A false post about you or your business can spread in hours. What you do in the first few days often decides how the matter ends. This guide sets out how defamation works in Singapore, the defences you should expect, and the steps to take before you do anything else.
What counts as defamation
A statement is defamatory if it would lower you in the eyes of reasonable members of society, or cause people to shun or avoid you. To bring a claim you generally need to show three things:
- the statement was defamatory;
- it referred to you, by name or in a way people would recognise; and
- it was published to at least one person other than you.
Posts, comments, videos, messages in group chats and reviews can all count as publication. Sharing or reposting someone else’s defamatory statement can be a fresh publication too.
The law distinguishes libel (permanent forms, including most online content) from slander (spoken words). For slander, a claimant usually has to prove actual financial loss, though there are exceptions, for example words that disparage a person in their office, profession or business under the Defamation Act 1957.
The defences you will meet
Expect the other side to rely on one or more of these:
- Justification. The statement is substantially true.
- Fair comment. It was an honest opinion on a matter of public interest, based on true facts.
- Privilege. It was made in a setting the law protects, such as evidence in court, or in some cases where the speaker had a duty to say it to someone with an interest in hearing it.
An early, honest view of how these defences apply to your facts is the most useful thing a lawyer can give you. A claim that looks strong on day one can look weaker once you see what the other side can prove.
Defamation or harassment? The POHA route
The Protection from Harassment Act gives a second set of tools. If a false statement of fact has been published about you, you can apply to court for orders such as an order to stop publishing the statement or to publish a correction. These applications are heard in the Protection from Harassment Court and can move faster than a defamation claim.
The two routes do different jobs. A POHA order can stop or correct a statement quickly. A defamation claim can also recover damages for the harm to your reputation. Some matters call for both.
Time limits
In Singapore, a defamation claim is generally subject to the six-year limitation period for claims in tort. Do not take that as a reason to wait. Evidence disappears, posts are deleted, and a long delay can make a court less sympathetic to an urgent application.
The first steps
- Keep the evidence. Take screenshots that show the date, the time and the web address. Save the whole page or video if you can. Note who has seen it.
- Do not reply in public. An angry reply can repeat the allegation to a wider audience and give the other side material to use against you.
- Do not send a threat yourself. A letter of demand works best as part of a plan. Sent alone, it can harden positions or prompt a pre-emptive post.
- Get advice on the options. A demand for removal and an apology, a POHA application, a defamation claim, or a mix of these.
Is it worth suing?
Sometimes. A court can award damages for injury to reputation, and more where the defendant acted with malice or made things worse. In Fok Kah Hon v Quek Ban Tong Edmund [2022] SGDC 92, in which Akesh acted for the claimants, the court decided liability and assessed damages for statements about an education business, a publisher and a company director (read the case note).
Litigation is still slow and costly, and a trial can bring the original allegation back into the news. For many clients the goal is simpler: get the statement down, get a correction on the record, and move on. We will tell you early which outcome is realistic and what it is likely to cost.
For public figures
Athletes, media personalities and influencers face a particular problem: the audience is large and the story moves fast. A response has to work in public as well as in court. We plan both together from the first call.
Common questions
How long do I have to sue for defamation in Singapore?
A defamation claim is generally subject to the six-year limitation period for claims in tort. Acting early is still better: evidence disappears and delay can weaken an urgent application.
Can I sue over a social media post or a review?
Yes. Posts, comments, videos, group-chat messages and reviews can all be publications. Sharing someone else’s defamatory post can be a fresh publication too.
Is a POHA application better than a defamation claim?
They do different jobs. A POHA order can stop or correct a false statement quickly. A defamation claim can also recover damages for harm to your reputation. Some matters call for both.
Should I send a letter of demand myself?
It is better not to. A letter of demand works best as part of a plan; sent alone it can harden positions or prompt a further post.
Akesh Abhilash is a Singapore disputes lawyer with eleven years in practice, acting in commercial, cross-border and criminal matters before the Court of Appeal, the High Court, the State Courts and international tribunals. Read his profile.