What to Do If You’re Sued for Defamation in Hong Kong?

Question from jakov, What to Do If You’re Sued for Defamation in Hong Kong?

Answer from AI:

If you are concerned about potentially facing a defamation lawsuit in Hong Kong, it’s important to understand the basics of defamation law and the steps you can take to prepare for such a situation. Defamation involves the act of damaging someone’s reputation by making a false statement about them to a third party.

Understanding Defamation in Hong Kong

In Hong Kong, defamation can be classified as either libel or slander:

• Libel refers to defamation in a permanent form, such as written text or images.
• Slander refers to defamation in a transient form, such as spoken words or gestures.

The statement you mentioned, if proven to be made by you and to be false, could potentially be considered libel since it was in the form of a text message.

Legal Considerations

To establish a defamation claim in Hong Kong, the plaintiff must prove that:

1. The statement was defamatory.
2. The statement referred to the plaintiff.
3. The statement was published to a third party.

If a lawsuit is brought against you, the court will consider whether the statement was indeed defamatory and whether it caused damage to the plaintiff’s reputation.

Options and Steps to Take

If you receive a lawsuit for defamation, consider the following steps:

1. Do Not Ignore the Lawsuit: Ignoring legal documents or court notices can lead to a default judgment against you.
2. Seek Legal Advice: Consult with a lawyer who specializes in defamation law to understand your rights and options.
3. Review the Statement: Assess the text message you sent and gather any evidence that supports your position, such as the context in which the statement was made.
4. Consider Defenses: There are several defenses to defamation, including truth, fair comment, and privilege. Your lawyer can help determine if any apply to your case.
5. Respond to the Claim: With your lawyer’s assistance, prepare and file a formal response to the claim within the required time frame.
6. Settlement Negotiations: Sometimes, parties may choose to settle out of court to avoid the costs and risks associated with litigation.
7. Prepare for Court: If the case goes to court, work with your lawyer to prepare your defense, including gathering evidence and lining up witnesses.

Additional Considerations

It’s important to note that in Hong Kong, the Limitation Ordinance (Cap. 347) sets a time limit for bringing a defamation claim, which is generally three years from the date of publication of the defamatory statement.

Seeking Legal Advice

Defamation law can be complex, and the outcome of a case can depend on specific facts and evidence. It is crucial to seek personalized legal advice from a qualified professional who can guide you through the process and help protect your interests.

For more information on defamation law in Hong Kong, you can refer to the Hong Kong e-Legislation website for the relevant statutes and case law. Remember, this information is not a substitute for professional legal advice.