Judge dismisses defamation suit by three individuals against Calvin Cheng over vaccine misinformation remarks

A Singapore court has dismissed a defamation suit filed by three individuals against former Nominated MP Calvin Cheng, ruling that his Facebook comments criticising vaccine misinformation did not specifically identify them.

District Judge Chiah Kok Khun’s judgment, delivered on 3 December 2024, found the claims by Raymond Ng, Bevan Tey, and Chan Swee Cheong to lack a reasonable basis.

The case arose from a Facebook post by Cheng on 21 June 2024, in which he criticised figures spreading vaccine misinformation.

He explicitly named Iris Koh, Goh Meng Seng, and Brad Bowyer, referring to them and others as a “bunch of clowns” and accusing them of endangering lives by discouraging vaccination. Ng, Tey, and Chan, who were not named, claimed they were impliedly referenced, given their involvement in public discussions about vaccines.

Judge Chiah ruled that the language used in Cheng’s post, such as “bunch of clowns,” was too vague and undefined to reasonably identify the claimants.

He noted that defamation law requires claimants to prove that a reasonable third party could identify them from the allegedly defamatory statements.

The judge also highlighted the indeterminacy of the group in question, suggesting it could include thousands of individuals. He pointed out that the Healing the Divide Telegram channel, linked to Koh’s anti-vaccine advocacy, has over 4,000 subscribers and that Cheng’s remarks could plausibly apply to any number of individuals participating in the public discourse about vaccines.

The court also dismissed an interlocutory injunction filed by Ng, Tey, and Chan, along with Koh and Bowyer, seeking to compel Cheng to remove his comments and refrain from making similar statements.

Judge Chiah described the application as “wholly misconceived.” Cheng was awarded S$8,000 plus GST in costs for the failed injunction and an additional S$2,500 plus GST for successfully striking out the claims of Ng, Tey, and Chan.

Koh and Bowyer’s separate defamation lawsuits against Cheng remain active and are not affected by this judgment.

Both are seeking S$100,000 each in damages for alleged reputational harm and emotional distress.

Koh, founder of the anti-vaccine group Healing the Divide, is also facing 14 criminal charges, including criminal conspiracy and harassment. Her trial is set to begin on 16 December 2024. Bowyer, a former member of the Progress Singapore Party, has been a vocal participant in vaccine-related controversies.

Following the judgment, Cheng celebrated the decision in a Facebook post, describing it as a legal victory. He noted that the ruling affirmed his arguments, labelling the claims against him an abuse of the court process.

“This is what victory looks like. Not a settlement,” Cheng wrote, praising his legal team and pledging to pursue the awarded costs. In his post, he also added a pointed remark: “Lesson: do not take legal advice from Chat GPT.”

The claimants expressed disappointment in a public statement, explaining that they had not yet received the court’s full grounds of decision but expected to do so soon.

They noted that their injunction was intended to prevent Cheng from making further comments suggesting they were “killing people” and to compel him to remove prior remarks.

They added that they were disappointed the court did not agree with their arguments and would consider an appeal after reviewing the grounds of decision.

The claimants also criticised the court’s decision to strike out their claims, arguing that Cheng’s comments, while not explicitly naming them, referred to a broader group that included them.

“Based on the grounds of decision, we will consider an appeal. But the lawsuit between Iris Koh and Brad Bowyer vs Calvin Cheng will continue with the same gusto,” their statement concluded.

Separately, Iris Koh is said to be suing Dr Ben Leong, an Associate Professor of Computer Science at the National University of Singapore (NUS), after he disclosed on 16 November that he is facing an impending defamation lawsuit.

While Dr Leong refrained from revealing details to avoid influencing proceedings, Koh claimed in a TikTok post that she is suing him for a Facebook comment made in November 2021.

Koh alleged that Dr Leong’s post accused her “Healing the Divide” group of being a “domestic terrorist organisation.” Dr Leong has urged his friends and supporters to refrain from making public comments about the matter to avoid potential legal repercussions.