Updated 22/4/13

Blogger files High Court application challenging govt stat board’s legitimacy to sue for defamation

Landmark case to protect Singaporeans from defamation lawsuits from public bodies

In the first case of its kind in Singapore, 21-year-old local blogger Han Hui Hui applies to the High Court for a declaration that the Council for Private Education (CPE), a statutory body under the Ministry of Education (MOE), is not entitled to bring any defamation action against her.

Her counsel, human rights lawyer M Ravi, is arguing that the freedom of speech and expression, enshrined in article 14 of the Singapore Constitution, protects citizens from any defamation proceedings by the government and public bodies. The right to sue for defamation is reserved only for individuals and private entities, and not public bodies.

The CPE had threatened Ms Han with defamation proceedings by way of letter of demand through their lawyers, Allen and Gledhill, following two emails they received from Ms Han, which they regarded as defamatory. Ms Han now seeks protection against this threat via the constitution and the ordinary laws of the land.

According to Ms Han’s affidavit, in 2010, she enrolled in a private education institute in Singapore. She chose the school primarily because of its low tuition fee. During the first day of school, she realised she was the only Singaporean and was shocked to see students smoking in the school premises. After attending the school for awhile, she felt that the school was not providing competent education. Lecturers were disinterested and the learning culture was substandard. In 2011, she tried to feedback to the school management but she was not taken seriously.

Being disappointed, she started to pen out her thoughts and opinions on her blog.

On 15 March 2013, she published a blog post mentioning that there should be measures taken to prevent foreigners getting their qualifications through private education institutes that are unethical. Her posting went viral on the Net.

On 4 April 2013, a TNP reporter who had been corresponding with Ms Han over the blog post, emailed her that the reporter spoke with a Mr Andy Ong from CPE. The reporter was under the impression Ms Han was from Kaplan and was having a dispute resolution with them. Ms Han, in her affidavit, said she was puzzled where the reporter got the idea from as it was untrue that she studied in Kaplan.

On 5 April 2013, Ms Han emailed Mr Ong of CPE to seek clarification. When CPE did not reply, she said that she sent two follow-up emails on 8th and 11th April. It was these emails that CPE took issue with. Ms Han admitted that the language she used “was somewhat clumsily worded”.

On 15 April 2013, Ms Han received a letter of demand from the CPE, stating that she had defamed CPE.

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Ms Han, therefore, wanted the High Court to:
– Declare that the Council for Private Education (CPE) being a public body does not have a right to sue or threaten to sue for defamation under common law and/or under Article 14 of the Constitution of the Republic of Singapore; 0 Restrain the Defendants (CPE) from commencing any defamation proceedings against the Plaintiff (Ms Han) on account of the above.

Ms Han’s application was filed on 19 Apr. A court date to appear in High Court will be obtained later. This is a constitutional landmark case in Singapore, which is of interests to Singaporeans especially to the bloggers and netizens as it will test if Singapore public bodies have the rights to sue individuals for defamation.

Read the FULL Article HERE from TREmeritus

So what happened at first?

The Short Summary:

1. A Blogger named Huihui posts some derogatory remarks on her blog about students from private school institutes e.g PSB and Kaplan as well as ‘foreign trash’ as quoted by her. Also claims that private institutes in Singapore are selling their degrees and giving out the exam questions and answers to the students before their exam  (and she has proof)
2. Student – Irwin defended the school, and suggested that what she is saying is untrue, etc and this should be taken to the authorities instead of her own hands and posting it online
3. Also assuming other people emailed her or something telling her that she has no proof etc
4. EDMW picks up on her blog and posts it in the forums and says that she is making groundless accusations and she has no evidence or proof to back up her words
5. Huihui unhappy with Irwin, haters, and the people at the EDMW forum proceeds to show her ‘proof’ and evidence by revealing 1 set of Kaplan exam papers questions and answers from 2011 online for download as well as lecturer emails
6. She just revealed another set of EASB exam papers
7. She is claiming that the private school institute exam papers were set and marked by her. Proceeds to show the marksheet online
8. – Updated 7/4/13: Not following the story anymore as I await to hear the real story from BOTH sides rather than just judging from one side –

The Long Summary (With Pictures):

Blogger – Huihui above posts some derogatory remarks on her blog about students from private school institutes e.g PSB and Kaplan as well as ‘foreign trash’ as quoted by her. Also claims that private institutes in Singapore are selling their degrees  and giving out the exam questions and answers to the students before their exam (and she has proof).

Seen below:

After she posted this, a former student – Irwin Koh Wei Jian defended the school, and suggested that what she is saying is untrue, etc and this should be taken to the authorities instead of her own hands and posting it online.

She was very unhappy about his comments I guess and so she even wrote a whole blog post dedicated to him and proceeded to do a few things – e.g digging out Edwin’s Facebook details like his family connections, etc and posted all his family member’s Facebook profiles on her blog. She also went to show the pictures of the people who supported Irwin.

Kaplan and PSB produce students who insult and threaten others with lawsuits.
(Title of her blog post)

But I guess she was pretty insulted about his comment that mentioned that he thought that she was anti-foreigner. So she also defended herself by writing this:

Moving on, last night, someone on EDMW forums stumbled onto this Huihui person’s blog and made a thread about it:

xmm accuse Kaplan,EASB,PSB for selling degree and give examinations hints

She then spotted it on EDMW, and coupled with all the negative stuff she has been receiving as seen here:

It’s like online, I see comments that I’m lying and then privately emailing me telling me to keep this under cover and not expose it? Although uploading the entire name list of lecturers, students and exam papers requires time, I’m willing. People can then see for themselves right?

– Quoted from her

As a results, she went on to post the following post as seen:

One of the many Kaplan’s examination papers questions and answers.

Anyway, I just want to end of f by saying I’m trying to sit on the fence here being neutral but I still feel that though the Internet allows you to enjoy freedom of speech online, there are still taboo subjects that shouldn’t be posted.

Regardless.. Hopefully the real truth will be revealed soon?
Until then, I won’t be updating here.

Till later,
♥ mitsueki