Singapore's Fake News Law Flashcards
Who can the POFMA be issued to? (3)
1) individuals & organisations
2) internet intermediary services (IIS) that allow end users to access 3rd party materials
3) internet access service provider (IASP)
Where can the POFMA reach?
Can be applied to those in or outside SG
What are the possible penalties for noncompliance of POFMA? (2)
1) fine for individuals, IIS, IASP
2) prison for individuals
What are the criteria to be met in order to issue POFMA & how is it issued? (2)
Any minister may instruct the competent authority (IMDA’s POFMA office usually) to issue directions if:
1) a false statement of fact (FSOF) is communicated in SG, AND
2) the minister believes it is in the public interest to issue the direction
What is a false statement of fact (FSOF)?
1) statement of fact: a statement which a reasonable person would consider to be a representation of fact, not opinion
2) false: false or misleading, whether wholly or in part, whether on its own or in context
Under POFMA, what is considered public interest? (6)
Without limiting the generality of the expression, it is in the public interest to do anything that is necessary or expedient (convenient, practical)
1) security
2) public health, finances, safety, tranquility
3) friendly relations with other countries
4) prevent influence on outcome of an election
5) prevent incitement of hate between different groups of people
6) prevent diminution (decline) in public confidence in gov performance
How does POFMA help prevent influence on the outcome of an election?
Each minister would appoint an alternate authority (a public officer) to act from the start to end of election, to prevent conflicts of interests etc. In GE2020, permanent secretaries were appointed.
What are 2 POFMA directions to individuals?
1) correction direction
2) stop communication direction
What is the correction direction? (4)
Publish correction notice:
1) statement that FSOF is false
2) can include “specified statement of fact” - correct info/reference
3) place where every copy of FSOF was communicated in SG, AND/OR in SG newspaper/other publication
4) may be issued even if the person does not know/has no reason to believe that the statement is false
What is the stop communication direction? (2)
1) stop communicating FSOF in SG, AND/OR stop communicating any substantially similar statements in SG
2) may be issued even if the person does not know/has no reason to believe that the statement is false
What are 4 POFMA directions to IIS?
1) Targeted Correction Direction
2) Disabling Direction
3) Account Restriction Direction
4) General Correction Direction
What is the targeted correction direction? (2)
Direction to communicate an (easily perceived) correction notice, by service or other means:
1) to end users in SG who access FSOF
2) OR to those who have accessed it before
What is the disabling direction? (2)
1) direction to disable end-users in SG’s access to FSOF by specified time
2) may also be required to communicate (easily perceived) correction notice by any means
What is the account restriction direction? What are its 3 requirements?
Any minister can direct IIS to disallow communication to users in SG from specified accounts, if it fulfils all requirements:
1) account is inauthentic (misrepresents who the user is)/controlled by bot, AND
2) FSOF communicated through account/coordinated inauthentic behaviour, AND
3) if the minister thinks that’s in public interest to issue direction
What is a declared online location? When does it expire?
Minister may declare if: location used to communicate in SG has at least 3 FSOFs that were subject to POFMA directions in the last 6 months.
Expires in 2 years or less
What are the required actions after an online location has been declared?
1) owner/operator: must communicate notice of declaration to any end-user who accesses it
2) those benefiting from operating declared location (ads, subscription) can be fined/imprisoned, and must also pay penalty equal to benefit earned
3) services that place digital advertising are prohibited from placing ads there; no defence to say ad was placed by automatic process
4) digital ad services must also take steps to not advertise online locations that include FSOFs, whether declared or not
What counts as noncompliance from declared online locations (2), and how would it be handled (2)?
If:
1) DOL did not communicate notice of declaration to SG users, OR
2) paid content is communicated in SG on DOL after declaration
Then:
1) Minister can direct IMDA to disable local access to DOL, through orders to IASP/IIS.
2) penalties to DOL owners, digital ad services, IIS, IASP: fine/prison for individuals, fine for others
What are 3 POFMA directions for IASPs?
1) general correction direction
2) access blocking order
3) order to block IIS
What is the general correction direction? Who can it be issued to (4)?
Direction to communicate an (easily perceived) correction notice. Does not appear within a particular post to reach wider audience. Issued to:
1) licensed newspaper/broadcaster
2) IIS
3) licensed telecommunication service (like singtel), or
4) any others
What is the access blocking order? When can it be issued (2)?
If:
1) person/IIS doesn’t comply with POFMA directions, OR
2) declared online location doesn’t fulfil obligations
Then: Minister can direct IMDA to require IASP to disable access to online location in SG
When (2) and how can the order for IASP to block IIS to issued?
If:
1) IIS failed to appoint a person in SG to receive service (notice of legal proceedings), AND
2) Minister sees this requirement is met: people can see & access FSOF
Then: Minister may direct IMDA to order IASP to disable local access to entire IIS
What does “communicated in SG” mean?
Made available to one or more end-uses in SG/through the internet
What is the POFMA offence Communication of FSOF? (6)
It is an offence to any act in/out of SG, in order to communicate in SG a statement, that you know/have reason to believe that it is and FSOF, AND
1) be prejudicial to SG security
2) be prejudicial to public health, safety, tranquility and finances
3) be prejudicial to friendly relations of SG with other countries
4) influence outcome of election
5) incite hatred between different groups, OR
6) diminish public confidence in performance of gov, organ of state or statutory board
To whom can the POFMA offence Communication of FSOF not be applied to? (4)
1) IIS
2) Telecommunication services
3) Service providing public access to internet
4) computing resource services (e.g. cloud service providers)
What is the penalty of the POFMA offence Communication of FSOF? (2)
1) fine/prison
2) enhanced penalties if bots/inauthentic accounts were used to communicate FSOF
When does the court deem fit to issue order of Protection from Harassment Act (POHA)?
1) FSOF is published, but no need for publisher to know statement is fake, AND
2) it is just & equitable to make the order
3) can just serve personal interests
4) order can be made to those in/out of SG; may require act in/out of SG
Who can apply for & decide directions of POHA and POFMA respectively?
POHA: Individuals can apply. Court decides
POFMA: Minister applies and decides
What POHA directions can be issued to individuals/entities? (2)
1) correction order
2) stop publication order
What POHA directions can be issued to IIS? (2)
1) targeted correction order
2) disabling order (disable online access of SG users to FSOF)
What POHA direction can be issued to IASP?
General correction direction
When and to whom can POHA’s general correction order be issued to? (5)
If court finds that FSOF is likely to cause serious harm, court may issue order to communicate an (easily perceived) correction notice to:
1) Licensed newspaper
2) Licensed broadcaster
3) IIS
4) Licensed telecommunication service, OR
5) any others
