Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
Reach of the publication
92
In determining the reach of the publication, the relevant evidence
includes many of the matters which have been considered in determining if there
has been publication and/or republication. The defendant has 5,000 friends and
149 followers on Facebook. These numbers do not seem to point to an
exceptionally substantial following, at least in comparison to others on social
media, and other types of social media such as YouTube, Twitter, Instagram, or
Tiktok. Though not adduced before me, I think I can take judicial notice that
follower numbers for various Singaporean personalities can number in the tens
of thousands, if not more.
93
Be that as it may, the plaintiff argued that there would have been a wide
reach for the defamatory material through the internet. However, there was no
direct evidence, whether in the form of view counters or metadata printouts, that
the Post and linked Article had a large circulation. Indeed, there was no evidence
that the post went viral, ie, accumulating several tens if not hundreds of
thousands of reactions, likes, and/or shares. What the plaintiff depended on to
establish the reach of the publication was the likelihood or probability of broad
circulation, based at least in part on (a) the number of followers and friends of
the defendant’s Facebook account, and (b) the number of persons who had
expressed their support or reaction to the Post. This turned in large part on the
expert provided by the plaintiff’s expert, Dr Phan.
94
Dr Phan’s evidence was that the reach of the Post could be exponential
because of the amplification of posts, especially of false news.35 However, Dr
Phan was unable to specify exactly how much publication would have occurred
35
Bundle of AEICs (“BA”) Vol 2 at 400 and 401.
51
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