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Three months later I was summoned to appear before an Examining Magistrate in Paris based on a complaint of criminal defamation lodged by the author. Why Paris you might ask? Indeed. The author of the book was an Israeli academic. The book was in English. The publisher was Dutch. The reviewer was a distinguished German professor. The review was published on a New York website.

Beyond doubt, once a text or image go online, they become available worldwide, including France. But should that alone give jurisdiction to French courts in circumstances such as this? Does the fact that the author of the book, it turned out, retained her French nationality before going to live and work in Israel make a difference? Libel tourism – libel terrorism to some — is typically associated with London, where notorious high legal fees and punitive damages coerce many to throw in the towel even before going to trial. Paris, as we would expect, is more egalitarian and less materialist. It is very plaintiff friendly.

In France an attack on one’s honor is taken as seriously as a bodily attack. Substantively, if someone is defamed, the bad faith of the defamer is presumed just as in our system, if someone slaps you in the face, it will be assumed that he intended to do so. Procedurally it is open to anyone who feels defamed, to avoid the costly civil route, and simply lodge a criminal complaint.  At this point the machinery of the State swings into action. For the defendant it is not without cost, I discovered. Even if I win I will not recover my considerable legal expenses and conviction results in a fine the size of which may depend on one’s income (the egalitarian reflex at its best). But money is not the principal currency here. It is honor and shame. If I lose, I will stand convicted of a crime, branded a criminal. The complainant will not enjoy a windfall as in London, but considerable moral satisfaction. The chilling effect on book reviewing well beyond France will be considerable.

The case was otiose for two reasons: It was in our view an egregious instance of ‘forum shopping,’ legalese for libel tourism. We wanted it thrown out. But if successful, the Court would never get to the merits –  and it was important to challenge this hugely dangerous attack on academic freedom and liberty of expression. Reversing custom, we specifically asked the Court not to examine our jurisdictional challenge as a preliminary matter but to join it to the case on the merits so that it would have the possibility to pronounce on both issues.

The trial was impeccable by any standard with which I am familiar. The Court, comprised three judges specialized in defamation and the Public Prosecutor. Being a criminal case within the Inquisitorial System, the case began by my interrogation by the President of the Court. I was essentially asked to explain the reasons for refusing to remove the article. The President was patient with my French – fluent but bad!  I was then interrogated by the other judges, the Public Prosecutor and the lawyers for the complainant. The complainant was then subjected to the same procedure after which the lawyers made their (passionate) legal arguments. The Public Prosecutor then expressed her Opinion to the Court. I was allowed the last word. It was a strange mélange of the criminal and civil virtually unknown in the Common Law world. The procedure was less formal, aimed at establishing the truth, and far less hemmed down by rules of evidence and procedure. Due process was definitely served. It was a fair trial.

we steadfastly refused to engage the complainants challenges to the veracity of the critical statements made by the reviewer. The thrust of our argument was that absent bad faith and malice, so long as the review in question addressed the book and did not make false statement about the author such as plagiarism, it should be shielded from libel claims, let alone criminal libel. Sorting out of the truth should be left to academic discourse, even if academic discourse has its own biases and imperfections.

Can any Singaporean honestly say the she/he can conceive of a fellow Singaporean setting himself or herself on fire along Orchard Road or Shenton Way, as a result of desperate economic pressures or financial constraints? Can we even fathom the social and economic pressures that mobilized a whole people to protest and overthrow a corrupt, US-backed regime? (that is, not during elections time) Singapore has real problems, the People’s Action Party has its real problems, and there is indeed much room for improvement. Yet such irresponsible reporting by one of the esteemed newspapers from the UK is utterly disappointing, not constructive in the least sense, and utterly misrepresents our political situation (and may potentially provoke more irrationality in our society, leading people to ‘believe’ their affinity with their Arab peers which leads to more radicalism).

consistent with George's analysis, authorities last week relaxed past regulations that limited the use of the Internet and social media for election campaigning. Political parties and candidates will be allowed to use a broader range of new media platforms, including blogs, micro-blogs, online photo-sharing platforms, social networking sites and electronic media applications used on mobile phones, for election advertising. The loosening, however, only applies for political party-run websites, chat rooms and online discussion forums. Candidates must declare the new media content they intend to use within 12 hours after the start of the election campaign period. George warned in a recent blog entry that the new declaration requirements could open the way for PAP-led defamation suits against new media using opposition politicians. PAP leaders have historically relied on expensive litigation to suppress opposition and media criticism. "The PAP won't subject everyone's postings to legal scrutiny. But if it decides that a particular opposition politician needs to be utterly demolished, you can bet that no tweet of his would be too tiny, no Facebook update too fleeting ... in order a build the case against the individual," George warned in a journalism blog.

While opposition politicians will rely more on new than mainstream media to communicate with voters, they already recognize that the use of social media will not necessarily translate into votes. "[Online support] can give a too rosy a picture and false degree of comfort," said the RP's Jeyaretnam. "People who [interact with] us online are those who are already convinced with our messages anyway."

as for Tin Pei Ling, and those of you who feel sorry for her, perhaps you can take comfort in how all this will pan out – described so succintly by Martyn See: “I think it is okay to make fun of Tin Pei Ling. If we are a properly functioning democracy, she would’ve been torn asunder by comedians and caricaturists. But alas, we are not. In the end, she will stroll into her MP office, with make-up and handbags intact, and she’ll look back on this week as being the most trying period of her political career, and then she’ll have the last laugh, at your expense.”