Singapore Online Falsehoods Law Kicks In With Details On Appeals Process

Singapore's legislation aimed at combating online falsehoods has come into effect just months after it was briefly debated in May this year, when discussions centred on the appeals process and risks that it would extend the government's power over online communications. The act now outlines, amongst others, an appeals process that will enable a minister's decision--over what constitutes as falsehood--to be challenged at the cost of S$200 and to be heard in the High Court within nine days. 

These details and others were announced through a series of notices published Wednesday on the electronic Government Gazette, with the Protection from Online Falsehoods and Manipulation Act (POFMA) officially kicking in on the same day (October 2).  

The legislation was mooted as a way to"protect society" against online false news created by "malicious actors", which the Law Ministry said could be used to divide society, spread hate, and weaken democratic institutions.

The government, however, was urged to make key amendments to better reassure the public it would not be used to stifle free speech, with several arguing that the act provided the government "far-reaching powers" over online communications. Industry players and observers expressed concerns the law would afford the Singapore government "full discretion" over whether a piece of content was deemed true or false. 

Under POFMA, two criteria requirements must be met for the law to apply: there must be a false statement of fact and it must be in the public interest to act. It also does not cover criticisms, satire or parody, and opinions. Comments on falsehoods also are excluded, though, the Law Ministry has cautioned that "care" should be exercised to "avoid repeating" the falsehood. It also assures that the act will not be used to punish people for sharing falsehoods "in ignorance [and] good faith".

Under the new legislation, Singapore ministers have the authority to decide whether to act against a false statement as well as instruct the falsehood be taken down or corrected. 

The act states that ministers must issue a notice of their decision on an application to "vary or cancel" a directive within two working days, and the courts have six working days to schedule a hearing date after an appeal has been filed. This means an appeal can be heard in the High Court within nine days of its filing. 

It will cost S$200 to submit an appeal and the applicant will bear no charges for first three days of court hearing. 

POFMA also lists companies that will be subject to the act, including internet intermediaries, digital advertising intermediaries, and media companies such as Google, Facebook, Twitter, WeChat, and Baidu. These organisations must adhere to the stated codes of practice so their platforms cannot be used to spread falsehoods, according to the act. 

Some of the companies have been given temporary exemption from the law, so they have additional time to implement "the necessary arrangements and technological measures" to ensure compliance with the act. These include the likes of Facebook, Google, Twitter, and WeChat. 

POFMA outlines three kinds of offences: spreading falsehoods knowing these are false and will or likely to harm public interest; making a bot with the intent of using it to spread falsehoods; and providing services to facilitate the distribution of falsehoods in return for rewards. 

Offenders face up to three or five years' imprisonment, S$30,000 or S$50,000 fine, or both fine and imprisonment. If bot or inauthentic accounts are used to amplify falsehoods, penalties are doubled. 

Offending internet intermediaries also face up to S$1 million fine, and S$100,000 fine per day for continuing offence after conviction.

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