Hi, can I sue someone who posted I and family member (photo and words) on Facebook. He wrote we are cheater. And I have been suffered for one year plus. Police officer advised I go to file magistrates Complaint. Can I file as defamation? Is it under crime

Answer :

  • http://legalhelp.com.sg/cache/img/201301/no-image.76x72.crop.jpg


    answered on 05/08/2017

    flag as inappropriate

    Defamation is indeed a criminal offence under section 499 of the Penal Code, and the defamer can be prosecuted if it is shown that he intended, knew, or had reason to believe, that his words would harm the reputation of the victim. Additionally, defamation can also give rise to civil action under the tort of defamation and the Defamation Act. Where written words constitute libel, you may commence a civil lawsuit against the wrongdoer and pursue monetary compensation or an injunction. Depending on the circumstances, mediation, arbitration, or a private settlement outside of court may be recommended.

    Did you find this post useful? Please provide your feedback by clicking on the link above.


  • Defamation can be both a civil and criminal claim. Civil Claim: Assuming the facebook post is still present, you may go under the category of libel as it consists of words being in permanent form. It is actionable without having to prove special damage. In short, for a defamation claim to succeed, there are 3 requirements. Firstly, the statement has to be defamatory in nature, next, it must refer to you (and your family) and thirdly, it needs to be published. The first requirement would be the hardest to satisfy in your case and it depends on the specific words and photos that are used. The judge will assess all the objective evidence to determine if the words and photos resulted in you being lowered in the estimation of society or cause you to be shunned or ridiculed. Criminal Claim: It must be shown that the accused published the post with the intention to harm your reputation, or knows or has reason to believe that such harm would result LegalHelp 06/08/2017
  • Thanks for replied. Therefore, meaning to said that I can file for both crime and social at the same time? Alice121 06/08/2017