Donald Low issues apology to Rahayu Mahzam after legal threat over Facebook post

On 19 October 2024, Donald Low, an academic and senior lecturer at the Hong Kong University of Science and Technology, issued a formal apology to Minister of State Rahayu Mahzam. This followed Rahayu’s public statement and legal threat concerning what she described as a defamatory social media post made by Low. In the Facebook post, dated 18 October 2024, Low had commented on the ongoing trial involving Workers' Party (WP) leader Pritam Singh. He expressed concerns about the Committee of Privileges (COP) proceedings, particularly in light of recent court testimony from Loh Pei Ying, a former WP cadre and witness in the COP's investigation into former Sengkang GRC MP Raeesah Khan. Low's post questioned the reliability of the COP's conclusions, particularly in light of Loh’s testimony about the redactions. His remarks suggested that the evidence on which the COP had based its findings could now be viewed differently. He stated in his post, “It looks like the COP got it wrong,” and commented on the involvement of a People's Action Party (PAP) MP in reviewing the messages submitted to the COP. In response, Rahayu Mahzam, who is the Minister of State for Digital Development and Information, and Health, posted on Facebook stating that Low’s allegations were false and defamatory. She wrote: "It has come to my attention that in a recent online post, a Mr Donald Low has made a serious allegation against me in relation to the COP proceedings involving Ms Raeesah Khan. The allegation is wholly untrue and appears to be defamatory. I am seeking legal advice and intend to take action." Rahayu, a member of the COP that investigated Raeesah Khan’s conduct in Parliament, made it clear that she was prepared to pursue legal recourse to address the matter. On 19 October 2024, Rahayu further responded to Low's post in a detailed Facebook post.

In her post, she addressed not only Low’s comments but also broader public reactions to the trial and the role of online discourse. She reiterated that Low’s statements were false and defamatory and announced her intention to seek legal recourse. "There have been several news reports and online comments made following Ms Loh Pei Ying’s account in Court of what happened during the COP proceedings. I am mindful that there is an ongoing trial in Court. I therefore need to be careful not to comment on matters which may affect the conduct of the trial," Rahayu wrote. She then directly addressed Low’s allegations: "Some statements were unfortunately made by Mr Donald Low which crossed the line and impugned my character and integrity. These statements were defamatory. I have sought legal advice and my lawyers have written to Mr Low for an apology and to state my position." Rahayu further explained that while she supports robust public debate, individuals must be held accountable for statements that damage others’ reputations. "I believe in robust discussions and exchanges of ideas. People are entitled to different views and they are entitled to ask questions, but they are not entitled to make baseless allegations. We need to be accountable for the statements we make. When false and defamatory statements are made, those affected are entitled to seek recourse." She also warned of the dangers of misinformation spreading quickly online, urging caution and responsibility in public discourse: "We need to voice out when we see or hear something wrong but do so in a constructive manner and not jump to conclusions. This is especially so, on online platforms, where a piece of information can go viral fast and people’s opinions are so quickly set by what they consume in the digital space. One comment, one statement, can impugn integrity, character and ruin reputations." Minutes after Rahayu’s post on 19 October, Donald Low responded with a formal public apology on his Facebook page, retracting his earlier comments. In his apology, Low wrote: "I, Donald Low, on or around 18 October 2024, made false allegations on my Facebook page in relation to Ms Rahayu Mahzam, Minister of State, Ministry of Digital Development and Information & Ministry of Health, that wrongly impugn her character and integrity. I undertake not to make any further statements on these matters, or to make any allegations to the same or similar effect, in any manner whatsoever."
 

Low had earlier made another post to apologise to the Court, stating, "I have taken down my offending Facebook post. I undertake not to publish any post or statement again to the same or similar effect." He acknowledged that his Facebook post on 18 October prejudged issues in the pending Court proceedings in Public Prosecutor v Pritam Singh (SC-902079-2024), and that such prejudgment prejudiced, interfered with, or posed a real risk of prejudice to or interference with the course of the pending Court proceedings. The controversy stems from the ongoing trial of Singh, who faces charges related to his testimony before the COP regarding whether he advised Khan to admit to fabricating a story she told in Parliament.

The COP’s findings were based, in part, on witness testimony, including that of Loh, who admitted in court to redacting parts of a WhatsApp message from WP member Yudhishthra Nathan before submitting it to the COP. This message discussed Khan’s earlier false statements in Parliament regarding a sexual assault case. Loh’s admission that she redacted a portion of Nathan’s message, which she felt “does not look good on him,” raised questions about the accuracy of the COP’s conclusions. In court, Loh also stated that both Rahayu and a senior parliamentary staff member had reviewed the messages before the redaction. Loh testified, 'The entire conversation was verified by a senior parliamentary staff and Rahayu Mahzam, who sat beside me and verified every message before it was redacted on my phone. They agreed it should be redacted.' She clarified, however, that the decision to redact the message was hers alone: "This redaction is mine," though she believed Rahayu was fully aware of the content of the message and the rationale for its redaction. While issuing the defamation claim against Low, Rahayu has not publicly addressed this specific claim made in court, perhaps in concern of sub judice.