09/05/2019

Singapore's fake news law passed


Update 8 Dec 2019: Government uses “anti-fake news” law to eliminate public debate

Reporters Without Borders (RSF) in a statement on Friday, expressed that it is appalled by the totalitarian aspects of Singapore’s new, highly controversial “anti-fake news” law, under which the authorities issued two directives ordering “corrections” to Facebook posts within the space of a week. Below is RSF’s report and comments on the new law and the takedowns.

The “corrections” are posted on a government web page called “Factually” that was up and running as soon as the law, the Protection from Online Falsehood and Manipulation Act (POFMA), took effect in October. This page claims to present the “correct facts” as opposed to what the law calls “online falsehoods and manipulation” and displays each “corrected” item with the word “FALSE” stamped on it in large red letters.

The first directive was sent by the finance minister on 21 November to an opposition politician who had posted a note on Facebook questioning the investments made by two Singaporean sovereign wealth funds. It forced him to post a “Correction notice” at the top of his post with a link to the government web page with the “correct facts.”


PM Lee "POFMA would catch you if you spread fake news about CPF withdrawal ages on social media"
At the National Day Rally 2019 yesterday (18 Aug), Prime Minister Lee Hsien Loong took the opportunity to lash out at fake news circulating on social media, saying that government would be changing withdrawal policies of the Central Provident Funds or CPF withdrawal ages

In the script published on PMO’s website, PM Lee said, “Let me add one last point here, to be absolutely clear: we are not making any changes to CPF withdrawal policies or CPF withdrawal ages. You can still take out some money at age 55. And you can still start your CPF payouts from age 65.”

“All that remains exactly the same. So please ignore any rumours you may hear about this, or messages on WhatsApp, because they are fake news!”

On national TV yesterday, however, he added the following warning, “Please delete it and tell your friends. Don’t share it with more friends and confuse people because that would be fake news.” POFMA would catch you!” he added.


National Day Rally 2019

PM Lee Hsien Loong delivered his National Day Rally speech on 18 August 2019 at the Institute of Technical Education College Central. PM spoke in Malay and Chinese, followed by English:
  • As a major employer ourselves, the Government will take the lead for public officers. The Public Service will raise its Retirement and Re-employment Ages one year earlier, in 2021 instead of 2022. I encourage private sector companies which can do the same, also to do so.
  • All these changes – to the Retirement Age, the Re-employment Age, and the CPF rates – will support older workers to continue working longer and to be more financially independent.
  • Let me add one last point here, to be absolutely clear: we are not making any changes to CPF withdrawal policies or CPF withdrawal ages. You can still take out some money at age 55. And you can still start your CPF payouts from age 65. All that remains exactly the same. So please ignore any rumours you may hear about this, or messages on WhatsApp, because they are fake news!

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Singapore Fake News Laws: Guide to POFMA

Amidst much debate and controversy, the Protection from Online Falsehoods and Manipulation Act (POFMA) was passed in Parliament on 8 May 2019 with a majority of 72 votes. While POFMA has not come into operation and will commence on a date appointed by the Minister by notification in the Gazette, this article provides an overview of POFMA as well as some of its key provisions.

What is POFMA? POFMA seeks to prevent the electronic communication of falsehoods (i.e. false statements of fact or misleading information), as well as to safeguard against the use of online platforms for the communication of such falsehoods.

It also puts in place various measures to counteract the effects of such communication and to prevent the misuse of online accounts and bots (i.e. computer programmes that run automated tasks).


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Singapore's fake news law passed amid Partisan Divide
The Protection from Online Falsehoods and Manipulation Act was passed in Parliament on Wednesday. (Photo: Getty Images)

The Protection from Online Falsehoods and Manipulation Act (POFMA) was passed in Parliament on Wednesday (8 May), bringing to a close a process which began with the Select Committee on Deliberate Online Falsehoods holding public hearings early last year.


The new law comes as governments around the world grapple with the spread of fake news, and its potential impact to sow social discord or even political upheavals such as affecting the outcome of elections.


The Singapore government has said that the new law will help society guard against malicious actors who knowingly spread harmful falsehoods and act against public interest. It has stressed that the law targets falsehoods, not opinions and criticisms, nor satire or parody.


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With the big club against fake news
Singapore has issued a harsh law against fake news. Already so far the government in controlled democracy has strongly controlled public opinion

In the Republic of Singapore, where the same party has been in power since the founding of the state in 1965, an "anti-fake news law" has been in force since Thursday, with which the government can deliberately prevent false reports - or at least what it considers as such. Accordingly, new ministers may decide whether facts are misrepresented in traditional and social media or are contrary to the public interest. Offenders face fines of up to one million Singapore dollars, around 750,000 francs, or imprisonment of up to ten years.

Keeper of the truth - The law, known as the Protection from Online Falsehoods and Manipulation Act, passed by 79 votes to nine in parliament. All votes against come from the opposition workers' party. Their deputies argued that it gave ministers far too much power over the media and the dissemination of information. The minister's upheavals as the guardian of the truth are causing discontent even among government-controlled local media. For example, Singapore Press Holding recently voted for the establishment of an independent audit firm, but in vain.

It is undisputed that fake news can present problems in the modern communications age. The same applies to the city-state, whose authorities have traditionally been extremely sensitive to false, inaccurate or critical reports. Since then, various "fake news laws" have already been issued worldwide . The profound Singapore version is justified by the ministers in this country but above all with the urgency of rectifications: courts are not able to make a judgment on this within a few hours. That is why this competence falls to the ministers. Companies or persons who do not want to accept their decision can call a court according to the law.

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Singapore’s online falsehoods bill will deepen a culture of self-censorship

Singapore’s proposed legislation against online falsehoods is probably the world’s boldest and most elaborate attempt to regulate disinformation since “fake news” muscled its way to the top of the global agenda two-plus years ago.

The proposed Protection from Online Falsehoods and Manipulation Act (POFMA) would empower the state to issue correction or take-down orders, or to fine and jail offenders in more serious cases. To close loopholes that malicious actors might exploit, the law gives government ministerswide latitude to intervene in online communications. The authorities will end up with the kind of discretionary powers their counterparts in liberal democracies can only dream of.

Those powers are a source of comfort for Singapore’s security-minded officials, and many of its citizens. Critics, however, are alarmed that the bill sidelines the courts and denies any role for an independent public body to mediate and moderate elected officials’ use of its powers. Under the bill’s definition of “public interest”, it would be legitimate to order take-downs of articles containing falsehoods that are deemed to diminish public confidence in the work of any government agency, regardless of whether that agency deserves its current levels of public confidence, or how material the falsehood is to the thrust of the article. As the International Commission of Jurists said in a letter to the government, the bill’s provisions “present a real risk that it can be wielded in an arbitrary manner to curtail important discussion of matters of public interest in the public sphere, including content critical of the government”.

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Singapore passes ‘fake news’ law despite fierce criticism
Tourists gather in front of the iconic statue of the Merlion in Singapore on February 8, 2012. Singapore’s parliament on Wednesday, May 8, 2019, passed laws to combat ‘fake news’ that will allow authorities to order the removal of online content despite fierce criticism from tech giants and rights groups. AFP FILE

Singapore’s parliament Wednesday passed laws to combat “fake news” that will allow authorities to order the removal of online content despite fierce criticism from tech giants and rights groups.


They give government ministers powers to order social media sites like Facebook and Twitter to put warnings next to posts authorities deem to be false, and in extreme cases get them taken down.


If an action is judged to be malicious and damaging to Singapore’s interests, companies could be hit with fines of up to Sg$1 million ($735,000). Individuals could face jail terms of up to 10 years.


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Why Singapore’s moves to curb ‘fake news’ may backfire
Singapore is an island nation that has effectively been a single-party state for decades. (Nicky Loh/Bloomberg)

While President Trump liberally applies the label “fake news” to any reporting he wants to discredit, other authoritarian governments have weaponized the term as an opportunity to suppress civil society. Using “fake news,” they create narratives to justify creating more tools of control and oppression, at the expense of trust-building and openness, two crucial elements in fighting the spread of disinformation.

In Singapore, the government frames the issue as one of vulnerability and security. “Fake news” was included in a five-part television series on national-security threats, alongside lone-wolf attacks, cyberterrorism and chemical attacks.

“Disinformation can destroy lives, disrupt the economy and damage our collective identity as a nation,” warned the Ministry of Home Affairs in a post on its website to accompany an episode of the broadcast.

related: New Naratif’s Kirsten Han wins Human Rights Press Awards 2019 for article on fake news bill

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Singapore’s opposition calls fake-news bill a ‘Damocles sword’ hanging over the public
Singapore’s flag flies over Parliament House. The island nation’s proposed tough new measures to combat “fake news” have sparked concerns of new curbs on free speech. Photo: AFP

Singapore’s tiny parliamentary opposition on Tuesday said it would oppose the government’s proposed law to combat fake news, citing concerns that it could become a “Damocles sword” used by the long-ruling People’s Action Party (PAP) against its critics.


The parliamentary speech by Workers’ Party chief Pritam Singh followed a two-hour address to the legislature by the Home Affairs and Law Minister K. Shanmugam, beating back robust opposition of the proposed bill by academics and global technology giants.


Shanmugam’s speech kick-started a rare marathon debate in the 101-seat legislature, in which the PAP has a supermajority. The proposed Protection from Online Falsehoods and Manipulation (Pofma) bill is likely to pass without amendment on Wednesday.


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'Cyber flashers' in Singapore could now get two years in prison


Singapore has criminalized the sending of unsolicited intimate images, or "cyber flashing," as part of a major crackdown on sexual harassment online.


The city state's parliament approved reforms to its criminal law on Monday, also including other new offenses for upskirt photography, and sharing or threatening to share sexual images, so-called "revenge porn."


Anyone found guilty of "cyber flashing" could receive a custodial sentence of up to two years, while taking upskirt photos or videos is punishable by up to to two years in prison -- five years if the images are shared online. Courts can also impose fines and canings for offenses, common punishments in Singapore.


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Who Gets to Define Fake News? In Singapore, a Debated Question


Singapore’s ruling party defended its planned bill to combat "fake news" amid continued debate about who gets to define what’s true and false.


Under a new bill backed by the government, it will be government ministers who make that call.


Expected to become law later this year, it has raised questions in a city-state where an openness to international business is key to the country’s viability.


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Singapore passes fake news law amid freedom-of-speech fears


Singapore’s parliament on Wednesday passed an anti-fake news bill that has been criticised by rights groups, journalists and tech firms over fears it could be used to clamp down on freedom of speech.


The law will require online media platforms to carry corrections or remove content the government considers to be false, with penalties for perpetrators running as high as prison terms of up to 10 years or fines up to S$1 million (RM3.05 million).


The Prevention from Online Falsehoods and Manipulation Bill passed with 72 members voting in favour. All nine opposition lawmakers voted against, local media reported.


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All you need to know about the debate on S’pore’s proposed fake news laws

The Protection from Online Falsehoods and Manipulation Bill (Pofma) was passed by Parliament on Wednesday (May 8) at about 10.20 pm after a marathon debate involving seven political office holders and 31 Members of Parliament (MP) over two days.


In a wrap-up speech stretching over an hour, Home Affairs and Law Minister K Shanmugam rebutted the various points raised by the Workers’ Party (WP), which had opposed the Bill.


WP chief Pritam Singh called for a division twice, at the second and third readings. In a division, the vote of each MP is collected and tabulated through an electronic voting system to ascertain whether the motion has the support of two-thirds of the total number of elected MPs.


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Law Minister says there is no civil liability for sharing fake news, so why is Leong Sze Hian being sued for civil defamation?

On Thursday (9 May), tech and lifestyle site Vulcan Post posted a video where they had invited the Law and Home Affairs Minister K Shanmugam to answer some questions asked by netizens regarding the controversial Protection from Online Falsehoods and Manipulation Bill (POFMA).


One of the questions that was raised was whether an individual will go to jail if he or she shares a fake news.


As a reply, Mr Shanmugam clearly said that if a person receives a news and forward it in good faith, then there is no problem with it at all.


“There is no criminal liability, there is not civil liability. At most, you will receive a correction. So you don’t even need to worry about jail and so one,” he said.


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K Shanmugam Sc Like This Page · 2 April


The Protection from Online Falsehoods and Manipulation Bill was tabled in Parliament yesterday.


The proposed law targets false statements of fact – not opinions, not criticisms.


There’s been some debate online over the Government becoming the “arbiter of truth”. This is not the case.


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Michelle Chong Like This Page · 4 May at 18:00


Premium Lian interview Dua Liap Minister K Shanmugam Sc

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Freedom in the World 2019
Overview - Singapore’s parliamentary political system has been dominated by the ruling People’s Action Party (PAP) and the family of current prime minister Lee Hsien Loong since 1959. The electoral and legal framework that the PAP has constructed allows for some political pluralism, but it constrains the growth of credible opposition parties and limits freedoms of expression, assembly, and association.

KEY DEVELOPMENTS IN 2018:

  • In January, Parliament established a Select Committee on Deliberate Online Falsehoods. In March, after a local historian asserted in a submission to the committee that the PAP government had itself disseminated falsehoods by misrepresenting a past crackdown on alleged communist plots against the state, he was questioned for six hours in a public hearing led by the home affairs minister. The combative hearing and others like it raised concerns about freedom of expression and academic freedom.
  • In April, the president signed the Public Order and Safety (Special Powers) Act, which granted the home affairs minister and police enhanced authority in the context of a “serious incident” such as a terrorist attack or mass protest. Officials would be permitted to potentially use lethal force and halt media coverage and online communications surrounding the incident in question.
  • Two PAP-run town councils pressed lawsuits against three members of Parliament (MPs) from the opposition Workers’ Party (WP) for alleged breaches of their fiduciary duties. The cases, which placed the defendants under significant financial pressure, began to be heard in October and were ongoing at year’s end.
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Brad Bowyer July 2 at 6:22 PM

Sadly we are now 133rd in the world freedom index and declining.... And we give that freedom up for what?

Time for us all to seriously think if we need a change from "rulership" to "leadership" to give the majority of us any future outside PAP servitude... or can we tahan this state of affairs a little while longer before it becomes unbearable?

But then what will be left of Singapore if we wait?

Full Coverage:
'Very onerous' process to challenge order content deemed as online falsehood
Singapore's fake news law passed amid partisan divide
Ministers issuing directives, with scope for judicial review, strikes best balance
Fake news law does not stifle academic research; scholars' real concern 
Exemption of Gov from being sued under POHA amendments 'glaring omission'
WP slams exemption of Gov from being sued for falsehoods under enhanced

Parliament: Fake news law passed after 2 days of debate
May not be possible for courts to decide on a falsehood 'in a matter of hours'
Singapore's fake news law passed amid partisan divide
NMPs hold firm on call for amendments to fake news Bill, ask for a vote
Spore passes Protection from Online Falsehoods and Manipulation (POFMA)
Parliament passes Bill to tackle online falsehoods after lengthy debate spread
Gov must have powers to deal with falsehoods initially and swiftly, not courts
Fake news law needed to retain trust in key institutions: Minister
Laws to fight fake news passed, Workers' Party rapped for opposing move
Independent council 3 NMPs may lead to 'unnecessary bureaucratic bloat'
Tech firms are partners but can't be left to check themselves: Minister
Online falsehoods weaponised to destroy trust: Shanmugam
No need for independent body to assess falsehoods, Parliament is accountable
Gov confirms that fake news law will also cover WhatsApp & closed Facebook
Netizens displeased after hearing POFMA will be applied on closed platforms
'Very onerous' process challenge order on content deemed as online falsehood
Executive arm of Govt should not be arbiter of what constitutes falsehoods
Is this fake news under proposed law? Shanmugam sets out 4 scenarios
Fake news law: Courts to hear appeals in as few as 9 days
Why independent council to review Govt's actions is not necessary
Fake news law covers closed platforms chat groups & social media groups
All you need to know about the debate on S'pore's proposed fake news laws
MPs spar on need for executive action, independent body to check powers
Some critics have limited understanding of laws to curb fake news
With democracy at stake, fake news laws will support 'infrastructure of fact'
Workers' Party opposes online falsehoods Bill, says Pritam Singh
PAP and WP MPs at loggerheads on several issues
Fact or opinion? Shanmugam explains difference with 5 examples
Shanmugam addresses concerns over proposed online falsehoods
WP calls Gov out for its exemption from lawsuits under enhanced POHA
Appeal against minister's decision under fake news law be heard in 6 days
Edwin Tong “overwhelming majority of Sporeans” want strong fake news laws
Legislation needed for tech companies in tackling fake news
Who Gets to Define Fake News? In Singapore, a Debated Question
New legislation needed to deal with online falsehoods
83% of Singaporeans prefer independent body to assess online falsehoods
Addressing misconceptions of the new POFMA Bill
Singapore opposition echoes public calls to scrap proposed fake news law
Singapore’s fake news bill a ‘Damocles sword’ for public: opposition
Still "time" left to "appropriately revise" proposed POFMA
Parliament: Fake news law passed after 2 days of debate
May not be possible for courts to decide on a falsehood 'in a matter of hours'
Gov must have powers to deal with falsehoods initially and swiftly, not courts
POFMA will be applied on closed platforms like chat groups & social media
Parliament passes Bill to tackle online falsehoods after lengthy debate

Gov must have powers to deal with falsehoods initially & swiftly, not courts
Bill proposes up to 10 yrs' jail for individuals who deliberately spread fake news
NMPs express concerns over fake news bill, propose amendments

Factually cases on POFMA:

Lee Kuan Yew: I WILL GET UP!

Rel
ated:
Man charged in court instead of being POFMAed
Cases where POFMA has been invoked
5th case where Pofma has been invoked
First challenge against POFMA fake news law
Singapore rebuts Foreign Media on fake news law
Tis the season to be #POFMA-ed
3 Instances Of POFMA Invoked
Facebook gives way to Singapore’s ‘fake news’ law
POFMA fake news law invoked for first time
PM Lee: “POFMA would catch you!”
K Shanmugam to ‘Ah Lian’: POFMA is like a Torchlight
Singapore's fake news law passed
Singapore introduces anti-fake news law
Singapore PM sues online editor
Singapore PM threatens online editor with libel
PM Lee sues Blogger for sharing article
MDA tells The Online Citizen to register under Broadcasting Act
Mothership.sg To Register Under Broadcasting Act
Blogger asked to remove defamatory post about PM Lee
Why is Facebook in trouble?
"Can we love our Country and fear at the same time?”
The 'Dr Mahathir-Activists KL Meeting' Saga
States Times Review to shut down
Thumping of PJ Thum over ‘fake news’ hearing
Parliamentary committee on Fake News
Law to combat fake news to be introduced next year
Combating fake news in Singapore

Fakes and Frauds
Singapore public servants' computers no Internet from May 2017