Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
on the instant facts through reposting and shares. On the instant facts, there had
been five comments, 18 shares, and 22 reactions. The defendant, as previously
noted, had 5,000 friends and 149 followers on his Facebook account. In my
view, even if there was some spread in proportion to these approximately 5,000
friends and followers, and there was downstream spread from them, even taking
in account the public privacy setting of the Post and the accelerated rate at which
fake news was said to spread, I still could not find that the evidence showed that
there such widespread distribution that would have approached anything like
figures of tens of thousands.
95
Dr Phan also referred to a study showing that false political news would
reach 20,000 persons three times faster than the time it took for other false news
to reach 10,000 persons.36 In addition, the plaintiff’s counsel pointed out that
this study had been cited by the Select Committee on Deliberate Online
Falsehoods in its Report dated 19 September 2018, and by Singapore’s Minister
for Education in the Parliamentary Debates on the POFMA.37 Be that as it may,
I was not convinced that this study was of direct help on the instant facts. It does
not prove anything in the case before me. Aside from that, this figure of 20,000
was only referred to in estimating or showing the speed with which fake political
news could spread, especially relative to other forms of fake news. It could not
be inferred, even on a prima facie standard, that this figure of 20,000 and/or the
rate of spreading was the reach of the Post and Article here. Thus, while I am
prepared to accept the proposition that fake political news may spread faster
than other forms of fake news, I did not see how this assisted my determination
on the reach of the present publications.
36
2 BA 402 at [32].
37
2 BA 403 at [33].
52
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