Statute Details
- Title: Defamation Act 1957
- Act Code: DA1957
- Type: Act of Parliament
- Current status (as provided): Current version as at 26 Mar 2026
- Revised editions noted in extract: 2020 Revised Edition (in operation from 31 Dec 2021)
- Key subject matter: Libel, slander and other malicious falsehoods (including procedural and substantive rules)
- Key sections (from extract): s 3 (broadcast statements), s 4–6 (slander categories and special damage), s 7 (unintentional defamation / offer of amends), s 8–10 (justification, fair comment, apology in mitigation), s 11–12 (reports and qualified privilege), s 13–14 (application to broadcasting and election privilege limits), s 15–16 (indemnity agreements and evidence of other damages), s 17–20 (consolidation and damages assessment), s 21 (savings)
What Is This Legislation About?
The Defamation Act 1957 is Singapore’s core statutory framework governing civil liability for defamatory statements—commonly understood as statements that harm a person’s reputation. While defamation law also draws on common law principles, the Act provides important statutory rules that shape how defamation claims are pleaded, proved, defended, and remedied.
In plain language, the Act addresses two broad concerns. First, it clarifies when and how certain kinds of statements are treated as “published” for defamation purposes—especially in modern contexts such as broadcasting and telecommunication. Second, it sets out defences and procedural mechanisms designed to balance reputational protection with freedom of expression, including protections for fair comment, justified statements, and certain reports and privileged communications.
The Act also deals with “slander” (defamation in spoken or transient form, traditionally requiring proof of special damage in many cases) and modifies that requirement in specified circumstances. It further introduces a statutory “offer of amends” mechanism for unintentional defamation, allowing a publisher to resolve claims more quickly and potentially avoid full litigation if appropriate corrective steps and apologies are made.
What Are the Key Provisions?
1. Publication through telecommunication (Section 3)
Section 3 is a foundational provision for modern media. It provides that, for the purposes of the law of libel and slander, “the broadcasting of words by means of telecommunication shall be treated as publication in a permanent form.” This matters because defamation categories historically distinguished between permanent publication (libel) and transient publication (slander). By deeming telecommunication broadcasting to be “permanent,” the Act ensures that broadcast content can be treated consistently with libel principles, affecting pleading strategy, limitation issues, and the availability of certain defences.
2. Special damage rules for slander (Sections 4–6)
Sections 4, 5 and 6 modify the traditional requirement to allege and prove “special damage” in slander claims. In general, special damage refers to specific financial loss caused by the defamatory statement. The Act reduces the claimant’s burden in particular categories:
- Section 4 (Slander of women): Words spoken and published imputing unchastity or adultery to any woman or girl do not require special damage to be actionable.
- Section 5 (Slander affecting official, professional or business reputation): In an action for slander where words disparage the claimant in an office, profession, calling, trade or business held or carried on by the claimant at the time of publication, it is not necessary to allege or prove special damage—whether or not the words were spoken “in the way” of the claimant’s business.
- Section 6 (Slander of title, goods, or other malicious falsehood): Special damage is not necessary where (a) the words are calculated to cause pecuniary damage and are published in writing or other permanent form, or (b) the words are calculated to cause pecuniary damage in respect of any office, profession, calling, trade or business held by the claimant at the time of publication. Section 3 is expressly applied for purposes of this section.
3. Unintentional defamation and the “offer of amends” (Section 7)
Section 7 is one of the most practitioner-relevant parts of the Act. It allows a person who has published defamatory words alleged to be defamatory to make an “offer of amends” if the publisher claims the words were published innocently in relation to the claimant. The section creates two pathways:
- If the offer is accepted: and the offer is duly performed, no proceedings for libel or slander shall be taken or continued by the claimant against the offeror in respect of the publication in question (while preserving any cause of action against any other person jointly responsible).
- If the offer is not accepted: the offeror may rely on the offer as a defence, provided the offeror can prove that the words were published innocently in relation to the claimant and that the offer was made as soon as practicable after receiving notice that the words were or might be defamatory, and that the offer has not been withdrawn.
Procedurally, an offer of amends must be expressed to be made for the purposes of Section 7 and must be accompanied by an affidavit specifying the facts relied upon to show innocent publication. For the defence, Section 7 limits admissible evidence: for the defence under the relevant subsection, no evidence other than evidence of facts specified in the affidavit may be used to prove innocent publication.
Substantively, the Act defines when words are treated as published “innocently” (the extract truncates the later portion, but the key idea is that the publisher must not have intended to publish of and concerning the claimant, or must not have known of circumstances by which the words might be understood to refer to the claimant or be defamatory, and must have exercised all reasonable care). The section also requires the offer to include, in general terms, a suitable correction and apology, and where copies of a document were distributed, reasonable steps to notify recipients.
4. Reports of judicial proceedings and qualified privilege (Sections 11–12)
Sections 11 and 12 provide statutory protections for certain publications. Section 11 allows a “fair and accurate and contemporaneous” report of proceedings publicly heard before any court to be treated as privileged. This is designed to facilitate public reporting of court matters without exposing publishers to defamation liability, provided the report meets the fairness, accuracy, and timeliness requirements.
Section 12 addresses “qualified privilege of newspapers” and is complemented by a schedule (as indicated in the extract) dealing with “Newspaper statements having qualified privilege.” Qualified privilege typically means that the publication is protected unless the claimant can show an abuse of the privilege (for example, publication with malice or beyond what is necessary). For practitioners, these provisions are often central to defending media organisations and journalists, especially where the publication concerns ongoing or concluded legal proceedings.
5. Election-related limitation of privilege (Section 14)
Section 14 limits privilege at elections. While the extract does not reproduce the full text, the heading indicates that even where a publication might otherwise be privileged, the Act imposes additional constraints in the election context. This is important for political speech and campaign communications, where defamation claims may arise from statements about candidates.
6. Apology in mitigation of damages (Section 10)
Section 10 provides for an apology to be considered in mitigation of damages. This is a practical tool: even where liability is established, a timely and genuine apology may reduce the damages awarded. For counsel, this section supports settlement strategies and can influence the quantum of damages, particularly where the defendant’s conduct after publication is relevant.
7. Consolidation and severance of defences (Sections 17–20)
The Act includes procedural mechanisms for efficiency and fairness. Section 17 provides for consolidation of actions for libel; Section 18 provides for separate assessment of damages in certain cases in actions for libel; Section 19 provides for “severance of defences” (i.e., separating defences among defendants); and Section 20 provides for consolidation of actions for slander, etc. These provisions matter when multiple claimants or multiple defendants are involved, such as in group publications, re-posting scenarios, or coordinated media campaigns.
8. Savings (Section 21)
Section 21 clarifies that the Act does not affect provisions of the Penal Code 1871 or any other written law relating to defamation or malicious falsehoods. This is a reminder that defamation can intersect with criminal and other statutory regimes, and counsel should consider whether parallel proceedings or other legal consequences may apply.
How Is This Legislation Structured?
The Act is structured as a sequence of substantive and procedural sections, beginning with definitions and moving through publication rules, categories of slander, defences and privileges, and then litigation management provisions. The extract shows:
- Sections 1–2: short title and interpretation (including definitions of “broadcasting by means of telecommunication,” “newspaper,” “telecommunication,” and “words”).
- Sections 3–6: publication treatment for broadcasting and special damage modifications for slander categories.
- Sections 7–10: unintentional defamation (offer of amends), justification, fair comment, and apology in mitigation.
- Sections 11–14: privileged reports (judicial proceedings), qualified privilege for newspapers, application to broadcasting, and election-related privilege limitations.
- Sections 15–20: indemnity agreements, evidence of other damages, consolidation and severance rules, and damages assessment.
- Section 21: savings.
- Schedule: newspaper statements having qualified privilege.
Who Does This Legislation Apply To?
The Act applies to persons who publish defamatory statements in Singapore, including publishers of written material, speakers, and broadcasters. The definitions in Section 2 indicate that “words” includes not only text but also pictures, visual images, gestures and other methods of signifying meaning—broadening the scope beyond conventional writing.
It also applies to media and communications platforms because Section 3 and the definition of “telecommunication” capture transmission, emission or reception of signs, signals, writings, images and sounds by radiowaves, wire, cable or other electromagnetic systems. In practice, this means that online and broadcast communications may be treated as “publication” under the Act, depending on how they are transmitted and received.
Why Is This Legislation Important?
The Defamation Act 1957 is important because it provides statutory certainty in areas where defamation law can otherwise be unpredictable. For practitioners, the Act’s provisions on publication (especially broadcasting), special damage requirements, and statutory defences/privileges are often decisive in early case assessment and in shaping pleadings and evidence.
Section 7’s offer of amends mechanism is particularly significant for risk management and dispute resolution. It offers a structured path for defendants who believe they published innocently or without intent to harm. If handled correctly—especially the affidavit requirements, timing, and the content of correction/apology steps—it can prevent litigation from escalating and can reduce exposure to damages.
Similarly, the statutory protections for fair and accurate reports of judicial proceedings and qualified privilege for newspapers support the public interest in open justice and responsible journalism. However, these protections are not absolute; they typically depend on compliance with statutory conditions (such as fairness, accuracy, contemporaneity, and absence of abuse of privilege). Counsel must therefore scrutinise the publication’s content and context.
Related Legislation
- Penal Code 1871 (criminal provisions preserved by Section 21 of the Defamation Act 1957)
- Other written laws relating to defamation or malicious falsehoods (as preserved by Section 21)
Source Documents
This article provides an overview of the Defamation Act 1957 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.