Curtailing Free Expression, Opinion and Information Online in Southeast Asia
Case of The Online Citizen (ii)
In September 2019, Terry Xu was served with a writ by lawyers
representing Prime Minister Lee Hsien Loong commencing criminal
defamation proceedings against him for publishing an article on TOC
in August 2019 titled “PM Lee’s wife Ho Ching weirdly shares article on
cutting ties with family members”.190
The article had referred to a post made on Facebook by the Prime
Minister’s wife and reported on a public feud between members of the
Prime Minister’s family.
Prior to the commencement of the suit, the Press Secretary to the Prime
Minister had submitted a letter to Xu requesting that he remove the
article and a Facebook post including a link to the article, and publish “a
full and unconditional apology, plus an undertaking not to publish any
similar allegations, prominently on your website and on your Facebook
timeline”.191
The first pre-trial conference was held on 15 October.192
ii. Laws which aim to protect the reputation of the monarchy
Laws which aim to protect the reputation of the monarchy, particularly
through lèse majesté provisions, have also been wielded to control free
expression and information on online platforms. This section examines the
misuse of such laws in Thailand, Cambodia and Malaysia. Thailand provides
the most dramatic example of misuse to restrict free expression of opinions.
Similar legislation recently introduced in Cambodia was closely based on
the Thai model. Malaysia, in contrast, does not have lèse majesté laws per
se but have utilized laws restricting sedition to prosecute alleged critics of
the monarchy.
190 Louisa Tang, ‘TOC article ‘gravely injured’ PM Lee’s character and reputation, say lawyers seeking
aggravated damages in defamation suit’, Today Online, 6 September 2019, Available at:
https://www.todayonline.com/singapore/toc-article-gravely-injured-pm-lees-character-and-reputationsay-lawyers-seeking
191 The letter further argued that action by the Prime Minister was required to “rebut and deal publicly
with such scurrilous attacks on his integrity and character, if necessary through legal action”.
Kenneth Cheng, ‘PM Lee demands The Online Citizen take down allegedly defamatory article or
face legal action’, Today Online, 1 September 2019, Available at: https://www.todayonline.com/
singapore/pm-lee-demands-editor-online-citizen-remove-defamatory-article-or-face-legal-action
192 Coconuts Singapore, ‘The Online Citizen editor Terry Xu charged for defaming Cabinet of Singapore
members’, 12 December 2018, Available at: https://coconuts.co/singapore/news/online-citizeneditor-terry-xu-charged-defaming-cabinet-singapore-members/
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