What is Defamation?
Defamation can be either in the form of libel and slander.
Libel is the publication of a defamatory statement in a permanent form such as books, magazine publications, newspaper publications, email, internet web pages, letters etc.
Slander is a defamatory statement in a transitory form; that is, when someone makes a defamatory statement when speaking to someone else. It could also be in the form of gestures.
What are the Consequnces of Defamation?
If you have had defamatory statements made against you or your company and broadcasted to a third party, you may sue the person who has made the defamatory statement.
In the converse, if you have allegedly published and broadcasted defamatory statements to a third party, you may be sued for defamation by the person at whom the statement was made.
As defamatory statements could cause negative publicity and loss in both reputation and/or income to a person or company, the person or the company allegedly defamed could seek through the Courts in Singapore:
- damages from the person who has made and broadcasted the defamatory statement or publication
- an injunction for example, to stop the further broadcasting of the defamatory statement or publication
- an apology from the person who has made and broadcasted the defamatory statement or publication
- cost from the person who has made and broadcasted the defamatory statement or publication
Our Defamation Lawyers will advise you on whether the statement made or complained of is potentially defamatory, that is
- whether the potentially defamatory statement complained of could damage one’s reputation
- whether the potentially defamatory statement complained of identified or referred to a particular person or entity; and
- whether the potentially defamatory statement complained of was published or made to a third party
Further, our Defamation Lawyers will advise you on the potential consequences of the defamation, that is
- whether the potentially defamatory statement could cause negative publicity and loss in both reputation and/or income
- whether damages could be claimed from the person who has made and broadcasted the defamatory statement or publication
- the factors that may determine the quantum of the damages
- whether an injunction is required and obtained to stop the further broadcasting of the potentially defamatory statement
- whether an apology could be obtained from the person who has made the statement
Our Defamation Lawyers will also advise you on the likely success of the claim in defamation by advising you on the defences that may be available to the person who has made and broadcasted the potentially defamatory statement.
There are 3 main defences that may be available in defamation claims. These are:
The person who has made the statement to show that the statement made is substantially true.
The person who has made the statement to show that the statement is an expression of opinion on a matter of public interest (and not a statement of fact).
The person who has made the statement to show that the statement is privileged. Statements are privileged if made in parliamentary proceedings, court proceedings or in circumstances made for the benefit of the public. There can be no investigation into whether remarks made in these situations are defamatory.
Our Defamation Lawyers have extensive experience in defamation claims.
If you have been defamed or facing a defamation Court claim, please contact our Defamation Lawyers for assistance.
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Any information of a legal nature in this blog is given in good faith and has been derived from resources believed to be reliable and accurate.
The author of the information contained herein this blog does not give any warranty or accept any responsibility arising in any way, including
by reason of negligence for any errors or omissions herein. Readers should seek independent legal advice.