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Former Law Society president advocates freedom of speech

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http://www.malaysiakini.com/news/138219

S'pore lawyer advocates freedom of speech

Christine Chan
Jul 24, 10

Singaporean lawyer Peter Low is calling for the island's courts to uphold freedom of speech, even as protecting the reputation of individuals is important.

The former president of the Singapore Law Society said this while he was in Malaysia for a two-day Media Legal Defence workshop.

"There is no such thing as 'you can say whatever you want'. But the court should allow for more freedom and political space," he told Malaysiakini.

Low (right), who had represented the Far Eastern Economic Review (FEER) in a three-year court battle with the Lee Kuan Yew and his son, said that it was unfortunate that the Singaporean court in handling the case chose not to allow for more political space as practiced by other Commonwealth countries like Canada, New Zealand, Hong Kong and even Brunei.

"When it comes to matters of public interest, courts outside of Singapore have taken a much different view and have allowed for some breathing space," he said.

Prime Minister Lee Hsien Loong and former premier Lee Kuan Yew had sued the magazine and its editor for libel over an article published in 2007, which criticised the government's handling of a pay and perks scandal by the country's largest charity.

No room for criticism

The Singapore government is known for its strict leash on media freedom.

Opposition leaders and international media organisations are often slapped with defamation suits and long court battles, which could result in bankruptcy.

As the defamation process can be an expensive affair, Low claimed that the courts are trying vigorously to advise parties to settle their disputes without dragging in the judiciary.

"Public figures should exercise more restraint in suing, because the effect is that people are less prepared to speak up for fear of a lawsuit. Political figures should be more tolerant of criticism," he said.

The lawyer with over thirty years' experience said that the biggest challenge in the FEER case was to engage other senior counsels to be on his defence team.

"I applied for the Queen's counsel twice and appealed, but both applications failed. It was a big case and not easily manageable by one person," he added.

Low added that reaction of the locals to the high profile defamation case was disappointing - most just followed and watched but were too afraid to speak up.

'Voice to the voiceless'

Another speaker, Singaporean lawyer Alfred Dodwell, voiced the need for a network of lawyers to focus on the defence of media freedom.

Dodwell (right), who is the Singapore representative of the newly-launched Southeast Asia Media Legal Defence Network, stressed that the organisation is not established to take on the government, but to educate young lawyers in media freedom and responsible reporting.

"It is our duty as lawyers to provide voice to the voiceless, and uphold freedom of expression," he said.

The group consisting of about eight lawyers and academics are working to build a team of lawyers who, equipped with the knowledge and tools, can provide support to the media.

"Our challenges are big when we started building this organisation, and it has not gotten smaller. That is why we are gathered here," he added.
 
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