In our “askCA@Thursday” on 25 October 2012, we received a question, today we ANSWER:
Is it consider defamation if someone blog about their awful experience at a particular restaurant actually citing the restaurant’s name and location as well?
Dear Jacqueline Teo,

In order to determine whether there is a defamation case, there are three elements that we should consider.

Firstly, whether the statements/words bear the tendency of defamatory meaning. Secondly, whether the defamatory statements/words referred to the particular restaurant; and thirdly, whether those statements/words are published.

Here, the second and third elements are fulfilled as the blogger has published in his or her website, and also specifically citing the restaurant’s name and location.

However, in order to determine whether there is any defamatory statement or not, we would have to look and consider the actual wordings by the blogger.

In another way, “defamatory” would be determined by the test, ie: whether the statement made actually bring detrimental effect to the social standing or reputation of the particular person.

It is a question of facts which would be determined by the court of law.

Generally, a good defence is always justification objectively.