Defamation – What can you post online?
Q: Recently, I have ordered something from an online seller. Unfortunately, it turned out that the actual product delivered to me was not the same as the one advertised by the seller. Consequently, I complained to the seller and requested for a refund. However, the seller responded to my request in an unreasonable manner. I felt cheated by the seller. Can I share my experience with the seller on social media such as Facebook and Twitter?
Yes, you are entitled to share your feelings with your friends on social media provided what you publish stays within the boundary of law. Be mindful and be truthful of what you publish online as you may get into legal trouble if your publication is factually untrue and unjustly damage someone’s reputation.
Q: Under what circumstances will my publication attract legal liability?
When your publication contains matters (or allegations) about the seller which are untrue, inaccurate, or misleading. The seller will have a cause of action for defamation against you if such untrue, inaccurate, or misleading allegations damage the seller’s reputation. Besides, you may get into legal trouble even when your publication is based on a mixture of facts and speculation. For example, your publication may contain a combination of fact (of not getting the real product from the seller) and speculation (such as when you suggest that the seller has been habitually engaging in deceptive trade practices). The second part of your publication, which is the speculation, may get you into trouble as such speculation is often not supported by actual knowledge / neutral evidence.
Q: What will happen if the seller decides to take legal action against me for my publication?
Typically, the seller will engage a lawyer to initiate legal proceedings against you. You can expect to receive a letter of demand from the seller’s lawyer. In the letter of demand, the lawyer will notify you of your publication (or a part of it) which the seller deems defamatory. Thereafter, the last part of the letter of demand will ask you to delete your posting and render an apology to the seller. It may also contain demand in the form of monetary compensation. Usually, you will be given a period of 7 days to 14 days to fulfill the seller’s demands in the letter. If you fail to do so, the seller may decide to file a civil suit and sue you in court. In such an event, you may need to immediately consult a lawyer to handle the matters.
Q: Can the seller win the case if he sues me in court?
Firstly, the seller must be able to show to the court that there was indeed a publication made by you against him and such publication (which is defamatory) is referring to him. On the other hand, you can invoke several legal principles to ask the court not to impose any liability on you. One of the most common ways is for you to show to the court that your publication was based on facts and it was made with the good intention of safeguarding the public interests. The judge will hear the stories from both sides and make a decision based on all the available evidence and legal principles.
Q: What is the worst-case scenario if I lose the case?
The court will make an order against you. Typically, this includes deleting your publication within a certain period, issuing an apology to the seller, undertaking not to repeat the publication, and finally, paying compensation to the seller. The amount of compensation may range from a nominal sum of RM10 to a huge sum of RM1,000,000 depending on the facts of the case. Having said that, you can instruct your lawyer to file an appeal against the decision of the judge if you believe the outcome should be decided differently.
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Disclaimer
Articles published in this website are for general informational purpose only and shall not constitute any form of legal advice to any specific case. Kindly contact us if you are currently experiencing a legal dilemma related to this topic and need further legal consultation.