Defamation and Slander
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Defamation and Slander
- FAQs
Hong Kong law does not have a separate statutory standard for public figures in defamation cases, but case law recognises that the limits of permissible criticism in public life are wider.
Key principles from Hong Kong defamation jurisprudence:
- Definition of Defamation applies equally to all — the plaintiff must prove the words lower their reputation in the eyes of reasonable members of society, cause others to shun them, or subject them to hatred, contempt, or ridicule.
- Public Figures (e.g., politicians, entertainers, business leaders) are considered to have voluntarily placed aspects of their lives into the public domain.
- Courts recognise that public figures may be subject to greater public scrutiny and robust criticism, especially where their conduct has excited public interest.
- However, criticism must still be factually accurate or fall within recognised defences (e.g., honest comment, qualified privilege). False factual allegations remain actionable.
Under the Limitation Ordinance (Cap. 347), the time limit for actions founded on tort — which includes defamation — is:
Section 4(1): "An action founded on tort shall not be brought after the expiration of 6 years from the date on which the cause of action accrued."
The cause of action accrues when the defamatory statement is first published to a third party. The day of publication is excluded from the calculation.
If a defamatory article is published on 1 January 2024, the plaintiff generally has until 1 January 2030 to commence proceedings, unless:
- The claim is barred earlier by other legal doctrines (e.g., laches, acquiescence).
- There is concealment or fraud, which may postpone the limitation period.
- For online publications, each new publication may give rise to a fresh cause of action (subject to the “single publication rule” debate, which Hong Kong has not codified).
Yes. Hong Kong courts can grant interlocutory (interim) or permanent injunctions to stop defamatory publications, but the threshold is high, especially before trial.
In defamation cases, the court applies the general principles for interlocutory injunctions from American Cyanamid, with special considerations due to the importance of freedom of speech .
Conditions for granting an interim injunction in defamation cases:
- The statement is unarguably defamatory.
- There are no grounds to conclude the statement may be true.
- No defence is likely to succeed.
- Evidence shows an intention to repeat or continue publishing the defamatory statement.
In Hong Kong, if a defamation claim is successful, the court may grant the following remedies:
1. Damages
- General Damages – Compensatory, awarded for harm to reputation, vindication of the plaintiff’s name, and distress/hurt caused.
Factors include: gravity of the libel/slander, extent of publication, defendant’s conduct, and refusal to apologise.
- Aggravated Damages – Additional compensation for injury to feelings caused by the defendant’s conduct (e.g., high‑handed behaviour, persistence in unfounded allegations, refusal to apologise).
- Special Damages – For specific proven financial loss (more common in slander).
- Punitive/Exemplary Damages – Rare; awarded to punish egregious conduct in exceptional cases.
2. Injunctions
- Interim Injunction – To restrain further publication before trial.
- Permanent Injunction – To prevent repetition of the defamatory statement after judgment.
3. Declaration
A formal statement by the court that the publication was defamatory and false.
4. Order for Apology or Retraction
While not automatic, a defendant may agree or be ordered to publish a correction/apology, especially under an accepted “offer of amends” procedure.
5. Costs
The losing party generally pays the winner’s legal costs, subject to the court’s discretion.
Yes. Under Hong Kong defamation principles:
- Publication means making the defamatory matter known to at least one other person by any means — including online posts, comments, videos, livestreams, and private messages if seen by a third party.
- If the statement is in a permanent form (e.g., written posts, recorded videos), it is treated as libel — actionable without proof of damage.
- If it is in a transient form (e.g., spoken words in a live audio stream without recording), it is treated as slander — requiring proof of damage unless it falls within recognised exceptions (criminal offence, contagious disease, unchastity/adultery, professional incompetence).
- The same three essential elements apply:
- Defamatory meaning
- Publication to a third party
- Reference to the plaintiff
Under Hong Kong law, the main defences to defamation include:
- Justification / Truth
If the statement is substantially true, it is a complete defence.
- Fair Comment
Protects opinions (not statements of fact) on matters of public interest, provided they are based on true facts and made without malice.
- Privilege
- Absolute Privilege – Complete protection regardless of motive, covering:
- Legislative Council proceedings and papers
- Judicial proceedings
- Statements by government officers in the course of duty
- Possibly communications between solicitors/barristers and clients
- Qualified Privilege – Protection for statements made pursuant to a legal, social, or moral duty to someone with a corresponding interest, or in protection of a common interest. Defeated by proof of malice.
- Leave and License / Volenti non fit injuria
Plaintiff consented to or acquiesced in the publication.
- Offer of Amends
Defence for innocent publication where the defendant offers a formal correction/apology and the plaintiff accepts.
- Innocent Dissemination
For distributors, wholesalers, newsagents, libraries, and similar parties who did not know and had no reason to know the material was defamatory.
- Apology
If made before legal action, without malice or gross negligence, it may mitigate damages.
Under Hong Kong defamation law, intention to defame is not a necessary element.
The decisive question is whether reasonable members of society would regard the words or conduct as defamatory — i.e., whether they would lower the plaintiff’s reputation, cause others to shun or avoid them, or subject them to hatred, contempt, or ridicule.
The defendant’s motive or state of mind may be relevant to aggravated damages or certain defences (e.g., malice defeating qualified privilege), but it is not required to establish liability.
Even if the defendant claims they did not mean to harm the plaintiff’s reputation, the court will focus on the natural and ordinary meaning of the words or conduct, and their effect on an ordinary reasonable person.
Under Hong Kong law, the essential elements of defamation are:
1. Defamatory Meaning
The statement must lower the plaintiff’s reputation in the eyes of reasonable members of society, cause others to shun or avoid them, or expose them to hatred, contempt, or ridicule.
2. Publication to a Third Party
The statement must be communicated to at least one person other than the plaintiff. “Publication” includes any means — spoken, written, online, or by conduct.
3. Reference to the Plaintiff
The statement must refer to the plaintiff directly or by implication, such that reasonable people would understand it to be about them.
Additional Considerations:
- For libel (permanent form), damage is presumed.
- For slander (transient form), actual damage must be proven unless it falls within specific exceptions (criminal offence, contagious disease, unchastity/adultery, professional incompetence).
- Intention to defame is not required — the effect on reputation is the determining factor.
- Context, time, place, and public opinion may affect whether the meaning is defamatory.
Both libel and slander are forms of defamation, but they differ primarily in form and legal consequences:
mation in Hong Kong refers to any written, spoken, or otherwise communicated statement (including acts or conduct) that damages another person’s reputation. To succeed in a defamation claim, the plaintiff must generally prove:
- The matter complained of has a defamatory meaning — it lowers the plaintiff’s reputation in the eyes of reasonable members of society, causes others to shun or avoid them, or subjects them to hatred, contempt, or ridicule.
- The statement was published — meaning it was conveyed to at least one third party.
- The statement refers to the plaintiff — either directly or by implication.
Defamation takes two main forms:
- Libel: Defamatory matter in writing or other permanent form (including recorded broadcasts). Libel is actionable per se, meaning damage is presumed.
- Slander: Defamatory matter in spoken or transient form. Slander generally requires proof of actual damage, except in certain serious categories (criminal offence, contagious disease, unchastity/adultery, professional incompetence).