Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
plaintiff’s character and suggest that the plaintiff was, at the very least, involved
in serious and dishonest criminal activity (see also [29] above).
Whether the Defendant has Substantially Published or Republished the
Defamatory Words
32
There are two sub-issues that arise in relation to the question of whether
or not there has been substantial publication or republication by the defendant
of the defamatory words:
(a)
Whether the Post on Facebook amounts to publication of
defamatory material;
(b)
Whether hyperlinking to the Article amounts to publication of
defamatory material;
Both questions may be answered in the affirmative on the instant facts.
Publication
33
The plaintiff bases his claim on both the Post, and the Article that was
linked in the Post. As explained above, the Article was accessible through the
Post, by way of a hyperlink.
34
The defendant accepts that he is responsible for having published the
Post, though he contends that there has not been any “substantial” publication
as not many individuals accessed and read the Post.19 As for the Article, the
defendant’s position is that he is not responsible for its publication because there
is no evidence that anyone clicked on it as a result of his sharing the Post.20
19
DCS at [2(a)].
20
DCS at [2(b)].
18
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