Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
without more, that there had been publication to the extent which the plaintiff
asserted. Rather, the evidence, including that elicited through crossexamination, needs to be considered holistically.
105
In the circumstances, therefore, I find that the extent of the publication
of the Post (which I refer to in this context as incorporating the Article: see
above at [42]), would have been at most about 400 persons to whom the
defamatory words had been published. I emphasise that this figure refers
specifically to (a) users who were based in Singapore, (b) users to whom the
defamatory words had been published, meaning that they must have received
the information in such a way that it was understood (Qingdao Bohai at [35]),
and (c) users who received the information through, whether directly or
indirectly, the defendant’s acts.
106
How this figure of 400 is reached is as follows: At the very least, there
were 22 reactions, 5 comments, and 18 shares. The Post thus must have been
published to at least these 45 individuals, though it is unclear if all of them were
in Singapore, and it is further unclear whether the same person(s) may have
liked and shared the same post. Accounting for the defendant’s friends and
followers on Facebook, there were at least about 5,000 such Facebook users,
though again it is unclear (a) whether all of the accounts in that figure are based
out of Singapore, and (b) whether they would all have seen the Post on their
Facebook Newsfeeds in an intelligible form. The plaintiff indicates that about
2,060 of the defendant’s 5,000 Facebook friends and followers are based in
Singapore, and Dr Phan estimates that 10 to 20% of this figure would have
accessed the Post in an intelligible form. These figures of 10 to 20% are 200 to
400 users, and the figure of 400 is reached accordingly.
57
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