# Hong Kong Defamation Law Explained

Hong Kong defamation law in plain terms: libel vs slander, what a claim needs, the defences, limitation, remedies and the online routes that exist.

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Hong Kong defamation law is a mix of a statute, the Defamation Ordinance (Cap. 21), and common law built up in court decisions. A claim generally needs a defamatory statement, communicated to someone other than the claimant, that refers to the claimant, and the defendant then has defences such as truth, fair comment, privilege and an offer of amends. This article is about Hong Kong only, and the rules of other places differ.

The Ordinance does not contain the whole law. The core of a claim (what makes words defamatory, what publication means) is common law, with the Ordinance adding specific rules on privilege, proof, apologies and offers of amends. If you are deciding whether a post, review or article about you is actionable, the useful question is rarely "is it rude" and almost always "is it a false statement of fact about me, and who can I realistically pursue."

One limit on sources comes first. The official legislation site, [e-Legislation](https://www.elegislation.gov.hk/hk/cap21), refused automated access, so the section texts below were read on a third-party mirror of Cap. 21 (version dated 3 March 2022), some only in part. Check the current wording of every section on e-Legislation before relying on it. This is information, not legal advice, and a Hong Kong lawyer decides what applies to your facts.

<div class="box"><b>The short version</b>
<ul><li>A claim needs a defamatory meaning, publication to at least one other person, and a reference to the claimant. Libel (permanent form) is actionable without proof of loss. Slander (spoken or transient) generally needs proof of loss, with named exceptions.</li><li>The main defences are justification (truth), fair comment, privilege, innocent dissemination, an offer of amends and an apology. Several of them only reduce damages rather than end the claim.</li><li>Secondary sources put the limitation period for defamation at six years from the date the cause of action accrued. A mirror of Cap. 347 section 4(1) sets six years for actions founded on tort. Confirm it on e-Legislation.</li><li>Online, you have three routes that can run side by side: a legal request to the platform or search engine, a letter to the poster, and a court claim. For personal data disclosure, the Privacy Commissioner has a separate route.</li></ul></div>

Three figures frame a Hong Kong claim, and each is attributed to the source that states it.

<figure class="keyfacts">
<div class="keyfacts-grid">
<div><b>Six years</b><span>limitation period for defamation, per law-firm guides and Cap. 347 section 4(1) for tort</span></div>
<div><b>HK$3 million</b><span>the compensation limit of the District Court, per the CLIC defamation page</span></div>
<div><b>Eight</b><span>defences listed by the CLIC defences page for a Hong Kong defamation claim</span></div>
</div>
<p class="fig-src">Sources: the Community Legal Information Centre (CLIC) pages on defamation, a law-firm guide, and a mirror of Cap. 347, as read for this guide.</p>
</figure>

## The Defamation Ordinance covers specific rules, and case law covers the rest

The Defamation Ordinance (Cap. 21) sets rules on particular points: when slander needs no proof of loss, how justification and fair comment operate when only part of a statement is proved, which reports are privileged, and how apologies and offers of amends work. It is not a code that defines defamation from scratch.

The rest is common law: what makes a statement defamatory, how a court reads its meaning, and what counts as publication. The Ordinance tells you what protections exist, and the case law tells you whether your facts reach the starting line.

## Libel and slander differ on proof of damage

Libel is defamatory matter in writing or another permanent form, and slander is defamatory matter spoken or in a transient form. CLIC says television and radio content is treated as libel because it is a permanent form of publication, and section 22 of the Ordinance says the broadcasting of words is treated as publication in permanent form.

The difference matters because of what the claimant must prove. Libel is actionable without proof of damage, so a claimant does not have to show a specific loss. Slander generally requires proof of loss, except in named categories. The CLIC guide lists four: an imputation of a criminal offence punishable by imprisonment, of a contagious or infectious disease, of unchastity or adultery, and of incompetence in office, profession, trade or business. Section 23 adds that for slander of words calculated to disparage a person in an office, profession, calling, trade or business they hold or carry on, special damage need not be alleged or proved.

Most online content sits on the libel side, because posts, reviews, articles and comments are in permanent form.

## The elements of a claim: meaning, publication and reference

A claimant generally has to show three things. The matter has a defamatory meaning, it was communicated to at least one other person, and it refers to the claimant. CLIC adds that any person who publishes defamatory matter may be liable.

### Defamatory meaning

Meaning is judged by how ordinary people would reasonably understand the words, including implications. CLIC describes words as defamatory if they tend to lower a person in the estimation of right-thinking members of society, make others shun them, expose them to hatred, contempt or ridicule, or demean them in their profession or business. A piece is read as a whole, not sentence by sentence, so a harsh line can be softened or sharpened by its context. CLIC adds that the defendant's intention to defame is not required.

### Publication

Publication means making the matter known to at least one other person, and it is not limited to print. Each repetition is a fresh publication, which is why sharing, reposting and re-quoting can create liability for the person who repeats, not only for the original author. Communication between spouses is not publication, according to the CLIC pages, and careless leaving of a letter where others can read it can still count.

### Reference to the claimant

The words must point to the claimant, by name or by description that readers would connect to them. Posts that avoid a name but use a job title or a photo cause the most argument.

One point we cannot state: whether Hong Kong requires the claimant to show that a statement caused or is likely to cause serious harm. None of the sources read for this guide (the CLIC pages, a law-firm guide and the Ordinance sections above) mention such a test, and we are not claiming one exists or does not exist. Ask counsel whether any threshold applies to your facts.

## The defences: truth, comment, privilege and the rest

The [CLIC defences page](https://clic.org.hk/en/topics/defamation/defence) lists eight defences: the words did not refer to the claimant, justification, fair comment, privilege, consent, offer of amends, innocent dissemination and apology. The last three are described there as defences that generally reduce damages once liability is admitted. The table sets out what each does and where it usually fails.

<div class="tablewrap"><table><thead><tr><th>Defence</th><th>What the defendant must show</th><th>Where it usually fails</th><th>Effect</th></tr></thead><tbody>
<tr><td><strong>Justification (truth)</strong></td><td>The sting of the statement is substantially true</td><td>The claim was true in outline but wrong on the damaging detail</td><td>Complete defence</td></tr>
<tr><td><strong>Fair comment</strong></td><td>An opinion, on facts about a matter of public interest, that a fair-minded person could honestly hold</td><td>The facts behind the opinion are not stated or not true, or malice is shown</td><td>Complete defence</td></tr>
<tr><td><strong>Absolute privilege</strong></td><td>The statement was made in a narrow protected setting, such as court or Legislative Council proceedings</td><td>The setting is outside the protected list</td><td>Complete defence</td></tr>
<tr><td><strong>Qualified privilege</strong></td><td>A duty or interest on both sides, or a fair and accurate report</td><td>Malice, or the statement went to people with no interest in it</td><td>Complete defence unless malice</td></tr>
<tr><td><strong>Innocent dissemination</strong></td><td>A distributor with no knowledge and no negligence</td><td>The distributor was told and did nothing</td><td>Defence for non-authors</td></tr>
<tr><td><strong>Offer of amends or apology</strong></td><td>A qualifying offer, correction or apology under the Ordinance</td><td>Offer made late, outside the section's formalities, or not sufficient</td><td>Bars or reduces the claim</td></tr>
</tbody></table></div>

### Justification

Justification means truth, judged on the meaning a reasonable reader would give the words, and truth in substance is enough. Section 26 of the Ordinance adds that where the words contain two or more distinct charges, the defence does not fail merely because the truth of every charge is not proved, if the words not proved true do not materially injure the claimant's reputation, having regard to the truth of the remaining charges. A mostly true article is not defeated by one wrong detail.

### Fair comment

Fair comment protects an opinion based on facts about a matter of public interest. CLIC asks whether a fair-minded person could honestly hold that opinion on the proved facts. Section 27 provides that, where words mix fact and opinion, the defence does not fail merely because the truth of every allegation of fact is not proved, provided the opinion is fair comment on the facts that are proved. One law-firm guide calls this defence "honest comment" (formerly fair comment); the Ordinance and CLIC use "fair comment". Counsel confirms the exact test.

### Privilege

Absolute privilege is narrow; CLIC lists Legislative Council proceedings, judicial proceedings and certain government officers acting in the course of duty. Qualified privilege covers statements made under a legal, social or moral duty to someone with a corresponding interest, and fair and accurate reports of certain proceedings. Section 13 gives privilege to a fair and accurate report, in a newspaper or broadcast, of proceedings publicly heard before a court, published at the same time as the proceedings. Section 14 and its Schedule cover listed newspaper statements, privileged unless published with malice, and section 14 does not protect matter that is not of public concern and not for the public benefit. Malice defeats qualified privilege. The same law-firm guide also lists a public-interest (responsible journalism) defence; we did not read its test.

### Innocent dissemination

This protects distributors with no knowledge of the content and no negligence in distributing it. For websites, a law-firm guide says it extends to internet service providers that promptly remove offending content once they are notified. The reverse is the risk: CLIC says a website operator may be treated as a publisher if it takes no action to remove defamatory material. That is why a clear, evidenced notice matters.

## An offer of amends or an apology can end or shrink a claim

Section 25 of the Ordinance ("Unintentional defamation") lets a person who says they published the words innocently make an offer of amends. Under subsection (1), if the offer is accepted and duly performed, the aggrieved party cannot bring or continue libel or slander proceedings against the offeror over that publication. If it is not accepted, it is a defence to prove that the words were published innocently in relation to the claimant and that the offer was made as soon as practicable after notice that the words were or might be defamatory, and has not been withdrawn. We read only subsection (1); the formal requirements that follow it were not read, so take them from the current text or counsel.

Other apology rules are narrower. Section 3 lets a defendant give evidence of an apology made before the action, or as soon as possible afterwards, in mitigation of damages, with written notice to the claimant. Section 4 deals with newspaper libel: a defence is available if the libel was published without actual malice or gross negligence and a full apology was printed, but it requires a payment into court, and a defence filed without it is a nullity.

The two readings differ slightly: CLIC says these defences generally only reduce damages after liability is admitted, while section 25(1) says an accepted and performed offer bars proceedings. An offer that skips the section's formalities may not protect the defendant, so reply through counsel.

## Limitation: six years, confirmed against a mirror of the statute only

Law-firm guides state that a defamation action must be brought within six years from the date the cause of action accrued, which they describe as the date of publication. Section 4(1)(a) of the Limitation Ordinance (Cap. 347), as reproduced on a legislation mirror, says actions founded on simple contract or on tort shall not be brought after six years from the date the cause of action accrued, and defamation is a tort. The official text was not read, nor any other subsection of section 4. Check the current Cap. 347 or ask counsel before relying on the six years.

Each repetition is a fresh publication, so a repost can carry its own date. The legal deadline is rarely the working one: evidence disappears and posts are edited.

The Privacy Commissioner route has its own timing. Two law-firm guides say complaints to the Privacy Commissioner under the Personal Data (Privacy) Ordinance (Cap. 486) must be made within two years of actual knowledge of the conduct. We did not read the Ordinance on that point.

## Remedies and courts: damages, injunctions and where to sue

Damages are the usual remedy. CLIC describes them as compensatory rather than punitive. Courts weigh the seriousness of the defamation, the claimant's financial loss, the extent of publication and mitigating factors. CLIC also describes aggravated damages and exemplary damages, the latter limited to oppressive acts by civil servants and conduct calculated to make a profit. The law-firm guide states that the amount of damages is not capped and is case-specific.

An injunction can stop further publication. The law-firm guide says it may be available where there is a real possibility the defendant will repeat the statement, and CLIC says an interim injunction may be granted pending trial when it appears just and convenient. The guide also reports a 21-day jail term for contempt of court where a defendant failed to take down defamatory material in breach of an injunction, so an order against online content can be enforced against the person who controls it. We have not read that judgment. Malicious falsehood is a separate claim requiring falsity, reference to the claimant, malice and financial loss.

For forum, CLIC says the District Court can award compensation of up to HK$3 million, and that a claim can also be brought in the High Court. CLIC cites section 33A of the High Court Ordinance (Cap. 4) for either party's right to apply for a jury in the High Court, which the court may refuse for trials needing prolonged examination of documents or accounts. We read neither section 33A nor the Judiciary's own pages, so check current court limits and procedure with a solicitor before choosing a court.

## Online posts, platforms and search engines

Online, the person who posted is the main defendant, the platform is a possible one, and a legal removal request is the fastest lever that does not need a court. According to CLIC, a person who reposts defamatory content publishes it again and may be liable, and a website operator may be treated as a publisher if it takes no action to remove defamatory material after being made aware of it. Our [removal service](/remove-negative-content) covers what can be taken down outside court.

[Google's legal removal help page](https://support.google.com/legal/troubleshooter/1114905) offers a defamation option: report content that defames you or your business or organization. The page says a separate report is needed for each Google product where the content appears, that legal standards vary by country or region, and that legal removals typically apply only where the content is deemed illegal. A separate "court order" option exists for content a court has determined is unlawful; the page does not say a court order is required to report defamation. We did not read Bing's or the social platforms' legal request pages, so check each platform's own current form before filing.

A removal request to a search engine hides a result from search. It does not delete the page, and the page can still be reached by its address. Removing the source page needs the publisher, the platform or a court order against the person who controls it.

### The Privacy Commissioner route

A different route exists when someone discloses your personal data without consent, as with doxxing. [A LegCo paper](https://www.legco.gov.hk/yr2022/english/panels/ca/papers/ca20220516cb4-361-3-e.pdf) read for this guide says the Personal Data (Privacy) (Amendment) Ordinance 2021 took effect on 8 October 2021, created new provisions in section 64(3A) and 64(3C) on disclosing personal data without consent, which it treats as doxxing offences, and gave the Commissioner powers to carry out criminal investigations and to serve cessation notices under section 66M on Hong Kong persons and on non-Hong Kong service providers. The paper reports that between 8 October and 31 December 2021 the Commissioner issued 227 cessation notices to 12 online platforms, asking them to remove 1,111 doxxing messages, and that around 80 percent of those messages were already removed. The paper gives that percentage, not a count, and the PCPD's own pages could not be opened. A false rumor with no personal data in it does not obviously fit this regime, and a post that does both may use both routes.

## Which route fits which situation

Pick the route from the facts: what the content says, where it sits, who controls it and what you need. Several can run in parallel.

<div class="tablewrap"><table><thead><tr><th>Situation</th><th>Route to weigh first</th><th>What it can do</th><th>Main limit</th></tr></thead><tbody>
<tr><td><strong>False statement of fact on a social platform</strong></td><td>Platform legal report plus a letter to the poster</td><td>Removal of the post, or a correction from the poster</td><td>Platform may require its own legal standard to be met</td></tr>
<tr><td><strong>False article on a news site</strong></td><td>Request to the publisher for correction, then offer-of-amends discussion</td><td>Correction, apology, update</td><td>Publisher may rely on truth, fair comment or privilege</td></tr>
<tr><td><strong>Result on Google or another search engine</strong></td><td>Search engine legal request, in addition to the source</td><td>Hides the result in the relevant country or region</td><td>The page itself stays online</td></tr>
<tr><td><strong>Anonymous poster, serious damage</strong></td><td>Counsel on court routes and an injunction</td><td>Orders against the account holder where identifiable</td><td>Cost, and identification of the person</td></tr>
<tr><td><strong>Home address or personal data posted</strong></td><td>PCPD complaint and platform report</td><td>Cessation notices and investigation</td><td>Applies to personal data disclosure, not to every false claim</td></tr>
<tr><td><strong>Opinion, review or criticism</strong></td><td>Reply publicly or ask for context</td><td>Limited: fair comment protects honest opinion</td><td>A claim may fail and draw more attention</td></tr>
</tbody></table></div>

A harsh review that states opinion on true facts is the case most likely to fail, and a threatening letter about it can produce a second story.

## A realistic timeline from first discovery to resolution

The steps below are experience-based, written as usual ranges. They are not promises, and a court timetable depends on the court and the facts.

<figure class="fig">
<figcaption><b>A usual sequence for a Hong Kong defamation problem</b></figcaption>
<ol class="fig-steps">
<li><b>Preserve the evidence, day 1 to 3</b>Capture the page with its address, date and time, and the account name. Do not reply publicly.</li>
<li><b>Decide the target, week 1</b>List who published, who hosts, and who can remove. Work out whether the content states fact, opinion or personal data.</li>
<li><b>Take legal advice, week 1 to 2</b>Ask a Hong Kong lawyer about meaning, defences, limitation, and whether a letter will help or inflame.</li>
<li><b>File platform and search requests, week 2</b>Use each platform's legal form. A response usually takes days to several weeks, and outcomes vary.</li>
<li><b>Send a letter before claim, week 2 to 4</b>If the publisher is identifiable, a letter seeking removal, correction and an apology often settles the matter without court.</li>
<li><b>Negotiate or issue proceedings, month 1 to 3</b>If the letter fails, counsel decides on a claim and any urgent injunction. A contested claim usually runs for many months to years.</li>
</ol>
</figure>

## The next step if you are dealing with this now

Separate three questions: is it a false statement of fact, who published and hosts it, and what outcome you want. A Hong Kong solicitor decides what is actionable. Reputation Partners helps with what happens in search results and AI answers while that legal work is going on.

<div class="box hot"><b>If this is happening to you now</b>
<p>Send us the links and a short timeline. We will tell you which results can be removed, which can only be corrected or outranked, and what to hand your lawyer. The private audit is the usual first step: <a href="/audit">request a private audit</a>.</p></div>

## Questions people ask

### Is it a crime to defame someone in Hong Kong?

Section 7 of the Ordinance concerns trials of an information for defamatory libel and says truth is not a defence there unless publication was for the public benefit. We did not read the criminal law beyond that. For most people, the practical route is a civil claim, so ask counsel before treating a statement as a criminal matter.

### Can I be sued for a review that is true?

Truth is a defence. The defendant has to prove the sting of the statement is substantially true, and under section 26 one unproved charge among several does not defeat the defence if it does not materially injure the claimant's reputation. Keep documents that back each factual claim, and avoid adding insinuations the documents do not support.

### Does sharing or retweeting a defamatory post create liability?

Each repetition is a fresh publication, according to the CLIC pages, so a person who shares a defamatory post may be liable for the sharing. Whether a particular share, like or link is actionable depends on the words and context. Remove a share once you learn it is false.

### Will an apology end the claim?

Not by itself. Under section 3 an apology can be given in evidence in mitigation of damages, and under section 25(1) an accepted and performed offer of amends bars the proceedings. A bare "sorry" outside a section 25 offer may only reduce damages.

### How long do I have to sue?

Law-firm guides say six years from publication, and Cap. 347 section 4(1)(a), read on a mirror, sets six years for actions founded on tort. The official text was not read, so confirm the period, and how it applies to reposts, with a Hong Kong lawyer. Act well before any deadline.