Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
allegations of corruption and criminal conduct are “very grave charges”,
especially when made against the Prime Minister of a country. Such allegations
are an “attack on the very core of [his] political credo” and erode his “moral
authority”. As I observed at [53] of my decision in SUM 428, these grave
allegations may mar the Prime Minister’s reputation even if they are published
to only a small number of individuals. In any event, publication in this case was
not only to a small number of individuals (see [92] to [106] below). I am
accordingly unconvinced that Jameel is applicable to the present facts.
72
The decision in Lait v Evening Standard [2011] 1 WLR 2973 (“Lait”)
was also referred to in argument before me, with the defendant arguing that it
illustrates that Jameel extends beyond any basis in the civil procedure rules and
is concerned with balancing the private right of reputation and the public interest
in freedom of expression. Support for this proposition is said to derive from [41]
and [45] of Lait:
41 … The principle identified in the Jameel case consists in the
need to put a stop to defamation proceedings that do not serve
the legitimate purpose of protecting the claimant’s reputation.
Such proceedings are an abuse of process. The focus in the
cases has been on the value of the claim to the claimant; but
the principle is not, in my judgment, to be categorised merely
as a variety of the de minimis rule tailored for defamation
actions. Its engine is not only the overriding objective of the Civil
Procedure Rules but also, in Lord Phillips MR’s words, the need
to keep “a proper balance between the article 10 right of
freedom of expression and the protection of individual
reputation”. This will especially be so where a defence of honest
comment is advanced by a responsible – I emphasise the
adjective – journalist … Accordingly the balance to be struck
between public interest and private right will be a material
consideration when the court has to consider the application of
the Jameel principle in a case where a responsible media
defendant pleads honest comment. This conclusion is I think
fortified by section 12(4)(a) of the Human Rights Act 1998 …
45 I do not consider that this approach … should be regarded
as a radical step. The balance to be struck between public
interest and private right is increasingly to be seen as a function
40
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents