Tan Kin Lian's Blog: Suing for defamatory remarks

Sunday, October 19, 2008

Suing for defamatory remarks

From www.theonlinecitizen.com

Even though Singapore is set to become a more open society in the future, the government is making no apologies when it comes to suing politicians for defamatory remarks, said Dr Vivian Balakrishnan, Minister for Community Development, Youth and Sports.

Speaking to the The Online Citizen (TOC) after the Kent Ridge Ministerial Forum held yesterday at the National University of Singapore (NUS), Dr Balakrishnan added that the government takes attacks on accuracy and integrity very seriously, because “establishing a high trust environment” is an advantage that gives Singapore an edge in a competitive global economy.

He said: “We don’t mind political openness, but we don’t want too much of the excitement. To the outsider, when they look at Singapore, they know that politics here is serious, it’s accurate, it’s real and accountable. It’s not a situation you get in other countries. We’re an outlier, but we are outlying because we want to keep our politics honest.”

MY COMMENT
When I announced that I would be speaking on the minibond issue at Speaker’s Corner (Hong Lim Green), a friend (who previously contested in the election under the Workers’ Party) sent an e-mail to me from Hong Kong. He advised me to be careful and not be say anything that is defamatory that could get me sued to bankrupcy.

He quoted incidences of candidates that were sued for statements that appear to be questioning something that is wrong. A few other people, including a lawyer, also warned me to “be careful”.
If I listened to their advice, I would not be saying anything. It is so dangerous to speak in Singapore. People are so fearful of saying something that can lead to being sued, even if they do not have any bad intent.

I had to look for someone to interprete my speech into Chinese. I asked many people to come forward. Some agreed first, and later declined. They cited “pressure from family members”. It was so diffiicult to get someone, even to interprete for me.

Is this the kind of society that our minister is so proud about? A society where people are fearful to speak up, in case they make a slip and get be sued till bankrupt? We should be ashamed of this sad state of affairs in Singapore.

23 comments:

Anonymous said...: Mr. Tan,

cannot say anything else except respect.
wish you all the best.; October 19, 2008 3:44 PM
Ikrak said...: And why the hell do you people out there vote these people government?

If you think that you are "fearful to speak up" for fear of being sued upside down and you don't want this kind of government, then vote them out.

The trouble is at the end of every five years you voted them into government and then you complaint that "we should be ashamed of this sad state of affairs in Singapore".

Look Kin Lian, you cannot have the cake and eat it. That is the reality of living as a citizen in Singapore.

In the meantime please stop this kind of criticism because in the first place you put them into government.; October 19, 2008 3:51 PM
Anonymous said...: Mr. Tan,
Just focus on the structured product issue at the moment and leave politics to another day.

You are well respected by all.; October 19, 2008 4:08 PM
C H Yak said...: I wrote an email to Today freesheet to express open support for your action. See if they publish it tomorrow.

Well done.

I am not an affected investor.; October 19, 2008 4:12 PM
Anonymous said...: Dear Sir.

I have to admit, I am afraid. Like many others in Singapore, I believe that I have too much to lose, that by speaking up, I will lose more than I gain.

I do know that we cannot remain like that, but still I am afraid. I am brought up in the climate of fear here in Singapore. Perhaps we haven't suffered enough. To many of us, there's more to lose by speaking than not speaking. But I still do not dare to do so.

You are a fearless person Sir, a true, selfless Singaporean who dared to be different. Perhaps the day will come, where Singaporeans are no longer afraid to speak out for their freedom, for what they believe, and for others who need help. When that day come, please be around to lead us. I longed for that day to come. When there are more leaders like you, rest assure that closet patroits like myself will dare to come out from hiding to join people like you.

I will like to dedicate this writing to you from Pastor Martin Niemöller.

"In Germany, they came first for the Communists, And I didn’t speak up because I wasn’t a Communist;

And then they came for the trade unionists, And I didn’t speak up because I wasn’t a trade unionist;

And then they came for the Jews, And I didn’t speak up because I wasn’t a Jew;

And then . . . they came for me . . . And by that time there was no one left to speak up."; October 19, 2008 4:19 PM
Anonymous said...: i hope it is not rule of terror
when the atmosphere smells of fear.; October 19, 2008 4:34 PM
Anonymous said...: This is one of the greater threats to Singapore's future - an environment of fear that transpires into apathy and social rift.

Singapore has a bright future following its remaking over the last five years. Much of the hardware has been upgraded. It follows to see if the software/heartware has been similarly upgraded.; October 19, 2008 4:41 PM
Everlearning said...: What our society has become to this state is due to this pursuit of MATERIALISM at all EXPENSE.

This is just the beginning of things that are revealing the real state of our society. Maybe, the worse is yet to be!

I am least proud of being a Singaporean in the 21st Century because moral value is not highly- esteemed. "Might is Right!", "Might is Right"... When you play a different tune, you need to "be careful"!; October 19, 2008 6:07 PM
Everlearning said...: Talking of defamation suit is necessary my opinion differs.

To me, what have this achieved thus far, but caused bankruptcy and lives destroyed. These people are sons and daughters of this land and are they to be treated in this manner.

I plead with the authority to look into this matter deeper if you want a society to be wholesome or gracious! It has to start with you first!!!!!; October 19, 2008 6:28 PM
Anonymous said...: hi mr tan

my respect to you for standing up for the common people esp the old folks. my old age mom is also one of those gullible folks "conned" by the aggressive sales tactics of the banks out of her substantial retirement funds.
however, please still be careful as politics are just what they are - dirty. there is no such thing as fair play or fairness in this world. singapore is taking baby steps in the right direction. just remember the mr brown bak chor mee incident. do be careful not to push the wrong government buttons, that's all.
sporeans inertia is because they understand and will weigh pros/cons before taking any actions. many people will put their family first, so unless the situation is say, as bad as myanmar, sporeans will always be careful.
just stick to your financial expertise to help sporeans. people have eyes to see, they will know what they should do, when the elections come.; October 19, 2008 6:32 PM
SingaSoft said...: This comment has been removed by a blog administrator.; October 19, 2008 6:36 PM
Tan Kin Lian said...: Some people think that this is a political statement.

I want people to know the difficulties that I have to go through in voicing the complaints of the victims:

> getting people to help me to interpret my speech into Chinese

> enduring personal attacks by people like SiewKhim posting in their names and posting anonymously

> cynical remarks questioning my motive

I am encouraged by the support of the majority of the affected people. I also welcome the support of the people who are not affected, but are lending a hand.

I hope that we can overcome the climate of fear.; October 19, 2008 6:56 PM
Anonymous said...: Dear Mr Tan

Your action speaks louder than words...admire your leadership and character to act promptly when the mini bonds issue affected so many.

I am disappointed MAS or any government officials did not issue any public assurance to pacify the people affected any earlier. Can imagine the mental distress the minibonds holder must have felt.

I sincerely recommend the officials or mp or whoever not publicise in the media their intention to help the needy in the near future as it sounds very ironic. Referals are alway more trusted than publicity.

Lastly appreciate your spouse and family too. They would have to be very understanding to share your precious time with so many...; October 19, 2008 7:04 PM
Anonymous said...: Signaporeans have been brought up in a "fearful" environment by the authorities, and they don't know their rights as citizens. This is one of the methods the authorities use to stay in absolute power.

Vote ? What vote ? I didn't get a chance to vote because of GRC. This was created to prevent citizens from voting in the elections, another method to stay in absolute power.; October 19, 2008 7:39 PM
Anonymous said...: How not to expect this this kind of environment since the government of the day through its various policies constantly exalts the philosophy of every man for himself - welfare being a dirty word in their vocabulary - Here more than in any other country I dare say, the public has to carry the burden of charity because if the government were to do so it would in their own words "undermine the work ethic of the nation".; October 19, 2008 9:08 PM
Anonymous said...: It is a disappointment though reality that one could face defamation suit when he is commanding the respect and having a crowd rallying behind him. The fear is mutual. Having said that, let's focus on the mis-selling and state the truth where defamation stands groundless. Mr Tan, you 've not only the 10,000 misled investors but their family and friends supporting you too.; October 19, 2008 10:16 PM
Anonymous said...: Yeah they will be watching you. And honestly they will try to dig up alot of dirt from NTUC days (if any), and if none, they will squeezt something out.. if only to discredit you.

You will be surprised... everyone will forget when elections come again, and you will be sweeped away into the history books.

I hate this pragmatic, selfish and fearful society we live in.... its good for foreigners only.; October 19, 2008 10:53 PM
Anonymous said...: The investors will thank you for doing this. They need a brave man to speak up for them.

Sorry I can't be seen in public, saying things against the government (MAS and DBS) coz got family and aging parents to look after. I will never know years down the road whether they will use the footage (seen on TV, photos) against me, especially if I need to find a job with government.

Call me kiasi, but no choice lah, singapore is like that. look what they did to opposition party members for some "innocent" or "off the cuff" statements. I don't have a lot of money to fight legal cases .

You are a carefree man, your children all grown up, you got money, nothing to worry about. You will be ok.; October 20, 2008 12:48 AM
Betsybug said...: BE TRUTHFUL, NOT FEARFUL
========================

I don't see anything untoward with Dr Balakrishnan's comment/opinion to The Online Citizen. He argues for a calm, accountable and high-trust environment in Singapore. Nothing wrong with that. In fact, if you think about it, these are the exact attributes that should help us seek redress in our case with the banks. If the FIs are made to be accountable for their ill-advised sales technique/process, isn't that we want?

Mr Tan is providing valuable leadership in this matter when all of us seem to be headless chickens running from pillar to post over our predicament. So, I am thankful for what he is doing and especially so when I understand he has no personal funds at stake since he has not invested in these toxic products.

Mr Tan's friend who advised him comes from the political arena, and so I can understand why he said to be careful. However, IMO the situation is not exactly translatable here - our investments are commercial transactions, between banks and customers. Singapore's very economic lifeblood depends on similar transactions each and every day.

There has now been allegations of mis-selling and mis-representations on the part of the banks. As long as we keep our demands for remedial actions, whether individually or collectively at an apolitical level, why should there be anything to fear?

If you were robbed on the street one dark night, do you fear to report to the police. The robber should be the one who should be fearful, not you!

We are the aggrieved parties in the current situation. Like Mr Tan said on Saturday, just state our own case honestly and in a straightforward manner. There is no need to politicise the situation. Neither is there a necessity to fling untruths and half-truths about - it may help you to rant and beat your chest, but why run the risk of legal action.

The important thing is, when the need arises, we must speak up. The simple inescapable fact is that if we do not, then we cannot complain that the remedies we sought are not given us.; October 20, 2008 1:38 AM
Alan Wong said...: I really think the PAP leaders have a lot to be fearful if the people are not fearful. Hence these defamation suits are meant to serve their own interests.

All these talk about integrity are just bullshit. For one, do you really think these foreign investors will be turned away if our PM's family is like Chen Shui Bian's one. What matters most to them is the bottomline returns to their investments.

Who will give a shit whether LKY is corrupt or not. It's all make up to frighten the common people from speaking up or from becoming too anti-establishment, not unlike the way our infamous TT Durai used to try cow his critics into silence by way of legal suits.; October 20, 2008 8:59 PM
Anonymous said...: I understand that in Singapore when an average student says that he scores 9 distinctions in his O-Level examination (in actual fact he did) and you say "I don't believe you" in front of others you can be sued for defamation. He would win the case and be awarded damages. Such is the defamation law in Singapore.

So one must be very careful when speaking in Singapore if one does not want to be bankrupted.; October 21, 2008 12:00 AM
Kaffein said...: To answer Betsybug:

For Vivian to say that - you accept as his opinion and view.

For CSJ to say that - you call it defamatory remarks.

Who is correct?

Look, I'm no advocating that a person should make false accusations. By that I mean, let the people decide who is telling the truth.

All PAP need to do is to stand against CSJ in a political debate with facts and figures of our CPF and investments, and move away from CSJ's claim that the process is akin to NKF/Durai.

Then let the people decide who the dork politician is.

But then they have to sue... so that incite a curious self-investigation by the public that perhaps there could be more than it meets the eye. Perhaps hidden stuff that is not made public.

Anyway to quote a minister when asked about our CPF linkage to GIC. He first said "No" and then retracted his statement by saying that actually it is not that simple.

So... that leaves a lot to imagination, yes?

Well, it is not the first time. Just recent Mas Selamat's escape report leaves me with mind-boggling questions. What about the electricity hikes? Just stumped.

Well, I'll leave you to stand on the side of what Vivian had said. Subtle, yet direct with this meaning that you'll pay dearly if you mess with me.

Kaffein; October 21, 2008 10:34 AM
Smile said...: Hi Mr Tan, thank you for having a voice.
Understand you may have difficulties in voicing out, we appreciate it but do let us focus on the financial front and leave the politics to the politicians.
Puzzled why this thread was started in the first place?; October 22, 2008 6:30 PM

Sunday, October 19, 2008

Suing for defamatory remarks

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