What Constitutes Defamation Lawsuit in Singapore

Defamation refers to acts of libel, slander (we’ll distinguish more between these two below), or malicious falsehoods that harm an individual’s or a business’s reputation in the eyes of right-thinking members of society. Defamation laws are typically contextualised in traditional modes of communication like print or broadcast, but widespread digitalisation has changed the ways in which defamation can happen—and how we must respond to it.

With social media platforms so ubiquitous today, the speed at which information (or misinformation) travels is unprecedented. Someone can go to bed and wake up to claims about their character having gone viral overnight, whether it’s true or false. And once a video or social media post has gone live it can never truly be taken down, leaving a digital footprint that can haunt an individual for years to come.

This makes protecting your reputation more critical than ever. If you or your business has been the subject of harmful and/or false statements, understanding your legal rights and options to initiate a defamation lawsuit in Singapore is the crucial first step towards proper recourse.

Understanding What Constitutes Defamation

There are three key elements the Plaintiff must prove to constitute a case for defamation:

1. The statement must be Defamatory: It must lower the Claimant reputation, expose them to hatred, contempt, or ridicule, or cause them to be shunned or avoided.
2. The statement must refer to the Plaintiff: The published words, images, or gestures must be clearly identifiable as referring to the person or entity claiming to be defamed. Even if the individual is not explicitly or specifically named but can be inferred through the material, it can be considered a reference to the Plaintiff.
3. The statement must be published to a Third Party: The material must have been communicated to at least one person other than the Plaintiff. In online defamation cases, simply posting to a social media feed or a blog can be considered publication to a Third Party.

More importantly, the defamation must cause loss or damage to the Claimant. If there are no losses, then the costs of the lawsuit or the letter of demand will cost more than the amounts which the Claimant can win.

Common defenses against defamation lawsuits

A Defendant facing a defamation lawsuit may raise several common legal defenses, attempting to shift the burden of proof back to the Plaintiff or argue the statement was justified:

• Justification: The Defendant must prove that the defamatory statement is true. If successful, the claim fails entirely. If the Defendant has asserted that the Plaintiff committed workplace harassment or wrongful dismissal, for instance, and that was in fact what happened (i.e. it was true), then the Claimant will not be successful in claiming for defamation.
• Fair Comment: The Defendant argues the statement was an honest expression of opinion, based on facts that are true, and relates to a matter of public interest.
• Qualified Privilege: Qualified privilege is a legal defense in defamation cases that protects statements made out of a legal, social, or moral duty by someone who has a corresponding interest or duty in receiving the information.
• Absolute Privilege: This defense applies when the statement was made on an occasion that the law recognises as privileged (e.g. statements made during parliamentary or judicial proceedings).

Understanding libel versus slander

Libel and slander are two different types of defamation. Understanding the nuances between the two is key to properly building your case.

• Libel: Defamation in a permanent written or published form. This includes written words, SMS, WhatsApp, Telegram, WeChat and LINE messages, print, images, social media posts, emails, and online articles. In a defamation lawsuit, libel is generally actionable without the need to prove specific financial loss.
• Slander: Defamation in a temporary or transient form, typically spoken words or gestures. Historically, accusations of slander require proof of specific damage, although this requirement has been relaxed for statements affecting one’s professional or business reputation under the Defamation Act.

Social Media Defamation: The popularity of social media platforms like Facebook, Instagram, LinkedIn, TikTok, and Twitter mean that most contemporary cases fall under online defamation, which is generally treated as libel due to the permanent nature of the digital record.

The Legal Framework: Your Rights and Recourse when Facing Defamation

The Defamation Act is Singapore’s primary statute governing civil defamation claims. Victims who successfully pursue civil litigation under this Act are entitled to dual avenues for recourse:

• Monetary Damages: Compensation for the harm caused to reputation and any associated financial losses. The Court considers the seriousness of the statement, the extent of its publication, and the Defendant’s conduct (e.g. failure or refusal to apologise to the Plaintiff).
• Injunctions: A Court Order compelling the Defendant to immediately cease further publication of the defamatory statement. An interlocutory injunction may also be sought to compel the immediate retraction of the statement while the case is ongoing.

Defamation can also be a criminal offence under Section 499 of the Penal Code. While less common than civil actions, criminal defamation proceedings can result in fines and imprisonment for the offender, particularly where there is evidence of clear intent to harm the victim’s reputation.

Strategic Next Steps in a Defamation Lawsuit

If you are a victim of defamation, you need to act quickly and strategically to protect your interests and secure a successful legal outcome. Here is a clear guide on how to sue someone for defamation in Singapore:

Step 1: Seek Legal Advice Immediately

First, always consult with a defamation lawyer in Singapore. An expert will assess what constitutes defamation in your specific circumstances, evaluate the strength of your claim, and recommend the most effective legal avenue for recourse, be it a civil lawsuit, a police report, or even utilising a mediation lawyer for a negotiated settlement.

It is a common mistake for parties to immediately engage a defamation law firm to send out a letter of demand. If the letter is sent improperly or threatens the wrong things, then such a letter will backfire.

Step 2: Gather and Preserve Evidence

Act quickly to collect and preserve evidence of the defamatory statement. For online defamation this means taking dated screenshots of the posts, comments, or articles, and retaining copies of any emails or recordings. Evidence must clearly demonstrate the elements of defamation, including publication to a third party.

Step 3: Pre-Litigation Actions

Before commencing a full defamation lawsuit, a lawyer will usually advise sending a strongly worded Letter of Demand. This formally requests a retraction, a public apology, and often a sum in damages. This step sometimes resolves the matter swiftly and cost-effectively without the need to pursue civil litigation.

Step 4: Filing a Lawsuit

If the Letter of Demand is unsuccessful, your defamation lawyer will advise you on how to file an Originating Claim in the Singapore Courts. A skilled civil litigation team will manage the subsequent procedural steps, including the exchange of pleadings and preparation for trial.

How Farallon Law Helps Protect Your Legal Rights

Navigating the complexities of a defamation lawsuit requires not only an understanding of the Defamation Act but also strategic insight into utilising the remedies available.

Our Mr Nicolas Tang was part of the litigation team that acted for former Prime Minister Lee Kuan Yew in his defamation suits in the High Court of Singapore against opposition party member Chee Soon Juan, and former Prime Minister Goh Chok Tong in his defamation suits in the High Court of Singapore against Chee Soon Juan. 

Reported Judgments
Goh Chok Tong v Chee Soon Juan (No 2) [2005] SGHC 3

Lee Kuan Yew v Chee Soon Juan (No 2) [2005] SGHC 2

Goh Chok Tong v Chee Soon Juan [2003] SGHC 79

Lee Kuan Yew v Chee Soon Juan [2003] SGHC 78

Our Mr Nicolas Tang also managed to achieve a successful settlement by his client against Mediacorp celebrity Edmund Chen after a lawsuit and mediation process. This was achieved despite a counterclaim by the celebrity against our client. See The Straits Times Article: Actor Edmund Chen and marketing consultant settle defamation suits | The Straits Times

Our team has been involved in numerous other defamation cases in Singapore and abroad, most of which were successfully settled out of court, and since these cases are not reported in a Court judgment or in the press, we will not comment or feature them in this article to respect our clients’ privacy and confidentiality.

Farallon Law’s legal team possesses expertise in civil litigation that allows us to handle all facets of reputational disputes, including complicated online defamation cases. Our firm can act swiftly to advise you on your legal rights and while simultaneously preparing to pursue a civil litigation case in Singapore for damages, covering all grounds necessary to secure your recourse. Our experienced mediation lawyers can also help explore confidential, out-of-court settlements for clients focused on protecting their reputation and achieving the best possible outcome.

Contact Farallon Law immediately for a confidential consultation with a defamation lawyer in Singapore. Take the first steps to secure your legal rights and restore your reputation.