Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
which is published in the academic community”, and that these figures were
“really a very conservative, a very lower bound”.47
100
The plaintiff argues that since 95% of all sample sizes fall within two
standard deviations, there was a 95% probability that the number of individuals
in Singapore for whom the Post would have been accessible would have been
at or higher than Dr Phan’s estimates.48 The source the plaintiff relies on for this
95% probability is from the website Investopedia.49 I am, however, not
persuaded that the conclusion the plaintiff invites me to draw is borne out on
the evidence. On the plaintiff’s case, assuming a normal distribution of data,
95% of the data value will fall within the two standard deviations of the mean
value. However, Dr Phan did not testify that the 10% and 20% figures he relied
on, of about 200 to 400, were at the tail of a normal distribution.
101
Additionally, Dr Phan’s evidence only went so far as stating that the
estimate he had reached was one or two standard deviations below what would
be estimated in the academic community, presumably by reference to the typical
reach of a published post or article. However, the role of this Court is not to
consider what might be the case in abstract – it still had to be established what
the actual reach of the Post was here.
102
Fundamentally, the estimate cited to me of over 2,000 individuals the
Post had been published to in Singapore seemed somewhat speculative. Dr Phan
testified that the posts would have appeared on newsfeeds of 6,600 users, but
this referred to Facebook users generally, not users who were specifically in
47
Transcript of 7 October 2020, Page 82, Line 21 to Page 83, Line 7.
48
PCS at [161].
49
Footnote No. 207 in PCS.
55
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