May 06, 2005

Acidflask replies to CNA report

We received this email from Acidflask, and we reproduce it here in full:

Dear Ms. Tan:

I am shocked and indignant that in your CNA Article dated May 4, not only had you written an article who stand was far from neutral, you had made at least one glaring factual error that is completely unbecoming of any news agency.


I will only address here the error that is relevant to me. For the record that I am a first year graduate student in the chemical physics PhD program at the University of Illinois at Urbana-Champaign, USA. I am not "pursuing [my] Masters in the States". Given that a quick Google search of my name turns up the correct school and relevant information about my program of study, I cannot believe that you did apparently not even bother to verify such a basic fact about myself before running a story about me.

I mention in passing your errorneous un-compounding of the word "Web Logs" instead of "weblogs", the ambiguous use of the phrase "pull off" and your discourtesy in referring to me by "Chen" and not "Mr. Chen", and other sundry choices of English that have only served to lower my impression of your journalistic standards further.

Perhaps it had not occur to you that your last email was sent at 11pm local time on May 3 (10 am May 4 Singapore time), and that given my examination period begins tomorrow, I was likely that I would be unable to reply to your email in time for your article, especially when you did not mention the urgency of your request? Your colleague Shing Yi had contacted me earlier at about 3 am local time and I had just sent off a reply to her at 11 pm. Since your email came later at 6 am local time, I thought it would be reasonable to assume to reply to you (also at about 11 pm), that by mentioning her contacting me, you would at least have asked her if she had received any reply.

Obviously, this did not happen. While I am aware of time pressures that you may face in compiling news reports, I cannot in any way understand how you have apparently neglected to verify the simple fact of what I was studying here in the United States. It is highly unprofessional of you to have published a falsehood in your mass media, where millions of otherwise innocent viewers have become impressed with wrong information which may serve to affect their impression of the situation at hand. Such actions are tantamount to professional negligence and are highly unbecoming of any journalist from any news agency.

Your preposterous actions have permanently tarnished my impression of ChannelNewsAsia and has significantly lowered my impressions of your journalistic standards. The facts that your errorneous statement was further propagated by your colleague Wong Siew Ying in her own article dated May 5, and that both times such an errorneous statement could have made it through the editorial review process, only serve to reinforce my poor impression of your company.

For the record, here is more or less what I had sent to your colleague Shing Yi. I give you permission to use this information as long as it is reported in a neutral and factually accurate fashion, and subject to the following conditions: that I am not to be quoted directly as making the following points, and that paraphrasing them would be acceptable; that you may mention contacting me as long as it is made clear that I did not solicit the interview, and that my sole purpose in contacting you is purely in the interests of factual accuracy, especially in the light of your erroneous reporting; and that you will apologize either in your personal capacity or as a representative of ChannelNewsAsia for making the errorneous remarks.

If you do not agree to make an apology, then I may be forced to consider legal action.

---

First off please note that my pseudonym was "AcidFlask" not "Acid Flask", and that the title of my blog was "caustic.soda".

I am a first-year graduate student in the chemical physics PhD program at the University of Illinois at Urbana-Champaign, USA. Until last week, I had a personal blog on my university account, which as far as I understand is not a violation of school policy.

On April 22 (Friday), I received the first email from Mr. Philip Yeo, chairman of A*STAR, dated 5:44 am GMT-5 which notified me that he had earmarked a post on my blog (#442) for legal action. Over the next three days he sent me a total of eleven emails which were of a threatening and insulting nature, demanding that I remove "all" the posts on my blog or face legal action for defaming A*STAR and himself.

Despite writing to him three times seeking clarification by email, he had refused to elaborate on which specific remarks he had found offensive and reiterated his demand to remove "everything" on my blog. Since my end of semester examinations begin this Friday (May 6), I am sure you can appreciate how I was certainly not in the mood to sift through the 400-odd posts that I had written on my blog and edit or remove anything that was potentially defamatory. Therefore the only choice I had to stem the barrage of emails was to take the whole thing off-line. It was only when I wrote to him, informing him of my taking the blog down that he sent me a final (and twelfth) email last Tuesday, saying that his lawyer would follow up with amendments to my apology posted online. To date I have yet to hear from them so I assume the matter is closed.

I cannot reveal the exact details of the communication as Mr. Yeo had also threatened further litigation regarding the disclosure of some of the contents of the exchange.

As for legal aspects, I have been told that this is a thorny issue as it is not clear whether US law or Singapore law applies. The university is supportive of my right have a blog on my university account, but I can afford neither the time nor the money to fight it out in the courts in order to find out how the legal intricacies come together for my case. After all, I am not here in the US neither to experience its wonderful judicial system nor to take extended leave from it in order to fight a legal battle back home.

I would like to emphasize that I still do not know exactly what I had written that he had found offensive, and that Mr. Yeo had demanded that I remove all posts which mentioned either him or A*STAR, whether directly or indirectly, and cease "running [him] down" on my blog. It was impossible to satisfy such vague demands except by taking the entire blog down altogether.

Out of over 400 posts on my blog, perhaps ten or so mentioned Mr. Yeo or A*STAR by name. All of these posts were opinionated commentary (based on fact!) on policies made by A*STAR. One of my comments was on A*STAR's scholarship system. A*STAR gives out scholarships to prospective undergraduates to study technical majors both in Singapore and in reputable institutions abroad. Last year A*STAR instituted a new policy requiring their scholars to maintain a 3.8 grade point average (between A- and A average). Having been a scholar at one point in time, I felt that this was unnecessarily draconian and even counterproductive, as this would unduly influence students to pick easy classes over more challenging (and hence more enriching) classes, and said so on my blog.

In his previous position as chairman of the Economic Development Board (EDB), Mr. Yeo had also adopted the same strict stance toward such bond-breakers, labeling them as immoral. I can only speculate as to how his ire could be possibly connected to my decision to break my bond (albeit on a scholarship from a different government agency) and a story in The New Paper in early April about my decision to do so. (http://www.tnp.sg/story/0,4136,86038,00.html)

It may also interest you that this was the first time that Mr. Yeo had ever contacted me, and that I had never denied him the right of reply to the conclusions that I had drawn based on publicly available facts. Also, in its 274 days of existence, my blog had seen a grand total of 44,291 visitors, i.e. 162 visitors/day.

I spoke out because as a taxpayer and citizen, I cared enough about the policies at hand to make reasoned opinions about them, and in particular to point out what I considered to be possibly counterproductive side effects. I considered remarks made by persons such as Dr. Vivian Balakrishnan and MM Lee Kuan Yew earlier this year, urging young Singaporeans to speak out, as encouragement to do so. As a young Singaporean who tried to speak out and received such an intimidating response, I am disappointed and discouraged that Mr. Yeo had not attempted to correct any possible misconceptions that I may have had over the interpretation of publicly available information, deciding instead to threaten to sue me for defamation. I cannot say that such actions have promoted the cause of getting young Singaporeans to speak out.

I have delayed considerations of further blogging until the end of my examinations in mid-May.

---

This message has been bcc:ed to forty concerned friends and fellow Singaporean bloggers. Since I apparently cannot trust your organization to make a neutral and factually accurate statement, perhaps I can rely on them to do a better job.

[jseng: no conspiracy on the takedown earlier today - we were just waiting for AcidFlask to give us permission to publish it.]
Submitted by shianux on May 06//2:27am :: 10463 reads | trackback (12)
Comments 36

Trackback from The Rantings of a Slightly Deranged F*ck:

Alright, serious post cause I have to and I see an injustice. I know that we are in a country where we have to watch what we say, but this is really getting silly. We are fast turning into the United States of Amehliker with all these threats of suing people going on. The really silly part, is that its not the average Joe who has started doing it as a means of fighting and controlling Big Brother and the big companies, but its Big Brother who has done so against the average Joe. ...

Let's face it, he's no average Joe and in full control of his actions. If he wasn't an ex-scholar once, he wouldn't have receive as much media coverage or attention.

It's not inconcievable that there are hundreds of Singaporean Bloggers out there who said the exact same thing he did and nobody could care less.

So let's not turn this into a david vs goliath thing shall we. He has way more resources than me (the real average joes) for sure.

Posted by Cybersurfer* on 7 May, 2005 - 2:13am

Trackback from The Rantings of a Slightly Deranged F*ck:

Are we not suppose to be heading towards a more open society with a gahmen more willing to listen to open discourse? ...

AcidFlask have my full sympathies. However, I think that the above letter, published in full, have the tendency to meander before reaching what in my opinion is the heart of the matter.

The factual inaccuracies (wrong data as opposed to malicious misrepresentation) of CNA and their usage of English is something I feel of lower substance in comparison to the exchange between the blogger and ASTAR. While understanding his unhappiness, the earlier part does impart an impression of a prima donna mincing around adjectives and such.

The main focus should be around the manner which ASTAR responded to the matter - the choice of litigation, instead of refuting factual inaccuracies if the original poster was truly misrepresenting the truth.

ASTAR's belligerent approach have in an instance demolished only one thing - the credibility of PM Lee's talk of the government's interest in engaging the nation in dialogue and debate.

All the talk by the government about a more open society, all the talk about welcoming criticism is moot if various agencies within the government are still inflexible stuck in mindsets of an older age where Singaporeans are pegged as mindless sheep to be herded by their betters.

Anon Craven:

Don't be too quick to jump to conclusions. Saying that A*STAR represents the views of everyone in the Government is like saying that people don't have minds of their own to think for themselves.

Don't you think it is quite far-fetched to assume that the views of just one person represent the views of so many?

The point of my earlier post was how the actions of agencies like ASTAR can discredit the words of the PM barely days after he came out public to persuade Singaporeans to engage the government.

ASTAR’s choice to resort to threats of litigation is a poorly conceived one, because it creates negative press right off the bat after a PR exercise to sell the image of an open and consultative government.

Had ASTAR reined in the threats and responded with a press statement debunking the accusations, the whole affair would have scored points to reinforce the message that the government is moving into a newer, more enlightened phase.

To me, ASTAR’s actions have only confirmed my previous notion of the status quo – that the government is extremely sensitive to anything that resembles a challenge to them. Feedback as you will at your own risk, but be ready to sugar coat and make your words extra diplomatic or you’ll be cross that invisible OB line before you know it.

Acidflask/ASTAR is hardly the only example that comes to my mind. Catherine Lim, Think centre, JBJ and Tang Liang Hong – it’s not just this case that makes Singaporeans so wary of speaking up.

Anonymous Craven ~ Would just like to point something out.

The letter was addressed to the journalist(s) who wrote the particular articles published on May 4th and 5th. In light of this, the point was to clarify the inaccuracies of the reports while providing a bit of background rather than the other way around. It would've been hard for AcidFlask to point out the fallacies made without elaborating on the circumstances at the time ~ I think he knew what he wanted to focus on when writing the letter.

Posted by Anonymoose* on 7 May, 2005 - 1:15am

Trackback from Wannabe Lawyer:

Update: As always, Gilbert has a great post. He highlights that allowing the chilling effect that would result from the stifling of criticisms can only be detrimental to Singapore’s long-term interests. And I agree whole-heartedly. TODAYOnline......

If you do not agree to make an apology, then I may be forced to consider legal action.

Well done.

So typical of a 'civil' servant. Mr. P. Yeo's attitude is very much like our gahmen's attitude. Nobody can criticize them at all. “Over the next three days he sent me a total of eleven emails which were of a threatening and insulting nature”, typical isn’t it, no gentleman at all. But then we have always known that, I mean which gentleman would say things like, “If you have a degree, you’re only good as a test-tube washer…”. And he dares to sue, gosh, we test-tube washers should sue him instead.

why, given the state of network and email viruses, I'm sure any one of them can be used as a delivery mechanism for those 11 threatening emails without any liability on your part.

furthermore, any disclaimers that "This email is not for circulation etc" certainly cannot hold water, because one is not contractually obligated. UNLESS OF COURSE ALL OF PHILLIP YEO's emails are protected under the official secrets act.

remember, one cannot be defamed by what one own self says, so if the character of mr Yeo can be seen from his own emails, publish away I say.

Posted by chrisloup who is too lazy to login* on 6 May, 2005 - 6:05pm

from what statute do you get the fact that emails are protected by legal privilege?

please show me.

Posted by Anonymous Coward* on 7 May, 2005 - 10:08am

Great letter by Acidflask, especially in explaining why he took the entire blog off (exams) as well as how the accuser refused to explain further on the specific comments that incurred his wrath.
Please provide details if there's an apology coming from CNL.

Trackback from Wannabe Lawyer:

Singapore Ink got first dibs on the news from ChannelNewsLater on A*Star’s press conference. After reading their post, I clicked on the link to ChannelNewsLater’s piece, and what do you know. Something smelly this way comes. Extract from ......

Trackback from TSI: Unlimited:

See upcoming post for my opinion on it.

Similar posting + discussion in tomorrow.sg, courtesy of shianux.

Blogs aggregate by HUICHIEH on From a Singapore Angle.

Further discussion on the Singapore Ink.

I take the liberty of posting this pre......

I wonder if we could get a couple of those posts by AcidFlask and post them on our blogs/homepages etc. I would really like to see A Star suing every blog out there.

This is getting ridiculous. It would be funny if it were not tragic.

Trackback from Channelnewsasia.com:

Singapore's A*Star (Agency for Science, Technology and Research) said Singaporean blogger Chen Jiahao made direct accusations against the agency which were defamatory....

Trackback from Accusations and counter-accusations:

Update 7 May 0320 hours (Singapore time): From Han & Huichieh I heard that CNA has since changed their article, & “bribery, misuse of money and misbehaviour” has disappeared....

hmm if what acidflask is written is true, I would hate for one day to have those tactics applied to our TV broadcasts or newspapers (if they arent already). eg imagine newspaper editor getting a fiercely worded letter demanding an unreserved apology for what is written- but WITHOUT highlighting which report, what is the error.

I can imagine if a more tactful method had been used, the situation could have been amiacably resolved and perhaps even the truth might prevail ie showing him what was in error and then Acidflask genuinely believes he is in error and apologizes rather than forcing him to apologize and take down all his posts and then to have now 1. the whole singaporean blogosphere and Singapore at large is CURIOUS about what was written and 2. A*Star looks heavy handed in the process. I wonder who does A*Star's PR?

Acidflask could be in the right, he could be in the wrong. But a separate issue is how A*Star chose between clarifying the truth and shutting someone down in a seemingly harsh manner.

Posted by Just an observer* on 7 May, 2005 - 11:36am

Throughout the whole fiasco, I think the one big thing the media casually and conveniently overlooked is, is he really guilty of defamation? I've followed the blog for awhile now and while critical and maybe even harsh, I doubt the comments could be construed as anything other than an opinion. Besides, what has mr yeo to fear from a little fish in the big internet pond? Makes you wonder, doesn't it?

Bottom line is, I just don't like how all the news articles automatically assume that there is any salt to the accusations. Grrr.

Posted by Anonymous Coward* on 7 May, 2005 - 11:51am

TNP and Straits Times also covered the issue today. TNP solely on the life of Philip Yeo and Straits Times on the issued apology by AcidFlask and the status of the lawsuit.

Posted by One Little Twit* on 7 May, 2005 - 12:35pm

In the interests of an open society in Singapore...

I advocate that online links to articles with regards to the A*STAR/Chen case be sent to all existing and potential international collaborators of A*STAR's research institutes.

I also advocate that if you are a student in a university that has or is considering collaboration with A*STAR or any of its research institutes, you should inform them of the details of this case.

Posted by Anonymous Coward* on 8 May, 2005 - 1:03am

i 2nd that

Posted by Anonymous Coward* on 8 May, 2005 - 4:04pm

I was following AcidFlask's thread that was marked for defmation.

What I find really ridiculous about the whole affair is... AcidFlask DID NOT write ANYTHING defamatory about A*STAR in that thread. The defamatory material is in one of the COMMENTS left by a reader.

How ridiculous is THAT ?? I'm not sure how true the comment was, but it must be unnerved Philip Yeo enough to threaten legal action.

Posted by Ken* on 8 May, 2005 - 5:23pm

Trackback from The Straits Times Amuses Me Greatly:

This morning I found out that I was in the Straits Times on Saturday 7th May 2005.

In the article, which was mainly about AcidFlask, the Straits Times said:

The 22-year-old, who is studying engineering in Singapore, could not be reached for comment yesterday....

The Acidflask-ASTAR has gone to broadcast news tonight. They say that he has up to midnight to apologise (again) to Mr. Yeo.

Trackback from Tribolum.com:

The recent case of AcidFlask vs A*Star chairman Philip Yeo has brought the dooce right into our front yard. If you’re unfamiliar with AcidFlask vs Philip, refer to the case notes. There are many issues at hand, but let’s look......

Trackback from Taking a Stand:

And it is heartening to see fellow bloggers aiding him in whatever ways they can possible, standing up for him. Because this is not just about a student against a government agency any more. This is about blogging, freedom of speech. This is about the reputation of the very country we are living in, in terms of press freedom, in the eyes of our own citizens, in the eyes of foreign entities....

Trackback from FT.com / Asia-Pacific:

A threatened libel suit against a blogger by a Singapore government agency has raised concerns among international press freedom groups that the city-state might be cracking down against dissent on the internet....

Trackback from A*STAR accepts Singaporean blogger's apo:

The Agency for Science, Technology and Research has accepted Singaporean blogger Chen Jiahao's apology dated 9 May and considers the matter closed. ...

HI TO ALL,

I read the above emails.

A QUESTION IN MY MIND IN THIS POINT IN TIME, 'IS THERE FREEDOM OF SPEECH ON THE NET'

PERSONALLY I FIND THAT EVEN OUR BLOGS , A.K.A. PERSONAL SPACE IS BEING MONITORED AND SIEVED FOR PROPRIETY.. I FIND IT ALARMING THAT EVEN IN THE RECESSES OF CYBER SPACE, WE ARE NOT SPARED FROM THE WATCHFUL EYE.. SO IS ACTUALLY WRITING ANYTHING ANYWHERE SAFE ?

itz really very disturbin to see a fella blogger being almost sued lor.. imagine one day we post a joke/ news on our blog and we forgot to attribute it.. thenu kena lawyers' letter.. hahaha.. really uniquely singapore

Freedom of speech does not mean iresponsible speech. In fact, responsible and freedom of speech comes hand in hand.

It is a fundamental rule that anything written down can come back at you. Big brother has been improving his tracking abilities, besides the issue that has been clouded out, but mentioned by AcidFlask is which legal jurisdiction would the case have gone to. Afterall it was the posed on the internet. The physcial server is in the US, Mr. Yeo read it in Singapore. They have their constitution which allows freedom of speech, as such the suit might even end up back firing on the Singapore Economy. If the articles on Mr. Yeo's character is true, perhaps his legal counsel should sit down and discuss things before he starts shooting. (Which by the way is my understanding of the article on his character). Or perhaps have a good PR person handle the issue.

The problem with issues is that we do not always have all the facts, so sometimes when a comment is made it could be based on personal expericences or as it is called "fair comment" not necessary "libel".

I find it ironic (if no-one else does) that this mail by Acidflask, in criticising Ms. Tan's English, is itself riddled with grammatical and spelling errors; the most amusing instance being his misspelling of the word, "erroneous" [he makes this mistake more than once], whilst in the very process of nitpicking Ms. Tan's "un-compounding of the word...'weblogs'".

Also, his demands for an apology and threat of "legal action" is very funny considering his own experience with A*Star.

All in all, either he's got an infallible sense of humour, or he is really a silly and pathetic individual (who arguably deserved most of what happened to him).

Posted by Anonymous Wuss* on 14 May, 2005 - 2:02pm