Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
in Singapore of false statements of fact, to suppress support for and counteract
the effects of such communication, to safeguard against the use of online
accounts for such communication and for information manipulation, to enable
measures to be taken to enhance transparency of online political advertisements,
and for related matters”. The purpose of the POFMA is thus to avoid or
minimise damage to the country and its people or public confidence in the
government and its agencies engendered by online falsehoods. However, the
POFMA does not provide individuals with any right or cause of action arising
from a false and defamatory allegation against them. This is a key distinction.
While the POFMA is aimed at online falsehoods which trigger questions of the
public interest, a defamation action is “fundamentally an action to vindicate a
person’s reputation on a matter as to which he has been falsely defamed”, and
the damages awarded in a defamation action “have to be regarded as the
demonstrative mark of that vindication”: Tang Liang Hong v Lee Kuan Yew and
another and other appeals [1997] 3 SLR(R) 576 at [128]. It bears particular
note that the POFMA does not introduce any causes of action for individuals.
Rather, it imposes criminal liability, which arises in the public sphere and which
is not a substitute for the tort of defamation, which operates in the private sphere.
I am guided by the observation of the Court of Appeal in ACB v Thomson
Medical Pte Ltd and others [2017] 1 SLR 918 at [185] that “a criminal
prosecution is, by design, a matter between the State and an accused person; it
is not a mechanism for victims to seek vindication of their private interests”.
The POFMA and the law of defamation thus serve markedly different ends, and
I am unable to accept the defendant’s suggestion that the latter has been
constrained by the former.
51
I am fortified in my conclusion on this point by the clear and
unequivocal observations made in the Parliamentary Debates on the POFMA.
27
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