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Sim Lim case: Citizen action may be against the law

SINGAPORE — As the netizen-led campaign against Sim Lim Square shop owner Jover Chew continues, lawyers warned that such tactics — in part driven by frustration over ineffectual action on unscrupulous retail practices — put perpetrators at risk of running afoul of the law.

A tee-shirt with an expletive was found outside the premises of Mobile Air at Sim Lim Square on Nov 6. Photo: Don Wong

A tee-shirt with an expletive was found outside the premises of Mobile Air at Sim Lim Square on Nov 6. Photo: Don Wong

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SINGAPORE — As the netizen-led campaign against Sim Lim Square shop owner Jover Chew continues, lawyers warned that such tactics — in part driven by frustration over ineffectual action on unscrupulous retail practices — put perpetrators at risk of running afoul of the law.

There are provisions under the Miscellaneous Offences (Public Order and Nuisance) Act which could apply in the case of Mr Chew, whose identity card number, address and mobile number have been dredged up and shared online by members of the public over the past few days.

Lawyers also pointed out that online anonymity could pose a challenge to police investigations.

Mr Chew’s troubles began following reports that he had attempted to pay a S$1,010 refund ordered by the Small Claims Tribunal in coins, and that Vietnamese tourist Pham Van Thoai had gone down on his knees to beg for a refund. His shop, Mobile Air, which had 25 complaints lodged against it with Consumers Association of Singapore (CASE) between August and October, quickly became a symbol of the seedier side of Sim Lim Square.

Yesterday, a T-shirt printed with a Hokkien vulgarity was placed outside his shop, which was closed. Mr Chew’s particulars were also reportedly used to order three large pizzas to his home on Wednesday.

Mobile Air has also been served the Voluntary Compliance Agreement by CASE.

Lawyer Raj Mannar of Peter Low LLC said Mr Chew could take legal action against the source of harassment, especially if the online postings prove to be emotionally harassing and damaging to his business.

Mr Sunil Sudheesan, partner at RHTLaw Taylor Wessing LLP, pointed to existing provisions under the Miscellaneous Offences (Public Order and Nuisance) Act which could apply in this scenario. This would require a person to make a police report — Mr Chew’s wife is said to have filed one — followed by possible action by the Attorney-General’s Chambers after weighing the merits of the case.

However, little can be done if the person behind the harassment is not identified, Mr Raj pointed out.

While the Protection From Harassment Act — which is meant to better tackle harassment online — was passed in March, TODAY understands it is not fully in force yet.

Under this Act, action can be taken depending on whether the affected person feels harassed, whether the prosecution feels there is a case to be made and whether the person behind the harassment can be found, said Mr Sunil.

However, he added: “You can’t find who is behind the (online anonymous) post unless you go to the telco and find the IP address, but even that is not conclusive.”

While there have been calls for tougher consumer laws, Shook Lin & Bok LLP partner Robson Lee suggested more robust enforcement of the existing laws instead. For example, CASE could be given additional powers to administer fines to errant businesses.

The fines could be collected in a fund, which could be used to compensate victims of such practices and pay for foreign customers who have been affected to return to Singapore to assist with investigations, Mr Lee added.

In a Facebook post, Manpower Minister Tan Chuan-Jin expressed shock at the behaviour shown in the Sim Lim case and said the Government should explore ways to “strengthen or adjust” the laws to deal with cases where individuals face hurdles in seeking resolution.

“Some are disputes that may fall short of violating any laws or regulations, but they clearly assault our sensibilities!” he wrote.

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