Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
Singapore and Malaysia (LexisNexis, 2016) (“Doris Chia”) at [15.10]
and [15.11].
46
On the facts, it is uncontested that 45 persons responded to the Post
containing the link to the Article in the manner outlined at [45(a)] above. It is
similarly common ground that, at the material time, the defendant had about
5,000 Facebook friends, and 149 “followers”. Moreover, the privacy settings of
the Post had been set to “public”. Given this evidence, I consider it exceedingly
unlikely that it could seriously be the case that not a single person accessed the
Article through the link in the Post. To my mind, insisting on direct evidence of
such access is unrealistic, and does not reflect the simple truth of how hyperlinks
are used on the internet. In any event, the circumstantial evidence outlined here
does not need to give rise to an irresistible inference given the defendant’s
submission of no case to answer. All that is required is that the desired inference
is one of the possible inferences: Lena Leowardi at [24], Tan Juay Pah v Kimly
Construction Pte Ltd [2012] 2 SLR 549 at [37]. I am satisfied that, on the facts
outlined above, it is at least a possible inference that a third party had accessed
the Article through the link on the Post, and that there had thus been publication
of the Article.
47
In sum, there appears to me to be ample basis to find that both the Post
and the Article have been published. The question of whether there has been
substantial publication is considered more fully below from [92] to [106], where
I conclude that there has been publication to a sufficient number of persons in
Singapore to warrant substantial damages.
25
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