Hong Kong Defamation Laws: Civil & Criminal

Defamation in Hong Kong is primarily a civil matter, governed by the common law and the Defamation Ordinance (Cap. 21). A criminal libel offence exists under section 5 of the Ordinance, but it is rarely prosecuted, with the last reported criminal libel case dating to the 1970s.

What counts as defamation in Hong Kong

Defamation in Hong Kong is the publication of a statement to a third party that tends to lower the claimant in the estimation of right-thinking members of society, expose the person to hatred, ridicule or contempt, or cause others to shun or avoid them. The law divides defamation into two forms. Libel is defamation in permanent form, such as a written statement, a newspaper article, an audio recording, or a video clip. Slander is defamation in transient form, such as spoken words or gestures. Under section 23 of the Defamation Ordinance (Cap. 21), for libel the law presumes general damage, so the claimant need not prove actual financial loss, whereas for slander the claimant must usually prove actual damage, unless the words disparage the person in their office, profession, calling, trade, or business.

Civil liability for defamation

Civil defamation is the dominant route in Hong Kong, and claims are brought in the courts as ordinary civil actions. To establish a claim, a claimant generally must show that the statement was defamatory, that it referred to or identified the claimant, and that it was published to at least one other person. Once those elements are shown, the burden shifts to the defendant to establish a defence. Hong Kong follows the common-law position that a defamatory statement is presumed false, so the defendant bears the burden of proving truth. Companies as well as individuals can sue for defamation that harms their reputation. The combination of presumed falsity, presumed damage for libel, and the defendant's burden on truth makes Hong Kong a relatively claimant-friendly jurisdiction by international standards.

Criminal libel

Hong Kong does have a criminal libel offence, but it is rarely used. Section 5 of the Defamation Ordinance provides that any person who maliciously publishes a defamatory libel, knowing it to be false, is liable to imprisonment for up to 2 years and to a fine the court may award. Section 6 addresses the situation where a defamatory libel is published even if true, exposing a person to liability in narrower circumstances. In practice these provisions are almost never invoked; commentators note that the last reported local case in which libel featured as a crime dates to 1972, and there have been periodic calls to consider abolishing criminal libel. As a result, the realistic exposure for defamation in Hong Kong is overwhelmingly civil rather than criminal.

Watch out: Although criminal libel remains on the books, it is almost never prosecuted. Treat Hong Kong defamation exposure as a civil litigation risk first.

The defences

Hong Kong recognises the standard common-law and statutory defences. Justification, or truth, is a complete defence under section 26 of the Defamation Ordinance: a defendant who proves the statement is true or substantially true is not liable, even if some incidental detail is unproven, provided the unproven part does not materially injure reputation. Fair comment protects honest opinion on a matter of public interest, based on true or privileged facts, and is defeated by malice. Absolute privilege protects statements in judicial and legislative proceedings and fair, contemporaneous reports of public court proceedings. Qualified privilege protects statements made under a duty or interest, and reports recognised by the Ordinance, including the responsible-journalism public-interest defence, and is lost if the claimant proves malice. An innocent publisher may also rely on the offer of amends procedure under section 25.

Online defamation

The same civil principles apply to internet defamation in Hong Kong. A defamatory statement published online, such as a post on social media, a forum comment, a blog, or a review, can found a libel claim, and Hong Kong courts have accepted that a publisher can be liable in Hong Kong where the defamatory material is posted in or downloaded in Hong Kong. Because libel covers permanent forms, most online text and video is treated as libel rather than slander, which means general damage is presumed. Operators of websites and platforms may face liability as publishers in some circumstances, and may seek to rely on defences such as innocent dissemination where they did not know and had no reason to know of the defamatory content. Claimants frequently send a letter before action seeking removal and a correction before suing.

Remedies, damages and how to bring a claim

A defamation claim is brought as a civil action in the District Court or the Court of First Instance of the High Court, depending on the value and complexity of the claim. Remedies include general damages for injury to reputation and feelings, special damages for proven financial loss, aggravated or exemplary damages in appropriate cases, and an injunction to restrain repetition. There is no statutory cap on defamation damages; awards are assessed by the court. Watch out: the limitation period for libel or slander is generally 6 years from the date the cause of action accrued under section 4 of the Limitation Ordinance (Cap. 347), so a claim should be brought without undue delay. Many disputes settle after a letter of demand and an apology or correction.