A petition to modify the defamation law for Speakers' Corner.
We are happy that at last we have a speakers' corner at Hong Lim Park. But we are not happy because the civil and criminal law of defamation are daunting the speakers concerned. One may ask why the speaker should defame others.
It is not easy for the speakers at the Corner to know whether a statment he or she makes is defamatory.We have seen that a Judge after hearing a case will decide certain statement is defamatory but an appelate judge will decide otherwise.
In order to serve the purpose for which the corner is set up, some modification may be made to the defamation laws at least for the non political party speakers.
For example, Government may set up a Defamation Adjudication Commission out of bounds to lawyers who cannot appear on behalf of their clients.
A person who considers that he has been defamed by a speaker can compel the latter to appear before the Commision headed by a High Court Judge and two laymen to adjudciate wheter the statement complained of is defamatory and if the finding is in the affirmatory then it is final and not appealable.
In this event either the speaker concerned may tender an apology to the complainant without payment of any damages or challenge the complainant to sue him upon the ordinary law of defamation. When such a course is preferred both parties cannot use any evidence given by them before the Commissioin.
There will be clear cut deliberate defamation in which case the modification of law proposed shall not be applicable.
The Commission shall only charge a nominal fee of not more than $100.00
I submit my posting for the consideration of my fellow contributors whereupon I would submit the same to the Minister concerned.
