Civil Law
1) Defamation
What Is Defamation?
Defamation is often interchangeable with “libel” or “slander”. It’s an act (whether spoken, written, or online) seeking to spread falsehoods. According to Singapore’s laws relating to Defamation and the Defamation Act, any medium can be a breeding ground for defamation:- Broadcast media
- Telecommunication
- Visuals (images, infographics, signage)
- Words (gestures and other methods of conveying meaning)
When Can You Be Liable For Defamation?
A person can sue another individual or entity for criminal defamation in Singapore if they share defamatory material. Defamatory material refers to any material (photos, articles, graphics, video clips, etc) meant to damage someone’s reputation using disinformation. However, three conditions must be satisfied:
- The statement in question should be libellous or defamatory
- The victim is the clear target of defamation or libel
- The statement must be published or be in public circulation. A third party must also be aware of it.
Element 1: The Statement In Question Should Be Libellous or Defamatory
Anything is defamatory if it ruins a person’s reputation and also lowers their standing in society. The victim may be in constant fear of harassment or may even be an outcast from public activities.For example, if an influencer has uploaded a vlog falsely accusing a public official of misappropriating funds, this can harm the latter’s reputation. This situation can even worsen if the influencer has a huge social media presence. If the victim has no resources nor means to combat fake information, then any untrue statements targeted towards them can be damaging.
Additionally, anything inferential or implicitly implied can also be considered defamation. Even if someone has not directly accused a person, but the accusation alludes to the victim, then the latter could also build a case.
What if an unsuspecting reader has shared defamatory content? What if they’ve republished the content and converted it into multiple formats? Unfortunately, these situations do not absolve the person from being liable. As long as the target of the defamatory statement continues to suffer damages, they can still pursue a case against the instigator.
Was The Statement Made With The Intention Of Humour Or Insult?
There is a counter argument as to the validity of a defamation claim. This could be an exception if the intention was to be comedic rather than insulting.Languages are ever-evolving. More than just a means of communication, they have become an avenue for people to express themselves in creative ways. Cultural slang and non-literal language, for example, have pervaded societies in many instances. Similarly, this type of casual language can also be gravely misinterpreted, causing issues to arise.
For example, if you’re frustrated with an airline service, you might use social media to air your grievances. But someone out there may take your joke too seriously, especially if it connotes a possible threat to life. Therefore, for a statement to be defamatory, the Police or Courts will examine the facts and circumstances of each case. It’s up to the Courts to determine the seriousness or triviality of the situation.
Element 2: The Victim Is The Clear Target Of Defamation Or Libel
If someone has referred to a victim by name by uploading a photo of them in a post intended to malign them, it also counts as defamatory. One can strengthen their case if third parties are also able to physically verify the victim’s identity on the malicious post. Whether intentional or not, one must be responsible for what they put out on social media for the world to see. Baseless accusations or mistaken identities are not considered a defence against the tort of defamation.Element 3: The Statement Must Be Published, Or Be In Public Circulation
For online defamation, there should be evidence to support that someone has read the offending statement.For example, someone has written about you on a Twitter or Facebook post. The presence of a viewing counter may help your case. This tells you that the upload has garnered hits and a third party group is already aware of it.
Building a defamation case does not necessarily rely on the number of people who have read the publication. However, the “audience size” is considered during damages. The damages are far greater with a larger audience than otherwise.
Element 4. Defending Against A Defamation Lawsuit
There are three types of defences to a defamation tort:- Justification
- Fair comment
- Qualified privilege
Justification
For this type of defence to be successful, the maker of the statement should support the claim. They must be able to present facts or evidence that substantiates the statement or a claim.Fair Comment
In a Defence of Fair Comment, the maker must prove that the statement was merely an opinion grounded by facts. It should meet the following conditions:- The statement was based on fact
- The statement is objective and unbiased
- The statement is within public interest
If the victim has accepted the “Offer of Amends”, they can choose to stop pursuing the lawsuit. However, if the statement is still very damaging, the plaintiff may sue the defendant under a different tort.
Recourse In A Defamation Action
A successful defamation lawsuit will allow the Court to compensate the victim for damages and order an injunction against the defendant. Monetary damages are awarded to the plaintiffs to ease the mental and emotional distress they’ve suffered while the defamatory material remains in circulation. Financial compensation also helps the victim rebuild their damaged reputation and make up for loss of income. Against the defendant, the Court may issue either a prohibitory or interlocutory injunction. The former leads to a cessation of publishing defamatory material in the future. Meanwhile, interlocutory injunctions force the defendant to recant their statement/s.What To Do If You’re A Victim Of Defamation?
If you believe you’re a victim of defamation, consider filing a Police report immediately. Provide sufficient evidence of the defamation. Strongly build your case. Gather materials that would lead the Police to investigate if there is an intentional act to tarnish your reputation.Alternatively, with an assisting lawyer, you may file a civil action against the person who made the defamatory remarks. The case may be resolved through Court arbitration, mediation, or an out-of-Court settlement.
Conclusion About Defamation Law In Singapore
The Singapore Defamation Law criminalises those sentenced guilty of the act. While acts and laws against defamation were promulgated more than five decades ago, newer doctrines have arisen to address modern gaps in the law. Traditional grounds for defamation may not suffice in a time when social media is one of the largest platforms for information exchange. With this in mind, people should exercise prudence with what they say and consume online.Have you been victimised by someone making defamatory comments about you? If you’re unable to protect yourself against the harm caused, consider seeking legal advice.
Our criminal lawyers here at The Singapore Lawyer can help you out. We can tailor fit legal advice and walk you through the litigation process. Contact us for a free 30-consultation or read more about our services here.
- https://www.straitstimes.com/singapore/courts-crime/man-ordered-to-pay-more-than-51k-for-defaming-car-workshop-on-facebook
- https://sg.news.yahoo.com/lee-hsien-yan-damages-defamation-singapore-ministers-ridout-road-003258300.html
- https://www.reuters.com/world/asia-pacific/singapore-pm-wins-more-defamation-suits-against-bloggers-2021-09-01/
2) Negligence
A person may rely on the area of tort law of known as negligence as a cause of action to take legal action against another party, if he has been victimised by the latter’s negligent (i.e. careless) behaviour. This is especially helpful if there was no contract between the victim (i.e. the “Claimant” or “Plaintiff” in the lawsuit) and the perpetrator (i.e. the “Defendant” in the lawsuit), such that the victim cannot rely on rights under contract law for compensation.The tort of negligence is a frequent tool relied upon to right a wrong. Negligent behaviour manifests in a great variety of circumstances, ranging from traffic transgressions and medical malpractice to property damage and unneighbourly misconduct.
3) Breach of Contract
What Is a Breach of Contract?
A breach of contract is a violation of any of the agreed-upon terms and conditions of a binding contract. The breach could be anything from a late payment to a more serious violation, such as the failure to deliver a promised asset.A contract is binding and will hold weight if taken to court. If it can be proved that a contract was breached, the remedy would generally be to give the victim what they were initially promised. A breach of contract is not considered a crime or even a tort, and punitive damages are rarely awarded for failing to perform promised obligations.
KEY TAKEAWAYS
A breach of contract occurs when one party in a binding agreement fails to deliver according to the terms of the agreement.A breach of contract can happen in both a written contract and an oral contract. The parties involved in a breach of contract may resolve the issue among themselves or in a court of law.
There are different types of contract breaches, including a minor or material breach and an actual or anticipatory breach. A breach of contract is not considered a crime or even tort and rarely results in extra monetary compensation.
Understanding a Breach of Contract
A breach of contract is when one party breaks the terms of an agreement between two or more parties. This includes when an obligation that is stated in the contract is not completed on time—for example, you are late with a rent payment—or when it is not fulfilled at all, such as a tenant vacating their apartment owing six months’ back rent.Sometimes the process for dealing with a breach of contract is written in the original contract. For example, a contract may state that, in the event of late payment, the offender must pay a $25 fee along with the missed payment. If the consequences for a specific violation are not included in the contract, then the parties involved may settle the situation among themselves, which could lead to a new contract, adjudication, or another type of resolution.
4) Property Damage
What Is Property Damage?
Property damage occurs when your property is destroyed or damaged. The property loses some of its monetary value and/or loses its functionality as a result of the injury it sustains. Property damage is different from bodily injury. Bodily injury occurs when you or someone else is physically hurt. Often, the same incident causes both physical injury and property damage. For example, a car accident could damage your vehicle and also cause you physical injuries.What Types of Property Can Be Damaged?
Any type of property could sustain damage. However, property can be broadly divided into two different categories: Real property: Real property refers to land and anything that is permanently attached to land. For example, the lot your home is built on, the house sitting on your land, your in-ground swimming pool and trees on your land are all considered real property. Personal property: Personal property refers to all other property. Essentially, anything that you take with you when you move homes would be considered personal property. This includes your clothing, jewelry, vehicles and electronic devices. Personal property is also called chatte Both real and personal property could potentially sustain property damage either due to natural causes such as an earthquake or due to the actions of people or companies.5) Injunctions
An injunction is a court-ordered remedy awarded to a claimant to restrain a defendant from doing an act. Injunctions are usually awarded where damages would be inadequate to compensate the claimant. For instance, where construction works in a neighbouring property damages an estate, the owner of the estate may wish to apply to the court for an injunction to stop the continuation of the construction.How to Obtain an Injunction
Where the matter is urgent, it may be possible to obtain an interim injunction within days. For matters requiring great emergency, the court can even hear the application on weekends and public holidays. Giving notice to the other party is generally necessary in an interim injunction application. In some cases, it may not be appropriate to do so (i.e. where time is of the essence, or where alerting the other party would defeat the purpose of the application). If so, an application may be made without giving notice, also known as ex parte.In contrast to an interim injunction application which is temporary in nature, the court can also grant a final injunction after a hearing process.
Because of the need to comply with the court rules and procedures, a lawyer should be engaged to act for the applicant of an injunction.
6) Breach of Duty
What Is a Duty of Care?
In general, a duty of care is a legal obligation one person owes to another to exercise reasonable caution when doing something that could foreseeably cause harm. The definition may seem simple enough, but in a negligence case, both “reasonable” and “foreseeable” can be important points of disagreement. There are many situations in which people have a duty of care. A doctor has a duty of care to meet the standard of care required by the patient’s condition. An accountant has a duty of care to prepare tax returns accurately. A store owner has a duty of care to clear ice off their sidewalk so patrons do not fall. A duty of care only exists when there is a relationship that warrants it. Your doctor has no duty of care to help you manage your finances. Your accountant has no duty of care to ensure you get treatment for your chronic illness.Relationship Between the Parties
A duty of care can arise because of a situation or because of a contract or statute. In general there are four situations where a duty of care exists: The defendant was involved in creating the risk which caused harm to the plaintiff. Example: A worker left a manhole cover off with no sign, causing the plaintiff to fall in the hole. The defendant volunteered to protect the plaintiff from harm. Example: A drunk volunteer firefighter drops the person they are carrying out of a burning building. The defendant knew or should have known that their actions would result in harm to the plaintiff. Example: The defendant drove without their lights on so a pedestrian did not see them and was hit. The plaintiff and defendant have a business relationship, such as innkeeper and guest, or they have a voluntary relationship, such as a person who invites the public onto their property.7) Conversion of Property
When someone takes your property for themselves or acts like something you own belongs to them. The outcome of this action, changing the value, attributes, or usability of the “converted” goods.The basics of conversion.
Conversion is a legal expression that describes a civil tort (when someone does something wrong, but criminal law is not broken) where one person “converts” another person’s property for themselves. Basically… stealing. Other ways to think about it? When someone pretends to own something that belongs to someone else. Or, when someone does something to property that changes its value that they don’t have the right to do because it isn’t there’s to change.What amounts to conversion?
Conversion can be committed in a variety of ways, including:- intentionally destroying goods;
- changing the nature of the goods (e.g. converting apple juice into cider);
- • taking possession of another person’s goods or making it impossible for a person to exercise their right to possession; (e.g. pawning a person’s jewellery);
- using a person’s goods without permission;
- unreasonably refusing to return goods after a demand;
- disposing of another person’s goods by selling or pledging them.
