"SECTION 7 DEFAMATION
Introduction
21.7.1 The objectives of the tort of defamation are, on the one hand, to protect personal reputation and, on the other, to ensure that the right of free speech and public communication are not unduly compromised. Within the tort of defamation, these competing interests and rights have to be judiciously balanced.
21.7.2 There are two forms of defamation: libel (words in permanent form) and slander (words in temporal or transient form). Libel is actionable per se without proof of special damage whilst slander would require such proof, unless specific common law and statutory exceptions apply. For example, special damage is not required to be proved in respect of words calculated to disparage the plaintiff in any office, profession, calling, trade or business held or carried on at the time of the publication (see section 5 of the Defamation Act).
21.7.3 Apart from the civil tort of defamation, section 499 of the Penal Code provides for the offence of criminal defamation. For the prosecution of such an offence, it must be shown that the accused made the publication with the intention to harm the reputation of the defamed person, or knows or has reason to believe that such harm would result. The focus of this section is, however, on the civil tort of defamation.
The Elements of the Cause of Action
21.7.4 The three main requirements for a cause of action under the tort of defamation are as follows:
(a) The statement must be defamatory in nature;
(b) The statement must refer to the plaintiff; and
(c) The statement must be published.
(a) Defamatory in Nature
21.7.5 A statement is defamatory in nature if it lowers the plaintiff in the estimation of right-thinking members of society or causes him or her to be shunned or avoided. This is based on the objective reasonable man test. The judge determines whether the test is satisfied in a particular case upon hearing the evidence adduced at the trial. There are no jury trials in Singapore.
21.7.6 In terms of construction, a statement may be defamatory in two ways: (i) via the natural and ordinary meaning of the words used or as may be reasonably inferred from the words; and (ii) by way of true or legal innuendo. True innuendo arises from words which appear innocuous, but may be understood to be disparaging of the plaintiff by third parties who have knowledge of special facts which are not generally known. To support a cause of action based on true innuendo, the plaintiff will have to plead those special facts known to such third parties to whom the statement has been published."