Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
In a response to questions posed during the passage of the Protection from
Online Falsehoods and Manipulation Bill, Minister for Law Mr K Shanmugam,
made the following observations:24
Ms Irene Quay asked about the relationship of this Bill with the
Defamation Act and the Internal Security Act.
The Defamation Act deals in the private law sphere, with
damage to reputation. For example, if someone says you are
corrupt, then if it is not true, you can sue to clear your name.
And many people will want to.
The Internal Security Act (“ISA”) deals with threats to national
security. This Bill deals with falsehoods, to mitigate the impact
and deter those who deliberately peddle in falsehoods, with [a]
specific framework that is different from ISA.
52
I note in addition that there is not a single provision of the POFMA
which expressly deals with defamation. Parliament also did not, even in light of
the POFMA, amend any provisions in the Defamation Act (Cap 75, 2014 Rev
Ed) or the provisions providing for criminal defamation at ss 499 to 502 of the
Penal Code (Cap 224, 2008 Rev Ed). Given such absence of any express
reference to defamation, or even to anything that could be construed as having
any such effect, it would be far too much for the Court to dramatically alter the
law of defamation in the manner sought by the plaintiff.
53
In any event, I note that the instant suit was commenced on 20
November 2018, while the POFMA was only passed on 8 May 2019. It is fairly
settled that legislation does not generally apply to actions which are pending at
the time the legislation comes into force unless the language of the legislation
compels the conclusion that Parliament intended that it should: Wilson and
others v Secretary of State for Trade and Industry [2004] 1 AC 816 at [198] and
24
Singapore Parliamentary Debates. Official Report (8 May 2019) vol 94, 8.01pm, per
Minister for Law Mr K Shanmugam.
28
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