Defamation in Hong Kong is a somewhat special tort that deserves a separate category. 

 

Defamation occurs when false and damaging statements are published or communicated to third parties, damaging a person's reputation. Defamation can take the form of written statements (libel) or verbal statements (slander).

 

To prove defamation, the plaintiff must demonstrate the following:

- The statement has been published or communicated to third parties.

- The statement is defamatory.

- The statement relates to the complainant.

- The statement caused damage to the reputation of the complainant.

 

If a person believes they have been defamed in Hong Kong, they can file a defamation action in court. The general steps of the process are:

Before filing a defamation action, the complaining party must send a formal notice to the party allegedly responsible, requesting an apology and/or retraction.

If the allegedly responsible party refuses to respond satisfactorily to the demand letter, the complaining party may file an application in court for relief.

The defamation trial involves the presentation of evidence and arguments in court. Witnesses may be called to testify, and lawyers for both sides present their arguments.

The court will make a decision on the case based on the evidence and arguments presented. If defamation is proven, the court may award damages to the complaining party and order corrective action, such as a public apology or injunctive reliefs.

 

There are certain defences to defamation that may be asserted by the allegedly responsible party, including: Truth, Consent, Privilege etc.

 

As a barrister, Romain Pierre Levaire can offer legal assistance in defamation matters in Hong Kong, for example in matters of legal advice, assessment of the case, out-of-court negotiations and resolutions, representation in court.

 

Here are some tips to avoid committing defamation in Hong Kong:

Verify your sources, remain objective, avoid over-generalisations, respect privacy, be careful in your criticism: If you want to criticise or express your displeasure with a person or company, be sure to do so in a constructive and cautious manner. Avoid defamatory personal attacks.

 

If you have any doubts about the defamatory nature of your statements or if you are faced with a difficult situation, it is best to consult a lawyer specialising in defamation law. Professional legal advice can help you navigate the legal boundaries of free speech and avoid potential defamation issues.