The Basics: A Simple Guide To Defamation Law In Singapore

For the average person, it’s generally useful to find out more about how defamation in Singapore works without going too deep into specifics.

You’re thinking of sending out a Letter of Demand (“LOD”) for defamation (or sending out a reply to one) and you don’t want to get too bogged down with the technical jargon…yet.

If so, this is the guide for you. Subsequently, we’ll be producing a more detailed guide that digs a little deeper, so if you’re interested in that, we’ll link up to that guide when it’s ready.

But in the meanwhile, here’s what you have to know about defamation…in a nutshell.

Defamation law in Singapore revolves around reputation, and protecting reputations within the remit of the law.

Types of Defamation in Singapore

Defamation in Singapore encompasses both libel (written or published defamation) and slander (spoken or transient defamation).

The majority of the court cases in Singapore generally revolve around libel as it is actionable without needing further considerations. Slander is not actionable per se, which is a fancy way of saying that there are further considerations to take into account prior to initiating a claim based on slander.

How is Defamation Determined?

The Three Legal Elements of Defamation

To successfully bring a defamation claim in Singapore, the claimant must establish the following three elements:

1. Defamatory Nature of the Statement

A statement is defamatory if it tends to lower the claimant in the estimation of right-thinking members of society, causes them to be shunned or avoided, or exposes them to hatred, contempt, or ridicule.

2. Reference to the Claimant

The statement must clearly or implicitly identify the claimant. Even if the claimant is not specifically named but a regular joe can reasonably conclude that the statement refers to the claimant, this element is satisfied.

3. Publication to a Third Party

There must be publication—meaning that the statement was communicated to someone other than the claimant. This includes social media posts, whatsapp group chats, emails, printed materials, broadcast media, and verbal statements made in public.

Available Defences to Defamation

Defendants in defamation cases may rely on a range of defences, including:

• Justification: The statement is substantially true.

• Fair Comment: The statement is an opinion (not a fact), made on a matter of public interest, and there was no malice on the part of the defendant in making that statement.

• Qualified Privilege: The statement was made in the context of a duty or interest, such as in an employment reference or complaint to authorities.

• Absolute Privilege: Complete immunity applies in specific situations, such as in parliamentary proceedings or judicial processes.

Legal Remedies and Consequences

If defamation is proven, the remedies may include:

• Monetary Damages: To compensate for reputational harm, including special and/or aggravated damages in certain situations.

• Injunctions: To restrain further publication.

• Apologies and Retractions: Public correction of the defamatory content.

Criminal Defamation in Singapore

Criminal defamation in Singapore falls under Section 499 of the Penal Code. The main difference between a criminal action for defamation and a civil action for defamation is that a criminal case for defamation ends up with the accused party ending up with a jail sentence and/or a fine while a civil action for defamation results in the payment of damages if successful.

Criminal cases for defamation in Singapore are rare and generally more difficult to succeed in than civil claims for defamation.

Have you been Defamed or been accused of Defamation?

If you have been defamed or been accused of defamation, it makes sense to seek legal advice regarding your situation. Every case of defamation is different and a good legal advisor can assist you in weighing your options and considering your strategies in either initiating or defending a claim.

We can assist you based on your specific situation.

---

If you are contemplating your options regarding a defamation matter in Singapore, we can assist. 

Book a consultation with us for a Defamation consultation at the following link:

https://www.bonsailaw.com.sg/practice-areas/disput...

Alternatively, you can contact us at 6550 6359 or get in touch with us through our contact form below and we will follow up with you regarding your matter.