I have came across someone posting untrue things in the facebook about me and my company. What help can I get ?

Answer :

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    LegalHelp

    answered on 19/09/2017

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    One of the possible cause of actions would be defamation. However, this may depend on the facts of your case. For your reference, to establish prima facie case of defamation, following conditions must be met. 1. Statement must be defamatory in nature a. Objective test is applied. i. Court will see natural and ordinary meaning ii. It can be true or legal innuendo b. Statement tends to: i. Lower the claimant in estimation of right-thinking members of society, generally ii. Cause the claimant to be shunned or avoided iii. Expose claimant to hatred, contempt or ridicule 2. Statement must refer to the claimant a. Third party reasonably understands defamatory words to refer to the claimant i. claimant does not have to be mentioned in the statement as long as third party can reasonably refer to claimant. ii. Also mistake cannot be used as an excuse. E.g. newspaper wrongfully claiming that X has committed a crime while X is in fact not the one accused. iii. According to the Singapore court, defamatory words can refer to class of people as long as plaintiff can show that it refers to plaintiff). However, largeness of group may affect difficulty in pointing to the plaintiff 3. Statement must be published a. Communication to third party or parties i. Publication must occur in Singapore, and/or accessible in Singapore if in the case of Internet ii. If the website is blocked in Singapore by the Government, plaintiff may not be able to bring the action in Singapore iii. Publication requires that someone in Singapore actually have read it

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