Has someone slandered you or said libellous things about you? Are you looking for defamation lawyers in Singapore? What does defamation mean, and what do consequences entail in the Singapore laws?
Defamation is a criminal offence under Section 499 of the Penal Code. It implies the arrest of the perpetrator. There must be a demonstration that the defamer planned, knew, or had a cause to believe that his statements would hurt the victim’s reputation. Defamation is another improper conduct that results in legal action under the tort of defamation and the Defamation Act.
When can you sue for defamation?
Singaporean law largely follows British common law being a former colony. Its concept of defamation mirrors that of the United Kingdom and the United States. You can approach a reputable criminal lawyer from a trusted Singapore law firm under the following conditions:
#1 The words were defamatory if there is direct or indirect harm to reputation.
A statement is defamatory if it leads the victim to be shunned or avoided by right-thinking members of society. It also exposes the victim to hatred, contempt, or ridicule. Furthermore, a remark is also defamatory if the inferential interpretation can harm a person’s reputation. Individual facts and circumstances of cases determine whether a statement is considered defamatory. Consult with defamation lawyers from reputable Singapore law firms if you have suspicions.
#2 The identity of the individual is known.
The crucial question is whether people can recognise the victim through the words or images in the statement. It implies the presence of a reference or an accusation against an organisation or person. A reasonable person may connect the imputation of dishonesty to you, a member of that organisation. Careless wording or deficient investigation that results in incorrect identification is no defence to the charge of defamation.
#3 The person heard or read the words.
The best defamation lawyers in Singapore can prove that the victim has read the statement. Most courts consider the number of persons who have read the post immaterial in proving defamation. However, the so-called “audience size” is one of the considerations when calculating damages. In general, the more substantial the audience, the greater the harm.
What defences can you take against defamatory statements?
There are three defences you can take against criminal defamation. Any top criminal lawyer from a reputable Singapore law firm can successfully utilise two of these defences. The following are the three fundamental defences used to fight a defamation claim:
To defend justification, defamation lawyers in Singapore should prove that the creator of the statement demonstrates that it was true in both content and fact. Your lawyer should prove the statement and the facts upon which it was founded by presenting proof establishing the statement’s truth.
#2 Fair Comment
The best criminal lawyer can prove the individual who remarked must demonstrate that it was an opinion rather than a statement of fact.
- There are facts to prove the assertion;
- The declaration was objectively reasonable; and
- The remark in question is about a topic of public interest.
#3 Qualified Privilege
Qualified privilege occurs only in the one-of-a-kind scenario in which the person who created the situation has an interest or obligation to transmit the information. Moreover, the third party receiving the data has a similar duty to receive the information. The best criminal lawyer can also claim qualified privilege by proving the person remarking was attempting to protect their interests.
If a comment is defamatory but not malicious, you may be able to sue the offender. The creator of the speech may potentially be able to avoid responsibility if he makes an “Offer of Amends”. It requires proof that the statement was innocent and a public apology. If one of these defences succeeds, the defamation case is defeated.
What remedies are available for a defamation lawsuit?
If the civil defamation lawsuit is successful, the court will usually award monetary damages or an injunction against the creator of the remark. Hiring the best defamation lawyers in Singapore can get you any of the following:
There are two types of injunctions for criminal defamation that a lawyer from a reputable Singapore firm can get you. They are:
- Prohibitory Injunctions prevent the originator of the comments from making further defamatory claims about you. It aims to halt the publishing of defamatory statements.
- Interlocutory injunctions compel the creator to remove the remark to avoid additional reputational harm. It forces the maker to retract their defamatory comments.
#2 Monetary Damages
If the person hires the best criminal lawyer and wins their defamation suit, monetary damages aim to restore that person’s reputation. It also alleviates the individual’s pain. Monetary damages compensate that individual for financial damages incurred due to defamation, resulting in a damaged reputation.
When determining how much damages to award, the court will consider numerous variables, including:
- The significance of the statement.
- The statement’s impact.
- The scope of the publication.
What steps should you take if you are a victim of defamation?
Although what would first come to mind is scouring Singapore for the best criminal lawyer, it is not the first step you should take. If you are the victim of defamation, your first step should be to file a police report. There should be adequate proof that the person who remarked intended, knew, or believed that the comment would hurt your reputation.
Following that, you can file a civil case for defamation or apply for the Protection from Harassment Act. Victims may also choose mediation, arbitration, or a private settlement outside of court. However, it depends on the circumstances. If in doubt, seek expert legal counsel.
Work Only with Top Lawyers in Singapore
Are you seeking reputable criminal law firms in Singapore to assist you with a legal problem? Visit Quahe Woo & Palmer for legal counsel.
They are a tiny business that specialises in advising ultra-high-net-worth family offices and individuals with legal issues. Quahe Woo & Palmer has an established General Litigation branch that handles various civil and criminal problems. You will be working with atop criminal lawyer in Singapore when you come to their office. Visit their website for more information.