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Professor Cherian George discusses the demerits of the POFMA act

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5 years ago

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Earlier this week, World Politics Review (WPR) released a 36-minute interview podcast with Cherian George, a Professor in the Department of Journalism at Hong Kong Baptist University. In it, the learned professor addressed Singapore’s new fake news law also known as Protection from Online Falsehoods and Manipulation Act (POFMA).

A Singaporean himself, Prof George explained in detail his many concerns about POFMA. According to him, POFMA arms the government with excessive power that it can wield in any way it likes. The law, he says, has very little to do with “cleaning the information environment” like dealing with genuine problems such as the spread of hate propaganda.

In effect, Prof George says the Act erodes the trust the public have in the institutions of the government.

“You have to build trust in the institutions. Both in the government as well as in the press. And so on”, he quips.

This law, he explains, works counter intuitively as it kills the freedom of speech which includes good faith in journalism. As a result, it creates more cynicism in the eyes of the public.

“It tells people, we can’t even trust the academics. We can’t even trust good faith” he said.

Prof George also noted that the closest targets of POFMA in recent months have been alternative online news sites.

This is in reference to States Times Review (STR) being served correction orders on three separate occasions for publishing falsehoods on various issues, including the coronavirus situation in Singapore. Earlier this month, the STR Facebook page was designated a Declared Online Location (DOL) and an order for Facebook to ban access to the page in Singapore. This led to the page being effectively shut down and converted into a Facebook page for a different alternative news site called The Real Singapore.

Apart from this, the professor says that POFMA has been used to go after political opposition members who are just engaging in a public debate. Therefore, openly it can be seen as an abuse of the Act rather than its original intention to protect Singapore’s national security, he pointed out.

However, with the upcoming General Election, the Professor opines that POFMA will not hinder or limit the speech of opposition politicians. Over the years, the opposition members have become more experienced in navigating the Singapore political terrain.

At the same time, the Professor forecasts that the Act may be used against foreign media who operate with more freedom to cover the local elections.

Given that scenario, Prof George believes there could be a calibrated censorship where the government does not really impose open restrictions but instead creates a haze in the minds of journalists to self-censor themselves.

In response to a question by the interviewer on how people, as consumers of news, could be protected from falsehoods that is prevalent in the media, the professor proffered that the long term solution would involve pre-bunking instead of fact checking the posts. In other words, this means the minds of the public have to be cultivated not only to be more media literate but also to be more politically literate.

“You need to understand that there are more powerful interests in the information eco-sphere that is trying to manipulate some debates. You need to understand what their interests are. You need to understand, for example, who is behind the certain things you might hear. So it is to warn the audience, ahead of time to the kinds of manipulation that they are likely to face”, added Prof George.

The professor elaborated that this type of manipulation is “scapegoating”, especially when the blame is squarely placed on minority groups by politicians. It is understandable that there would be a manipulation of emotions, and therefore, when approaching issues such as these, the Professor recommends that people should be trained to practice scepticism and being objective.

On whether other Southeast Asian countries would follow Singapore’s footsteps to introduce similar laws, the Professor believes that this would not occur.

“I would predict a far greater push back against any such bill. These are countries that have bigger oppositions, more vocalized society, and fairly active legal communities. You probably would have lawyers on the streets, in Indonesia, Malaysia and other countries in Asia if something as extreme as Singapore’s law was ever mooted” he said.

The professor concluded, “Singapore is an unusual case of an illiberal regime that believes in doing things by the book to an almost obsessional degree. It’s been called ruled by law as opposed to rule of law, which is why you end up with this which is uniquely a Singaporean creature of a very detailed sophisticated written statute to achieve what most non democracies would simply do by fear.”

Last year, the professor had written an exhaustive document entailing his observations and concerns that he had on the law.

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TJC issued 3rd POFMA order under Minister K Shanmugam for alleged falsehoods

The Transformative Justice Collective (TJC) was issued its third POFMA correction order on 5 October 2024 under the direction of Minister K Shanmugam for alleged falsehoods about death penalty processes. TJC has rejected the government’s claims, describing POFMA as a tool to suppress dissent.

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12 hours ago

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6 October 2024

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The Transformative Justice Collective (TJC), an advocacy group opposed to the death penalty, was issued its third Protection from Online Falsehoods and Manipulation Act (POFMA) correction direction on 5 October 2024.

The correction was ordered by Minister for Home Affairs and Law, K Shanmugam, following TJC’s publication of what the Ministry of Home Affairs (MHA) alleges to be false information regarding Singapore’s death row procedures and the prosecution of drug trafficking cases.

These statements were made on TJC’s website and across its social media platforms, including Facebook, Instagram, TikTok, and X (formerly Twitter).

In addition to TJC, civil activist Kokila Annamalai was also issued a correction direction by the minister over posts she made on Facebook and X between 4 and 5 October 2024.

According to MHA, these posts echoed similar views on the death penalty and the legal procedures for drug-related offences, and contained statements that the ministry claims are false concerning the treatment of death row prisoners and the state’s legal responsibilities in drug trafficking cases.

MHA stated that the posts suggested the government schedules and stays executions arbitrarily, without due regard to legal processes, and that the state does not bear the burden of proving drug trafficking charges.

However, these alleged falsehoods are contested by MHA, which maintains that the government strictly follows legal procedures, scheduling executions only after all legal avenues have been exhausted, and that the state always carries the burden of proof in such cases.

In its official release, MHA emphasised, “The prosecution always bears the legal burden of proving its case beyond a reasonable doubt, and this applies to all criminal offences, including drug trafficking.”

It also pointed to an article on the government fact-checking site Factually to provide further clarification on the issues raised.

As a result of these allegations, both TJC and Annamalai are now required to post correction notices. TJC must display these corrections on its website and social media platforms, while Annamalai is required to carry similar notices on her Facebook and X posts.

TikTok has also been issued a targeted correction direction, requiring the platform to communicate the correction to all Singapore-based users who viewed the related TJC post.

In a statement following the issuance of the correction direction, TJC strongly rejected the government’s claims. The group criticised the POFMA law, calling it a “political weapon used to crush dissent,” and argued that the order was more about the exercise of state power than the pursuit of truth. “We have put up the Correction Directions not because we accept any of what the government asserts, but because of the grossly unjust terms of the POFMA law,” TJC stated.

TJC further argued that the government’s control over Singapore’s media landscape enables it to push pro-death penalty views without opposition. The group also stated that it would not engage in prolonged legal battles over the POFMA correction orders, opting to focus on its abolitionist work instead.

This marks the third time TJC has been subject to a POFMA correction direction in recent months.

The group was previously issued two orders in August 2024 for making similar statements concerning death row prisoners.

In its latest statement, MHA noted that despite being corrected previously, TJC had repeated what the ministry views as falsehoods.

MHA also criticised TJC for presenting the perspective of a convicted drug trafficker without acknowledging the harm caused to victims of drug abuse.

Annamalai, a prominent civil rights activist, is also known for her involvement in various social justice campaigns. She was charged in June 2024 for her participation in a pro-Palestinian procession near the Istana. Her posts, now subject to correction, contained information similar to those presented by TJC regarding death penalty procedures and drug-related cases.

POFMA, which was introduced in 2019, allows the government to issue correction directions when it deems falsehoods are being spread online.

Critics of the law argue that it can be used to suppress dissent, while the government asserts that it is a necessary tool for combating misinformation. The law has been frequently invoked against opposition politicians and activists.

As of October 2024, Minister K Shanmugam has issued 17 POFMA directions, more than any other minister. Shanmugam, who was instrumental in introducing POFMA, is followed by National Development Minister Desmond Lee, who has issued 10 POFMA directions.

Major media outlets, including The Straits Times, Channel News Asia, and Mothership, have covered the POFMA directions. However, as of the time of writing, none have included TJC’s response rejecting the government’s allegations.

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Current Affairs

Hotel Properties Limited suspends trading ahead of Ong Beng Seng’s court hearing

Hotel Properties Limited (HPL), co-founded by Mr Ong Beng Seng, has halted trading ahead of his court appearance today (4 October). The announcement was made by HPL’s company secretary at about 7.45am, citing a pending release of an announcement. Mr Ong faces one charge of abetting a public servant in obtaining gifts and another charge of obstruction of justice. He is due in court at 2.30pm.

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3 days ago

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4 October 2024

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SINGAPORE: Hotel Properties Limited (HPL), the property and hotel developer co-founded by Mr Ong Beng Seng, has requested a trading halt ahead of the Singapore tycoon’s scheduled court appearance today (4 October) afternoon.

This announcement was made by HPL’s company secretary at approximately 7.45am, stating that the halt was due to a pending release of an announcement.

Mr Ong, who serves as HPL’s managing director and controlling shareholder, faces one charge under Section 165, accused of abetting a public servant in obtaining gifts, as well as one charge of obstruction of justice.

He is set to appear in court at 2.30pm on 4 October.

Ong’s charges stem from his involvement in a high-profile corruption case linked to former Singaporean transport minister S Iswaran.

The 80-year-old businessman was named in Iswaran’s initial graft charges earlier this year.

These charges alleged that Iswaran had corruptly received valuable gifts from Ong, including tickets to the 2022 Singapore Formula 1 Grand Prix, flights, and a hotel stay in Doha.

These gifts were allegedly provided to advance Ong’s business interests, particularly in securing contracts with the Singapore Tourism Board for the Singapore GP and the ABBA Voyage virtual concert.

Although Iswaran no longer faces the original corruption charges, the prosecution amended them to lesser charges under Section 165.

Iswaran pleaded guilty on 24 September, 2024, to four counts under this section, which covered over S$400,000 worth of gifts, including flight tickets, sports event access, and luxury items like whisky and wines.

Additionally, he faced one count of obstructing justice for repaying Ong for a Doha-Singapore flight shortly before the Corrupt Practices Investigation Bureau (CPIB) became involved.

On 3 October, Iswaran was sentenced to one year in jail by presiding judge Justice Vincent Hoong.

The prosecution had sought a sentence of six to seven months for all charges, while the defence had asked for a significantly reduced sentence of no more than eight weeks.

Ong, a Malaysian national based in Singapore, was arrested by CPIB in July 2023 and released on bail shortly thereafter. Although no charges were initially filed against him, Ong’s involvement in the case intensified following Iswaran’s guilty plea.

The Attorney-General’s Chambers (AGC) had earlier indicated that it would soon make a decision regarding Ong’s legal standing, which has now led to the current charges.

According to the statement of facts read during Iswaran’s conviction, Ong’s case came to light as part of a broader investigation into his associates, which revealed Iswaran’s use of Ong’s private jet for a flight from Singapore to Doha in December 2022.

CPIB investigators uncovered the flight manifest and seized the document.

Upon learning that the flight records had been obtained, Ong contacted Iswaran, advising him to arrange for Singapore GP to bill him for the flight.

Iswaran subsequently paid Singapore GP S$5,700 for the Doha-Singapore business class flight in May 2023, forming the basis of his obstruction of justice charge.

Mr Ong is recognised as the figure who brought Formula One to Singapore in 2008, marking the first night race in the sport’s history.

He holds the rights to the Singapore Grand Prix. Iswaran was the chairman of the F1 steering committee and acted as the chief negotiator with Singapore GP on business matters concerning the race.

 

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