Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
himself appears to have accepted that Parliament has struck the balance it
deemed fit between freedom of expression and the private right to reputation
following the passage of POFMA.25
57
I am therefore unable to accept that Art 14 of the Constitution
necessitates that I constrain the law of defamation in the defendant’s favour. I
note for completeness that the defendant has not sought to rely on Reynolds
privilege, as set out in Reynolds v Times Newspapers Ltd [2001] 2 AC 127, in
its submissions.
Whether the Defendant has Caused the Plaintiff Loss
58
The plaintiff argues that by virtue of the defendant’s substantial
publication and/or republication of the defamatory words, the plaintiff has been
gravely injured in his character and reputation, and has been brought into public
scandal, odium, and contempt.26 The plaintiff’s case is that it therefore follows
that loss was caused.
59
The defendant argues in response that (a) the Post and Article do not
bear the meaning contended by the plaintiff, (b) the Post and Article are not
defamatory, and (c) any damage to the plaintiff’s reputation has already been
vindicated and/or rebutted by a series of statements and articles from
government agencies and ministers refuting the allegedly defamatory
meaning.27
25
DCS at [112].
26
PCS at [219].
27
DCS at, inter alia¸ [37] and [102].
30
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