Lee Hsien Loong v Leong Sze Hian [2021] SGHC 66 factor. Rather, the Court has to look at the reasons for this failure or refusal. On the instant facts, I accept that the defendant has failed to apologise, and that his removal of the defamatory material may have been animated in large part by the IMDA notice. I also accept that the defendant must have learned, at least over the disposal of SUM 428 and the substantive trial, that the content of the Article was false. No defence of justification was raised, and the defendant gave no evidence to the contrary to suggest that his refusal to apologise was animated by any other reason. The defendant might seek to argue that he had declined to apologise because he did not believe that the Post or Article was false or defamatory, but that appears very difficult to square with the fact that the Article made overt and grave allegations about the plaintiff, the truth of which the defendant did not seek to defend. Even a clarificatory message on the part of the defendant does not appear to have been contemplated. Accordingly, I accept that the defendant must have learned of the falsity of the defamatory words at some point over the course of proceedings, and that his continued refusal to apologise even thereafter can be a basis for granting aggravated damages. There is clear authority that aggravated damages may be awarded where the defendant refuses to apologise even after knowing of the falsity of the defamatory words: Lee Hsien Loong v Singapore Democratic Party and others and another suit [2009] 1 SLR(R) 642 at [120], [122] cf [215], Cheah Cheng Hoc & Ors v Liew Yew Tiam & Ors [2000] 6 MLJ 204 at 226I, and Doris Chia at [20.45]. 115 My analysis in the preceding paragraph, however, does not render irrelevant the fact that the defamatory Post has been removed from the defendant’s Facebook page, nor does it detract from the fact that the offending Post was only available on the said Facebook page for a relatively short period of time. Given all the circumstances, I am prepared to recognise that there was 62