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Media Law > Fake News > Flashcards

Fake News Flashcards

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1
Q

What is a false statement of fact?

A

A statement a reasonable person would consider a representation of fact

A false statement, wholly or in part.

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2
Q

Under POFMA, directions are issued to?

A
  1. individuals
  2. Internet intermediary services
  3. Internet access service provider
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3
Q

What is POFMA’s reach?

A

Global, authorities empowered to enforce POFMA outside SG

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4
Q

Is POFMA criminal or civil law?

A

criminal. penalties include
1. fine for individuals, IIS, IASP
2. prison for individuals

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5
Q

Who instructs the POFMA and who directs the directions? Under what circumstances?

A

Minister
IMDA issues directions
FSOF is communicated in SG, minister thinks it is in public interest to issue direction

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6
Q

What does it mean to have public interest?

A

To do naything that is necessary or expedient to protect
1. security of SG, 2. public health, 3. friendly relations, 4, influence of elections, 5. incitement of hatred, 6. prevent diminishing of public confidence

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7
Q

What happens to POFMA during election period?

A

Minister appoints an alternate authority, from writ of election until closing of polls, usually permanent secretaries

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8
Q

What are the directions to individuals

A
  1. correction direction
    - publish correction notice: statement that FSOF is false, include specified statement of fact
    - even if person does not know FSOF is false
    - may be required to place correction notice near every copy/SG newspaper
  2. stop communication direction
    - stop spreading FSOF in SG
    - stop spreading similar FSOFs in SG
    - even if person does not know FSOF is false
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9
Q

What are the directions to internet intermediary services

A
  1. targeted correction direction
    - communicate correction notice through service or other means to a) users in SG who access FSOF b) those who accessed it before
  2. disabling direction
    - disable access to FSOF by specified time
    - may need to communicate correction notice also
  3. account restriction direction
    Minister to direct IIS to disallow communication to specified account if
    - account inauthentic/bot
    - FSOF through account/coordinated inauthentic behaviour
    - Minister thinks it is public interest to issue direction
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10
Q

What is a declared online location

A

an online location used to communicate at least 3 FSOFs subject to POFMA directions in last 6 months

lasts up to 2 years

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11
Q

What must a DOL owner do

A
  1. communicate notice of declaration

2. pay penalty equal to benefit + get fined/imprisoned

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12
Q

Digital advertising services cannot

A

advertise on DOLs

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13
Q

Failure to comply to DOL means

A
  1. IMDA can disable local access to DOL via IASP’s access blocking order or through IIS
  2. fines/prison for individual, fines for DOL owners, digital ad services, IISs, IASPs
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14
Q

Who does general correction direction apply to

A
  1. newspaper/broadcaster
  2. IIS
  3. telecommunication service
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15
Q

What is a general correction direction

A

direction to communicate a correction notice

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16
Q

What are the directions to IASP

A
  1. general correction direction
  2. access blocking order
    - if IIS/person does not comply or DOL doesn’t fulfil obligations
    - Minister can direct IMDA to require IIASP to disable access to online location
  3. Block IIS
    - IIS must have someone to receive service
    - if it fails to appoint, Minister knows IIS used to access FSOF, then Minister can direct IMDA to order IASP to block IIS
17
Q

What is the POFMA appeal process?

A
  1. first to same Minister

2. then to High Court

18
Q

What are the possible POFMA appeals?

A

Directions:

  1. FSOF is true
  2. not in SG
  3. technically cannot comply
  4. not coordinated inauthentic behaviour
  5. minister did not say it is in public interest to issue direction

DOL:
- at least 3 FSOFs in 6 months not hit

19
Q

What is POHA

A

Protection from Harassment Act

20
Q

What is POHA’s order about FSOFs?

A
  1. subject of FSOF makes application to court
  2. court issues order if
    - FSOF published (knowledge of falsity not required)
    - just and equitable to make order

Breaching POHA can result in criminal penalties

21
Q

Order about FSOF

A

made to in or outside SG

may require an act in or outside SG

22
Q

POHA directions for individuals:

A
  1. Correction order

2. stop publication order

23
Q

POHA directions for IIS

A
  1. Targeted correction order

2. Disabling order

24
Q

POHA General correction order only if

A

FOSF likely to cause serious harm

to newspaper, IIS, telecommunication service

25
Q

Who cannot order POHA?

A

Govt. only persons.

26
Q

Contrast POHA and POFMA. Who decides to issue an order and on what basis? Why does it matter?

A

POFMA: Minister decides it is in public interest to make decision
POHA: Court decides it’s just and equitable to make order.
Any of us can get a POHA order even if it doesnt serve broader public interest.

Media Law (12 decks)

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