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02 Sep 2019  (2045 Views) 
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Out of the box


Hypothetical case of a suit for defamation
I was asked - Mr. Tan, if someone published a statement that you were a thief and you did not sue the author and later, another person published another statement using the fact in the first statement, can you sue the second person for defamation?

By not acting on the first statement, did you indirectly accept that the statement was true or that it was nonsensical and not worthy of legal action. If that is the case, do you forgo the right to take defamation action on the second statement?

If you were a politician, can the defendant argue that your action was "politically motivated" and that the statement did not really damage your reputation?

Here is my answer. 

I believe that my failure to act on the first statement will weigh strongly against my action on the second statement. 

I would probably be questioned on my lack on action on the first statement, and how my reputation has been damaged on the second statement. 

My possible arguments could be that the author of the first statement is of unsound mind, and that the general public would not give him the credibility. 

On the second statement, I could argue that the second statement was widely read by people who were not aware of the first statement, and led greater credibility to the statement.

I would probably find it difficult to convince the judge on the strength of my arguments. 

I would probably not take legal action on the second statement, except perhaps to send my statement to correct any wrong facts. 

If I continued the legal action, it can be argued that my action was politically motivated. Even if I win the case in court, I would find it difficult to convince the general public otherwise.

Tan Kin Lian 

Vote - do you agree with my approach?
 


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