Housewife Ordered to Pay S$25,000 for Defaming Vegetable Company

A Singaporean housewife has been ordered to pay S$25,000 (approximately US$19,500) in damages for defaming a company that sells produce. The court’s judgment, made public on September 9, 2023, stemmed from comments made by Sophia Wu Chao Wen on her Facebook page regarding D’Season, a company that imports and distributes goods from Taiwan.

On March 13, 2022, Wu posted a critical review of the vegetables she purchased, claiming they were “poisonous” and “toxic.” Her statements suggested that D’Season was selling dangerous produce and misleading customers about the quality of their organic offerings. The company subsequently filed a lawsuit against her for the remarks, which the court deemed untrue and damaging to their reputation.

According to Darren Tan, deputy managing director of Invictus Law, certain conditions must be met for a statement to qualify as defamation. These include the statement being false, lowering the business’s standing in society, and exposing it to contempt or ridicule. In this case, Wu’s allegations about the vegetables were found to lack factual basis, as she did not substantiate her claims with evidence.

Understanding Defamation in Reviews

Defamation law encompasses more than just outright accusations. Tan explained that even if a company is not explicitly named, it can still be defamed through innuendo—where the context allows others to identify the business being criticized. In Wu’s case, her comments were considered damaging enough to warrant legal action despite not naming D’Season directly.

This incident follows a precedent set in another defamation case involving the Fineline group of interior design companies. The group successfully sued a couple for disparaging remarks made online regarding delays and defects in their renovation work. Although initially losing the case, Fineline won an appeal, with the court ruling that the couple’s statements were indeed defamatory, leading to a financial penalty.

Guidelines for Fair Reviews

Legal experts emphasize the importance of basing reviews on factual information to avoid defamation claims. P Sivakumar, director at BR Law Corporation, highlighted that truthful statements provide an absolute defense against defamation. For example, a customer who accurately reports that their meal was undercooked may express a valid opinion without facing legal repercussions, as long as they can substantiate their claims.

Conversely, leaving a negative review based solely on hearsay or without personal experience can lead to defamation liability. A statement claiming that a restaurant serves bad food when the individual has never dined there would not be protected under defamation laws. Additionally, comments made in private settings, such as restricted social media groups, are still considered published statements.

In 2022, a case involving On Site Car Accessories.SG further illustrates these principles. A man who accused the workshop of attempting to charge him for a warranty service was ordered to pay over S$51,000 in damages after the workshop successfully argued that his comments were defamatory.

Individuals considering posting negative reviews should remain cautious and focus on their personal experiences. Statements that reflect genuine opinions, like saying a restaurant is too dimly lit, may not be defamatory, provided they do not falsely suggest danger.

In Wu’s situation, her reliance on second-hand information to assert that the vegetables were “poisonous” ultimately proved detrimental. Legal experts advise that to avoid defamation, reviewers should refrain from using extreme language and ensure their comments are grounded in personal experience.

If a business opts to pursue legal action, as D’Season did with Wu, they may send a letter of demand requesting the removal of defamatory content and an apology. After receiving such a letter, individuals should carefully review their statements and assess whether they can substantiate their claims.

While defamation cases often lead to court proceedings, many disputes are resolved amicably outside of court. Tan noted that businesses typically seek the removal of negative posts and an apology, rather than lengthy legal battles that could escalate tensions.

Overall, as the landscape of online reviews continues to evolve, both consumers and businesses must navigate the fine line between honest feedback and potential defamation. Understanding the implications of their words can help individuals express their opinions without facing legal consequences while allowing businesses to protect their reputations.