What Counts as Defamation in Hong Kong?
Under Hong Kong law, defamation is any false statement that damages a person’s reputation in the eyes of reasonable members of society. It is governed by the Defamation Ordinance (Cap. 21) and common law principles.
To sue successfully, you must prove three elements:
- The statement is defamatory — meaning it lowers your standing in society or causes others to think less of you.
- It was published to a third party — at least one other person saw or heard it.
- It refers to you — directly or indirectly, so that an ordinary person would understand the statement is about you.
Online posts (text, images, videos, memes, comments) typically fall into this category.
Why Online Posts Are Treated as Libel
Hong Kong distinguishes between:
- Libel – written or recorded statements in permanent form
- Slander – spoken statements in transient form
Since online messages remain stored and are retrievable, courts treat them as libel, which is actionable per se.
This means you do not need to show actual financial loss — the law presumes harm once defamation is established.
Can You Sue Someone for Posting an Untrue Message About You Online?
Yes — provided the statement meets the legal test.
However, the other party may rely on several defences:
- Truth / Justification – If the statement is true, it is a complete defence.
- Honest opinion / Fair comment – Applies to opinions (not facts) on matters of public interest.
- Qualified privilege – For statements made in good faith in a context where communication is justified (e.g., employment references, reporting misconduct).
If none of these defences apply, civil liability may arise.
How to Identify the Person Behind an Anonymous Post
Anonymous defamation is increasingly common on Reddit, LIHKG, Facebook pages, group chats, and private forums.
Common methods to identify the poster include:
(1) Platform Records
Many platforms store registration details, login IPs, or account activity logs.
(2) Contacting Website Operators
Hong Kong case law establishes that a website operator may be liable if:
- they are notified of defamatory content,
- they have the ability to remove it,
- but they fail to do so within a reasonable time.
Operators may also voluntarily provide identifying information.
(3) Court Disclosure Orders (Norwich Pharmacal Orders)
You may apply for a Norwich Pharmacal Order (“NPO”) requiring:
- Internet service providers (ISPs),
- Website operators,
- Social media platforms
to disclose account details, IP addresses, or relevant logs.
Courts grant NPOs where:
- wrongdoing is arguable,
- the respondent is involved (even innocently), and
- the information is necessary to identify the wrongdoer.
This is a powerful and common method to unmask anonymous posters in Hong Kong.
(4) Digital Investigation
Forensic experts can sometimes trace posts using:
- cross-platform usernames
- metadata
- linked accounts
- behavioural patterns
What If You Still Cannot Identify the Author?
You may still take meaningful steps:
- Send a takedown request citing defamation under Cap. 21
- Request urgent removal by providing evidence of harm
- Preserve all evidence (screenshots, URLs, timestamps, archive links)
- Demand an apology or retraction from the platform or intermediary
- Seek legal advice on alternative causes of action (e.g., harassment, malicious falsehood)
Practical Advice Before Filing a Lawsuit
Assess the Exposure
How widely was the post shared?
Defamation damages reflect:
- number of viewers,
- seriousness of the allegation,
- the platform used,
- whether the post went viral.
Consider Costs
Defamation proceedings are civil actions and:
- are often costly;
- Legal Aid in Hong Kong generally does not cover defamation claims;
- settlements and apologies are common alternatives.
Act Quickly
Online content spreads rapidly. Early steps include:
- sending a cease-and-desist letter,
- filing an “offer of amends”,
- requesting immediate removal.
Conclusion
If someone posts an untrue, harmful message about you online, Hong Kong law provides clear avenues to protect your reputation.
You may sue for defamation, request removal, identify the poster through court orders, and claim damages.
Given the complexity — especially with anonymous postings — obtaining professional legal guidance early is often the most effective approach.
Disclaimer: The above analysis is for reference only and does not constitute legal advice. If professional advice is needed, we can help match you with qualified Hong Kong lawyers based on your query. You can request a lawyer referral at https://ask.legal/contact-us
