In a notable case of criminal defamation, the founder of the alternative news site Wake Up Singapore (WUSG) and an accomplice were fined by a Singapore court on August 26.
Ma Su Nandar Htwe, a 28-year-old Myanmar national and Singapore permanent resident, was fined S$10,000 for her role in the deceitful narrative.
Affrin Iskandar Sha Ali Akbar, the 27-year-old Singaporean founder and administrator of WUSG, received a penalty of S$8,000.
Both individuals pleaded guilty to one count of criminal defamation.
Court documents revealed that Ma fabricated the story out of a desire for “drama” due to boredom.
According to CNA report, the woman submitted the fake story as she wanted drama as she was bored.
After Ma’s false account circulated, the fabrications were eventually uncovered, prompting her to tell Ariffin that she acted impulsively, citing a past miscarriage at KKH as justification.
She stated that she sent him “things in the heat of the moment”.
However, this too was proven to be untrue.
BACKSTORY
In March 2022, a woman, Ma Su Nandar Htwe, claimed on WUSG’s Instagram account that she experienced a traumatic miscarriage at KK Women’s and Children’s Hospital (KKH) after testing positive for COVID-19 while pregnant. She alleged neglect by hospital staff, stating that a doctor dismissed her concerns about bleeding, leading to her expelling the fetus while purportedly losing consciousness. The claims contained in her messages were later revealed to be largely fabricated, though she was indeed pregnant when she visited the hospital on February 28, 2022, seeking care for COVID-19 and did deliver a healthy baby in July 2022.
Upon receiving her claims, Ariffin, the operator of WUSG, requested medical documentation to verify her account. The woman provided a medical receipt from KKH, which led Ariffin to contact the hospital for comment before publishing the story on March 23, 2022. The article, titled “‘The baby is probably dead’ – Woman shares a harrowing account of her miscarriage at KKH A&E,” gained traction, getting picked up by other local news outlets, which raised alarm at KKH about the accuracy and integrity of the story.
KKH promptly initiated an investigation, uncovering significant discrepancies between the woman’s account and the hospital’s medical records. Attempts by KKH to clarify details directly with Ma Su Nandar Htwe were met with resistance; she indicated that she did not wish to engage further but maintained her narrative, criticizing KKH’s perceived lack of empathy. Eventually, however, she admitted to Ariffin that her claim was untrue and asked him to retract the story, citing emotional turmoil from a previous miscarriage.
She acknowledged that the account was false and requested him to delete the story along with all associated posts.
She stated, “I sent you things in the heat of the moment because I was also agonising over the loss of a previous miscarriage which was handled by KKH.” However, this claim was also scrutinized and determined to be yet another fabrication.
Recognizing the gravity of the situation, Ariffin took immediate action to remove the fabricated story and issued apologies, both privately to KKH and publicly through a retraction article published on March 26, 2022. Subsequently, the Ministry of Health intervened by directing WUSG to correct the falsehood under the Protection from Online Falsehoods and Manipulation Act, which Ariffin complied with promptly by posting correction notices on WUSG’s platforms.
CONTRIBUTOR SAYS SHE WAS ‘BORED’
The prosecution requested fines ranging from S$8,000 to S$9,000 for Ariffin, and S$9,000 to S$10,000 for Ma Su Nandar Htwe.
Defence lawyers for Ariffin Mr. Eugene Thuraisingam, Mr. Ng Yuan Siang, and Mr. Gino Hardial Singh, requested that the court determine the appropriate penalty, highlighted their client’s genuine remorse.
They pointed out Ariffin’s early admission of guilt and his proactive efforts to assist the police.
Ms. Jacintha Gopal, the defence attorney for Ma Su Nandar Htwe, argued that her client was likely experiencing perinatal depression and faced an increased risk of developing pre-eclampsia, conditions associated with mental health challenges during and after pregnancy as well as high blood pressure during pregnancy.
“That experience at KKH that day was quite frustrating for her,” said Ms Jacintha in court according to CNA.
Although court documents described her client as simply “bored,” Gopal contended this portrayal was overly simplistic.
She detailed how Ma had tested positive for COVID-19 while pregnant and had visited several hospitals, including KKH, which was a particularly frustrating experience for her.
Ms. Jacintha further referenced an article that had deeply affected her client, one detailing another woman who suffered a miscarriage after waiting for two hours at the National University Hospital.
Ma was significantly traumatized by this story, which contributed to her fragile state of mind at the time of her actions.
In light of her circumstances, Gopal requested a reduced fine of S$5,000 to S$6,000, noting that her client understood her wrongdoing and wished to move forward as a young mother.
In response to the defence, the prosecutor pointed out that Ma was never formally diagnosed with the mental health conditions claimed.
District Judge Shawn Ho raised concerns regarding the potential trauma that could arise for other pregnant women upon reading Ma’s fabricated narrative.writing
When asked why Ma had not considered the impact of her actions on others, Gopal explained that her client was in a vulnerable state and merely sought to express herself through her writing.
“She likes to read and write, so I think that’s her way of expressing all the changes, by writing out this story to kind of express herself,” said Ms Jacintha.
“A lot of us read and write to express ourselves, but to seek to publish such a fabricated story where other people will read it, including pregnant women …” the judge said in response according to the report.
During sentencing, Judge Ho condemned the actions of both defendants as “irresponsible,” he mentioned the diversion of critical resources during Singapore’s fight against the COVID-19 pandemic.
He characterized Ma’s actions as a “lie upon lie” and dismissed her reasoning of boredom as “utterly frivolous.”
He imposed a 25-day jail term in default of payment for Ma and a 20-day term for Ariffin, highlighting the serious nature of their conduct and the potential repercussions for failing to pay their stipulated fines.
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