What to do if you are sued for defamation online? A guide to public insult, defamation, and settlement/withdrawal of charges.

When you receive a notification from the police, do not rush to delete the post or apologize via private message.

Many people who are sued for defamation have the initial reaction, "I just left a comment, will it really be a big deal?" Especially a sentence on Dcard, PTT, Facebook, Instagram, Threads, Google comments, LINE groups or community groups, which may seem like just an emotional outburst at the time, can lead to a police station notification a few weeks later, with the charge being public insult, defamation or defamation.

At this point, the worst thing to do is immediately delete the post, change your account, ask friends to help clean up the comments, or send a message admitting "I was just hurling insults" before fully understanding the legal implications. Deleting the post doesn't mean the evidence is gone; the other party may have already taken screenshots, recorded videos, had them notarized, or backed up the webpage. An inappropriate apology can also be interpreted as an admission of a crime. A safer approach is to first preserve the complete conversation, confirm the time, platform, recipient, account identity, and context of the argument, and then determine whether it's closer to public insult or defamation, or still falls under the category of protected expression of opinion.

What's the difference between public insult and defamation? It's not just about whether or not profanity is used.

The most common types of defamation cases are public insult and libel. Both can occur in online comments, but the legal focus and handling strategies differ.

according toArticle 309 of the Criminal LawPublic insult refers to insulting another person in an abstract and degrading manner in a situation where it can be seen and heard by a large number of people or an unspecified group. Common examples include directly calling the other person "trash," "idiot," or "family of liars," or using extremely humiliating words to attack their character. The focus in these cases is usually not on whether the content is true or not, but on whether the statement is sufficient to damage the other person's social standing and whether it was done in a "public" manner at the time.

according toArticle 310 of the Criminal LawDefamation, on the other hand, involves the intent to disseminate specific facts that could damage another person's reputation. The key is that you're not simply using emotional abuse, but rather making others believe that the other person has done something negative. For example, saying a store "takes money but doesn't deliver," someone "commits adultery and fraud," a company "forges contracts," or an employee "steals customer information." If it's disseminated through text, images, posts, or screenshots, it may fall under the category of aggravated defamation.

Simply put, public insults lean towards "personal humiliation," while defamation leans towards "specific accusations." However, in practice, the two often overlap, as the same post may contain both insults and specific accusations. When you receive a notification, don't just look at the case details written by the police; you still need to go back to the actual post content and analyze it sentence by sentence.

Saying "I'm stating the facts" doesn't necessarily mean nothing will happen; the key is public interest and reasonable verification.

Many defendants say, "I'm telling the truth, so why am I being sued?" This statement is only half true.

The crime of defamation does indeed have a line between truth and public interest. Article 310, Paragraph 3 of the Criminal Law stipulates that if it can be proven that the defamed matter is true, no punishment will be imposed. However, if it only involves private morality and is unrelated to the public interest, it is not necessarily possible to claim exemption from liability.Article 311 of the Criminal LawIt also stipulates that opinions expressed in good faith and under certain circumstances, such as making appropriate comments on matters open to public scrutiny, may not be penalized.

Judicial YuanInterpretation No. 509Furthermore, it is pointed out that the perpetrator does not necessarily need to completely prove the absolute truth of their statements during litigation; if the evidence presented at the time is sufficient to establish that there is considerable reason to believe it is true, then they should not be easily punished for defamation. Constitutional Court112th year of the Constitutional Court, No. 8It also re-examines the boundary between defamation and freedom of speech and the right to reputation, reminding judicial practice that a reasonable balance must be struck between reputation protection and freedom of speech.

However, this doesn't mean that "believing it to be true" guarantees safety. The court will consider whether you verified the information, whether the source was reliable, whether you took things out of context, whether you used excessively abusive language, whether it involved public interest, and whether your expression exceeded what was necessary. Negative reviews are acceptable in consumer disputes, but directly presenting unconfirmed disputes as criminal facts could turn a simple commentary into a defamation case.

The notification period is only six months; delays could reduce the space for offense and defense.

Public insults and defamation are usually addressed through public complaint. According to...Article 314 of the Criminal LawThe offenses under Articles 309 and 310 require a complaint to be prosecuted; according toArticle 237 of the Criminal Procedure LawThe period for filing a complaint is, in principle, six months from the time the person filing the complaint becomes aware of the offender.

If you are a victim and discover online abuse or false accusations, don't just take a screenshot and leave it. You should save the URL, account name, posting time, complete comment string, viewing permissions, related private messages, clues to the perpetrator's identity, and information about the impact caused. If the perpetrator is using an anonymous account, you should also assess the situation as soon as possible to file a lawsuit and preserve data to avoid difficulties in retrieving platform records later.

If you are the defendant, don't ignore the case just because you think "the other party is probably just trying to scare me." The six-month statute of limitations is a restriction for victims to file a complaint, not a reason for you to ignore police notifications. Police interrogation records, statements made in investigative court, and settlement strategies often influence the prosecutor's final decision on whether to prosecute, not prosecute, deferred prosecution, or whether there is an opportunity to withdraw the complaint.

What should the police interrogation record say? Don't interpret emotions as an admission of guilt.

Police questioning in defamation cases may seem simple, but it's actually quite easy to run into problems. Police will often ask you if you posted the message, why you said it, whether you knew the other party would see it, and whether you have evidence to prove the content is true. Each of these questions can potentially involve elements of the crime and the perpetrator's intent.

A safer approach is to truthfully confirm the objective facts, but avoid using emotional language to amplify the admission. For example, you should specifically explain whether the account was used by the account holder, whether the comment was complete, whether the screenshot was cropped, whether the background of the post involves a long-standing dispute, whether there is any verification material, and whether the post was made in response to public discussion or to protect your own rights. If you are unsure, do not rush to explain with phrases like "I just want everyone to know he's terrible," as this could be used to prove an intent to spread rumors or an intention to insult.

If the case involves company reputation, medical disputes, renovation disputes, relationship conflicts, workplace gossip, or political and public issues, it is even more important to clearly organize the evidence and legal claims. The outcome of many cases does not depend on whether there are screenshots, but on whether one can demonstrate that the statement is an opinion, a reasonably verified statement of fact, or simply a personal attack.

Settlement, withdrawal of charges, and compensation: An apology does not necessarily mean the end.

Defamation cases often end in settlements, but the terms must be clearly stated. Victims may demand the removal of the posts, a public apology, compensation, a promise not to repeat the offense, withdrawal of criminal charges, and no further civil claims. Defendants, on the other hand, must confirm the payment date, the date of withdrawal of charges, the wording of the apology, confidentiality clauses, liability for breach of contract, and whether the posts are included on all platforms.

Withdrawing a criminal charge is crucial because public insult and defamation are typically cases that require a complaint to be filed. If both parties have reached an agreement, the withdrawal of the charge should be handled legally before the conclusion of the first instance oral arguments to avoid assuming that a private money transfer automatically closes the case. On the other hand, if the victim has already filed a separate civil claim, even if the criminal charge is withdrawn, it is necessary to confirm whether the civil portion has been resolved concurrently.

Regarding civil liability, in accordance withArticle 184 of the Civil CodeIntentionally or negligently infringing upon the rights of others may result in liability for damages; in accordance withArticle 195 of the Civil CodeIn cases of unlawful defamation, victims may also seek non-pecuniary damages and appropriate measures to restore their reputation. In other words, online comments may not only involve criminal issues but may also lead to subsequent disputes such as demands for compensation, apologies, or removal of search results.

Businesses, retailers, and professionals should pay close attention to Google reviews and leaked articles.

In recent years, many defamation cases have stemmed from negative consumer reviews, whistleblowing by former employees, industry competition, reviews of cosmetic clinics, disputes over tutoring centers, renovation controversies, and conflicts between landlords and tenants. The general public often assumes Google reviews are simply star ratings, but if the content involves specific crimes, professional ethics, financial matters, or allegations of private life, the risk is much higher than with a simple low rating.

When faced with negative reviews, businesses or stores are advised against immediately resorting to threatening lawyer's letters demanding the removal of the post. If the review has some basis in fact, an overly aggressive approach may provoke further backlash. A more feasible approach is to first distinguish whether the negative review pertains to matters open to public scrutiny, personal feelings, factual errors in a transaction, or clearly unfounded accusations, before deciding on actions such as platform reporting, evidence-based letters, civil claims, criminal complaints, or negotiating the removal of the post.

How Fidelity Law Firm Assists in Defamation Cases

Defamation cases may seem to involve small sums of money, but their impact on the parties involved is usually very direct. Defendants worry about their criminal records, job reviews, company image, and pressure from their families; victims, on the other hand, care about restoring their reputation, search results, client trust, and whether the other party will continue to spread defamatory information.

When handling such cases, Fidelity Law Firm will first examine the original message, the completeness of the screenshots, the platform's transparency, the background of the post, verification materials, and the relationship between the parties to determine whether the case is more suitable for pursuing a decision not to prosecute, settling a settlement and withdrawing the lawsuit, seeking civil damages, or requesting the removal of the post and restoration of reputation. If you have already received a notification from the police or are preparing to file a complaint, it is recommended that you organize your materials and consult a lawyer before your first statement to avoid an unprepared answer becoming major unfavorable evidence in subsequent investigations and litigation.

Frequently Asked Questions

Does online insulting always constitute public humiliation?

Not necessarily. The court will consider whether the message was posted in a place visible to the majority or an unspecified number of people, whether the content was degrading, and whether the context was merely an emotional dispute or still an acceptable expression of opinion. Private, one-on-one messages are generally less likely to meet the public disclosure requirement, but the risk increases significantly in groups, public posts, comment sections, or platforms accessible to multiple people.

Could I be sued for defamation just for reposting someone else's exposé?

Possibly. Defamation isn't just punishable by penalties for original posts; disseminating specific information that could damage someone's reputation can also be risky. If you repost without proper verification and add your own negative comments, tags, or suggestive text, the police and prosecutors may still believe you have the intent to spread defamation.

If someone insults me first, is it okay if I insult them back?

Not necessarily. While initial provocation can serve as background information and may influence liability assessments or settlement terms, it doesn't mean you can engage in unlimited insults or spread unverified negative information. A better approach is to save the content of the attack, respond with facts, and avoid using degrading or criminal accusations.

Is it always possible to withdraw a lawsuit after reaching a settlement for defamation?

Public insult and defamation are usually prosecuted through a formal complaint. A withdrawal of the complaint can be processed after the parties reach a settlement, but the timing of the withdrawal, the content of the withdrawal notice, and whether the civil claim is addressed together must be clearly stated. Do not simply agree verbally or transfer money without confirming the criminal and civil scope; otherwise, disputes may still arise later.

Do I need to consult a lawyer before receiving a notification from the police?

It is recommended to consult first. Statements in defamation cases can influence the direction of subsequent investigations, especially regarding whether the comments were made by the person in question, whether verification was conducted, whether the person's identity was known, and whether there was an intention to make multiple people aware of the information. These issues can all affect whether a crime has been committed. Organizing evidence and statements beforehand is usually more effective than trying to remedy the situation afterward.

Fuda Law Firm

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