Defamation in Singapore: What Can You Do If Someone Makes False Statements About You?

A damaging statement can spread extremely quickly.

It may appear in a WhatsApp group, Facebook post, Google review, Telegram message, email, online forum or communication to an employer, customer or business associate.

Where a statement seriously damages a person’s or business’s reputation, the affected party may consider whether to take legal action for defamation.

What Is Defamation?

Broadly, defamation law protects a person’s reputation against statements that may lower that person in the estimation of others.

Defamation can arise from written statements, commonly referred to as libel, as well as spoken statements, traditionally referred to as slander.

Whether a statement is defamatory depends not simply on whether it is offensive or unpleasant. The words, their meaning, the people to whom they were communicated and the surrounding context can all be important.

Can Social Media Posts and WhatsApp Messages Be Defamatory?

Potentially, yes.

A defamatory statement does not have to appear in a newspaper or other traditional publication.

Statements communicated through social media, messaging applications, emails, online forums and other digital platforms can potentially give rise to a dispute.

A statement sent to other people in a WhatsApp or Telegram group, for example, may potentially constitute publication to third parties.

Each case nevertheless depends on its particular facts.

What If the Person Says the Statement Is True?

Truth is an important issue in defamation proceedings.

A person accused of defamation may seek to establish that the substance of the allegation is true.

There are also other potential defences depending on the circumstances in which the statement was made.

For this reason, receiving a letter of demand alleging defamation does not automatically mean that the recipient is legally liable.

Similarly, a person who believes that a statement about them is false should obtain advice on the strength of the potential claim before commencing proceedings.

What Can You Do If You Have Been Defamed?

The appropriate response depends on the seriousness of the allegation, how widely it has been circulated and what damage it has caused.

Possible steps may include:

• requesting that the statement be removed;

• demanding that further publication cease;

• seeking a correction or apology;

• issuing a letter of demand;

• negotiating an appropriate settlement; or

• commencing court proceedings where necessary.

In some situations, urgent action may be important because online statements can be copied and circulated rapidly.

Can You Claim Damages?

Damages may be available in a successful defamation claim.

The amount recoverable will depend on the circumstances of the case, including matters such as the nature and seriousness of the allegation, the extent of publication, the harm caused and the conduct of the parties.

Litigation should nevertheless be approached carefully. The likely benefit of pursuing a claim should always be considered against the legal costs, evidential issues and commercial or personal consequences involved.

What If You Have Been Accused of Defamation?

If you receive a letter of demand alleging defamation, do not assume that you must immediately agree to every demand.

The first step is usually to identify:

1. exactly what statement is complained of;

2. what the statement means in its proper context;

3. to whom it was published;

4. whether the allegation is true or can otherwise be defended; and

5. what practical resolution is available.

You should also preserve the relevant messages, documents and surrounding communications.

Deleting material may make it more difficult to establish the context in which the statement was made.

Defamation and POHA

Depending on the circumstances, false statements may also potentially give rise to remedies under Singapore’s Protection from Harassment Act (POHA).

POHA contains specific provisions relating to false statements of fact and gives the court powers to make various orders concerning their publication.

A POHA application and a defamation claim are not the same. Different legal requirements and remedies apply.

A lawyer can advise which route, or combination of steps, is appropriate in the circumstances.

How Can PKWA Law Assist?

PKWA Law advises both individuals and businesses involved in defamation and reputation-related disputes.

We can assist with:

• assessing potential defamation claims;

• advising persons accused of defamation;

• letters of demand and responses;

• online and social media disputes;

• negotiations and settlements;

• related POHA remedies; and

• court proceedings.

Where appropriate, our aim is to identify the most practical way of resolving the dispute rather than commencing litigation unnecessarily.

Initial Consultation

Our consultation fees start from $500 for up to 45 minutes. Contact us to arrange an appointment.

During the consultation, our lawyer will review the circumstances, provide a preliminary assessment of your legal position, and discuss your available options and recommended next steps.