Filing baseless claims to extort a settlement counts as contempt of court: MinLaw

A Ministry of Law spokesperson clarified on Nov. 21 that those who abuse court processes, particularly with the goal of oppressing the opponent and extorting a settlement, will be held in contempt of court.

Those found guilty face a fine of up to S$100,000 or jail for up to three years, depending on where the the court proceedings are held.

The ministry was responding to queries about a defamation lawsuit that has been filed against an associate professor from the National University of Singapore (NUS).

Anti-vaccine group founder Iris Koh announced on TikTok on Nov. 15 that she would be suing associate professor Ben Leong for defamation over a 2021 Facebook post that he made about her group, Healing the Divide.

The next day, Leong confirmed on Facebook that he was facing an impending defamation suit. He also said that he wasn't the only one being sued.

The use of defamation lawfare

On Nov. 19, Leong put up post on Medium explaining how a defamation lawsuit can be (mis)used to wear down the other party or force them to seek a settlement. This is known as defamation lawfare.

Lawfare is not uncommon.

Earlier this month, Parliament heard this phenomenon has been observed both here in Singapore and overseas. The government has also amended the Administration of Justice (Protection) Act to make it an offence to abuse court processes.

Filing a baseless claim for the purpose of extorting a settlement isn't the only example of legal proceedings can be abused.

Other examples include filing a fictitious claim to delay criminal proceedings, persistently commencing legal action, and making applications that are groundless.

MinLaw: Safeguards in place to prevent abuse

The Ministry of Law spokesperson said that there are safeguards in place to protect against the abuse of court processes.

"The Courts are equipped with robust powers to address claims that are frivolous or an abuse of process, including the striking out of unmeritorious claims, and awarding costs against the losing party and restricting a party from filing further applications or claims. Parties who interfere with or obstruct the administration of justice may also be investigated under the Administration of Justice (Protection) Act (AOJPA)."

The spokesperson added that the MinLaw will monitor developments and assess if further reforms to the law are required.

The spokesperson also said that the ministry has received feedback from Leong. However they are unable to comment on his case as it appears to relate to potential or on-going legal proceedings.

Top photo by Nigel Chua.