Fake News Flashcards
What is a false statement of fact?
A statement a reasonable person would consider a representation of fact
A false statement, wholly or in part.
Under POFMA, directions are issued to?
- individuals
- Internet intermediary services
- Internet access service provider
What is POFMA’s reach?
Global, authorities empowered to enforce POFMA outside SG
Is POFMA criminal or civil law?
criminal. penalties include
1. fine for individuals, IIS, IASP
2. prison for individuals
Who instructs the POFMA and who directs the directions? Under what circumstances?
Minister
IMDA issues directions
FSOF is communicated in SG, minister thinks it is in public interest to issue direction
What does it mean to have public interest?
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
What happens to POFMA during election period?
Minister appoints an alternate authority, from writ of election until closing of polls, usually permanent secretaries
What are the directions to individuals
- 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 - stop communication direction
- stop spreading FSOF in SG
- stop spreading similar FSOFs in SG
- even if person does not know FSOF is false
What are the directions to internet intermediary services
- 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 - disabling direction
- disable access to FSOF by specified time
- may need to communicate correction notice also - 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
What is a declared online location
an online location used to communicate at least 3 FSOFs subject to POFMA directions in last 6 months
lasts up to 2 years
What must a DOL owner do
- communicate notice of declaration
2. pay penalty equal to benefit + get fined/imprisoned
Digital advertising services cannot
advertise on DOLs
Failure to comply to DOL means
- IMDA can disable local access to DOL via IASP’s access blocking order or through IIS
- fines/prison for individual, fines for DOL owners, digital ad services, IISs, IASPs
Who does general correction direction apply to
- newspaper/broadcaster
- IIS
- telecommunication service
What is a general correction direction
direction to communicate a correction notice
What are the directions to IASP
- general correction direction
- 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 - 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
What is the POFMA appeal process?
- first to same Minister
2. then to High Court
What are the possible POFMA appeals?
Directions:
- FSOF is true
- not in SG
- technically cannot comply
- not coordinated inauthentic behaviour
- minister did not say it is in public interest to issue direction
DOL:
- at least 3 FSOFs in 6 months not hit
What is POHA
Protection from Harassment Act
What is POHA’s order about FSOFs?
- subject of FSOF makes application to court
- court issues order if
- FSOF published (knowledge of falsity not required)
- just and equitable to make order
Breaching POHA can result in criminal penalties
Order about FSOF
made to in or outside SG
may require an act in or outside SG
POHA directions for individuals:
- Correction order
2. stop publication order
POHA directions for IIS
- Targeted correction order
2. Disabling order
POHA General correction order only if
FOSF likely to cause serious harm
to newspaper, IIS, telecommunication service
