Lee Hsien Loong v Leong Sze Hian
(g)
[2021] SGHC 66
The presence of malice.
The plaintiff argues that every one of these factors is relevant on the instant facts
in warranting a significant award of damages. The plaintiff also argues that
another consideration relevant to the determination of the quantum of general
damages is its intended deterrent effect: The Gleaner Co Ltd v Abrahams [2004]
1 AC 628 at [53], as approved at [8] of Lim Eng Hock Peter.
86
The defendant argues on the other hand that only nominal damages
should be awarded. The libel was not serious, less believable because it was on
social media, and did not originate from the defendant. Rather, it was only
shared by him. Moreover, mitigation occurred, which reduced any effect of the
defamatory words. It was also contended that there was very limited evidence
of publication of the Post and none of the Article. Even if there was any such
evidence, the defendant argued that the publication level was very low. It was
further said that no malice was made out, nor was it properly pleaded. In
addition, while the defendant did not apologise, he removed the post upon
receiving the IMDA notice, had not repeated the libels, and had not defended
the statements made as true.
87
While different cases were cited by the parties as authority, the specific
factors going towards quantum were not in dispute. Given my findings above
that the Post and Article were each published, and that the latter could in fact be
seen as part of the former (see above at [42]), the consequences of such
publication will be taken together.
The plaintiff’s reputation
88
In the present case, a particularly significant factor in determining the
precise quantum of damages is the effect of the defamatory words on the
48
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