False assumptions and information can have a negative impact on business. Individuals or companies can resolve defamation cases in Hong Kong b
y taking legal action.
A distinction is made between defamation cases in Hong Kong that have been published in print or exist in permanent form and those that have only been brought to the attention of the public verbally.
Plaintiffs can take legal action if the false or hurtful information has been released against them. One of the experts at our law firm in Hong Kong
that specialized in tort and civil law matters can help represent your best interests.
Elements of defamation
Defamation can be brought upon a company in Hong Kong or upon an individual. Two types of defamation are accepted: libel which is the publication of defamatory material in permanent form and slander which is a publication only in a temporary manner, for example verbally.
Defamation must be proved in relation to three defining elements:
- the actual existence of a defamatory statement;
- the statement has been made known to the public;
- the defamatory statement clearly refers to the claimant.
The Hong Kong court
that handles defamation cases is the District Court or the Court of First Instance of the High Court. In the first case, the compensations that can be awarded are limited to only 1 million HK$.
One of Hong Kong lawyers can help represent you in court.
Corporate defamation in Hong Kong
involving companies in Hong Kong will most often be treated as libel because the means of publication are permanent. A hypothetical situation could involve two types of companies
, out of which one makes a public statement in a daily newspaper or tabloid or uses its website to disclose certain information.
The course of action, in this case, would be for the plaintiff (the company that was accused of something) to claim that the accusation or statement has had a negative influence on its business reputation.
Compensatory damages are awarded in court in defamation cases. In some circumstances, exemplary damages can be used but only as a means for determining the defendant from engaging in such accusations in the future.