory content.
If an administrator is made aware of a defamatory post and fails to remove it within a reasonable time, they can be deemed to have authorised or consented to its continued publication, making them liable as a publisher.
Suing an Anonymous Online Poster
One of the most significant challenges of online defamation is identifying anonymous attackers. However, Singapore’s legal system provides a powerful tool to unmask them.
If granted, this order compels third parties (such as social media platforms, internet service providers, or telecommunication companies) to disclose information that can identify the anonymous individual, such as their name, IP address, and contact details. Once the person’s identity is revealed, a defamation lawsuit can be commenced against them directly.
Are You Liable For Sharing Or Retweeting A Defamatory Post?
In the fast-paced world of social media, a single click can make you an unwitting publisher. A common misconception is that only the original author of a defamatory post can be held responsible. However, under Singapore law, this is incorrect. You can be held legally liable for simply sharing, retweeting, or forwarding defamatory content created by someone else.
The Repetition Rule: Every Share is a New Publication
The foundational legal principle at play is the “repetition rule.” This rule states that every time a defamatory statement is repeated or republished, it is treated as a fresh publication, creating a new and separate cause of action for defamation.
In the eyes of the Court, there is no legal distinction between the original author and a person who subsequently republishes the statement. When you perform actions such as:
- Retweeting a post on X (formerly Twitter).
- Sharing a post on your Facebook timeline.
- Forwarding a message or image on WhatsApp or Telegram.
- Quoting a defamatory statement in your own blog or online comment.
You are actively participating in the publication of that statement to your own network of friends, followers, or contacts. You become a publisher, and therefore, you can be sued for defamation just as the original creator can.
Does Your Intention Matter?
In a civil defamation claim, the defendant’s intention is not the primary consideration. The key elements are whether the statement was defamatory, whether it identified the claimant, and whether you published it to a third party. Your reason for sharing, whether out of agreement, shock, or even to condemn it, does not erase the act of publication.
Adding disclaimers like “just sharing,” “for discussion,” or “I don’t endorse this view” will not absolve you of liability. While such comments might be considered by the Court when assessing the level of damages, they do not serve as a valid legal defence against the act of publication itself.
The Limited Defence of “Innocent Dissemination”
The primary defence available in such situations is innocent dissemination. This defence typically protects parties who are merely passive conduits in the publication process, such as internet service providers (ISPs), printers, or newsagents, who have no knowledge or control over the content they are distributing.
However, it is very difficult for an individual social media user to successfully rely on this defence. By consciously clicking “share” or “retweet,” you are taking an active role in disseminating the content. It is no longer a passive act.
Furthermore, the defence of innocent dissemination is immediately lost once you are made aware that the content is defamatory. If someone notifies you that your shared post is defamatory and you refuse to delete it, you can almost certainly be held liable for its continued publication.
Conclusion About Defamation Law In Singapore
There are many factors to consider before deciding whether or not to pursue a legal course of action in a defamation case.
It is important to weigh the pros and cons and consult with an attorney as soon as possible in order to make an informed decision that will be best for your specific situation. Remember, defamation suits can be either criminal or civil in nature.
At Tembusu Law, we’re committed to providing top-notch legal advice that’s personalised to your circumstances.
Our team of highly experienced civil and criminal lawyers in Singapore is here to support you in your fight for justice. For family law issues, including divorce, our divorce lawyers in Singapore can also offer expert guidance.
Get in touch with us today for a free discovery call and any professional litigation and dispute management advice you may need.
Frequently Asked Questions About Defamation Law In Singapore
Can I Sue Someone For Defamation In Singapore?
Yes. If someone has made a defamatory statement against you, you can press charges and have them tried in the Court of Law. Defamation in Singapore is a criminal offence under the Penal Code and you can sue the instigator and be awarded damages if successful.
Is It Hard To Win A Defamation Case?
Winning a defamation lawsuit can be difficult, as it’s often difficult to prove whether or not a false statement caused actual damage to someone’s reputation. If you strongly feel you’re a victim of defamation, call our lawyers in Singapore to understand your legal options.
Is Defamation In Singapore Criminal Or Civil?
Defamation in Singapore can either lead to a criminal or civil case. The Penal Code states it’s a criminal offence, while the Defamation Act outlines civil actions based on the defamation tort.
Do You Need Evidence To Sue For Defamation In Singapore?
Yes. A defamation lawsuit will be more successful if the victim provides enough evidence before the Court that the slander or libel has caused them injury (damaged reputation, emotional distress, etc.) You can also prove the statement made against you was false.
Is It Worth Suing For Defamation In Singapore?
Yes, suing for defamation in Singapore can be worth it if significant harm to reputation, financial loss, or emotional distress has occurred due to false statements.
Successful defamation lawsuits can result in substantial monetary damages and vindication. However, it’s important to consider the legal costs and the strength of your evidence before proceeding.
When To Sue For Defamation?
You should sue for defamation when a false statement has been published or communicated to others, causing significant harm to your reputation, livelihood, or emotional well-being.
Before filing a lawsuit, ensure you have sufficient evidence of the defamatory statement and the harm caused. Consulting a defamation lawyer will help you determine if legal action is appropriate.
