On Site Car Accessories.SG v Tang: Defamation Claim over Facebook Post
In [2022] SGHC 243, the High Court of Singapore heard an appeal by On Site Car Accessories.SG (KEL Services) against Jerry Tang Mun Wah concerning a defamation claim. The appellant, a motor vehicle workshop, sued the respondent over a Facebook post regarding a car battery replacement service. The District Judge dismissed the claim, but Justice Kwek Mean Luck allowed the appeal, finding the post defamatory and rejecting the defenses of justification and fair comment. The court awarded the appellant $20,000 in general damages and ordered the respondent to remove the defamatory statements and issue an apology.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court allows appeal in defamation case, finding a Facebook post about car battery replacement service defamatory, reversing the lower court's decision.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| On Site Car Accessories.SG (KEL Services) | Appellant, Plaintiff | Partnership | Appeal Allowed | Won | Clarence Lun Yaodong, Cheston James Ow |
| Jerry Tang Mun Wah | Respondent, Defendant | Individual | Appeal Dismissed | Lost | Viveganandam Devaraj, M Nareindharan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kwek Mean Luck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Clarence Lun Yaodong | Fervent Chambers LLC |
| Cheston James Ow | Fervent Chambers LLC |
| Viveganandam Devaraj | Lion Chambers LLC |
| M Nareindharan | Lion Chambers LLC |
4. Facts
- The appellant provides motor vehicle workshop services.
- The respondent engaged the appellant to replace his car battery for $220.
- The appellant informed the respondent that the battery came with a 1-year warranty.
- The respondent later found issues with his car's audio system and roof lights.
- The respondent posted a Facebook post about his experience with the appellant's service.
- The appellant claimed the post was defamatory.
- The respondent refused to apologise or remove the post.
5. Formal Citations
- On Site Car Accessories.SG (KEL Services) v Tang Mun Wah Jerry, District Court Appeal No 14 of 2022, [2022] SGHC 243
6. Timeline
| Date | Event |
|---|---|
| Respondent contacted the appellant to replace his car battery. | |
| Respondent found issues with his car's audio system and roof lights. | |
| Respondent posted a Facebook Post titled “Bad experience and delay after service request”. | |
| Hearing Date | |
| Judgment Date |
7. Legal Issues
- Defamation
- Outcome: The court found that the Facebook post was defamatory.
- Category: Substantive
- Sub-Issues:
- Defamatory statements
- Justification
- Fair comment
- Related Cases:
- [2015] 2 SLR 751
- Justification
- Outcome: The court found that the defence of justification did not apply.
- Category: Substantive
- Fair Comment
- Outcome: The court found that the defence of fair comment did not apply.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
- Removal of Defamatory Statements
- Written Apology
- Injunction
9. Cause of Actions
- Defamation
10. Practice Areas
- Commercial Litigation
- Defamation Litigation
11. Industries
- Automotive
- Retail
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Golden Season Pte Ltd and others v Kairos Singapore Holdings Pte Ltd and another | High Court | Yes | [2015] 2 SLR 751 | Singapore | Cited for the principles on determining whether a statement is defamatory. |
| WBG Network (Singapore) Pte Ltd v Meridian Life International Pte Ltd and others | High Court | Yes | [2008] 4 SLR(R) 727 | Singapore | Cited for the test of whether words are defamatory in cases involving businesses. |
| Lee Hsien Loong v Xu Yuan Chen and another suit | High Court | Yes | [2022] 3 SLR 924 | Singapore | Cited for the principles on proving malice in defamation cases and assessing damages. |
| Lim Eng Hock Peter v Lin Jian Wei and another and another appeal | Court of Appeal | Yes | [2010] 4 SLR 357 | Singapore | Cited for the relevant factors in determining the quantum of general damages in defamation cases. |
| Yeow Khim Seng Mark v Phan Ying Sheng | High Court | Yes | [2021] SGHC 145 | Singapore | Cited to compare the extent of publication and harm to reputation in assessing damages. |
| Koh Sin Chong Freddie v Chan Cheng Wah Bernard and others and another appeal | Court of Appeal | Yes | [2013] 4 SLR 629 | Singapore | Cited for the principle that the number of members in a group alone is not determinative of the extensiveness of publication. |
| TJ System (S) Pte Ltd and Others v Ngow Kheong Shen (No 2) | High Court | Yes | [2003] SGHC 217 | Singapore | Cited to compare the seriousness of defamatory content in assessing damages. |
| ATU and others v ATY | High Court | Yes | [2015] 4 SLR 1159 | Singapore | Cited for the principle that aggravated damages are not applicable for corporate entities. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Defamatory statement
- Justification
- Fair comment
- Warranty
- Facebook post
- Car battery replacement
- On-site service
- Malice
15.2 Keywords
- defamation
- car battery
- warranty
- singapore
- high court
- appeal
16. Subjects
- Defamation
- Tort
- Social Media Law
17. Areas of Law
- Defamation Law
- Tort Law
- Civil Procedure