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POFMA Explained: Correction and Stop Communication Directions

By Recording Law Editorial Team8 min read
POFMA Explained: Correction and Stop Communication Directions

Frequently Asked Questions

What is a Correction Direction under POFMA?

A Correction Direction is a Part 3 Direction under the Protection from Online Falsehoods and Manipulation Act 2019. It requires the person who communicated a statement to carry a correction notice alongside it, or to communicate a correction notice to those who saw it. It does not require the statement to be taken down. It is issued by a Minister and administered through the POFMA Office.

What is the difference between a Correction Direction and a Stop Communication Direction?

A Correction Direction requires a correction notice to be carried alongside the statement, which can remain up. A Stop Communication Direction requires the person to stop communicating the statement in Singapore, which in practice means taking it down. Both are Part 3 Directions issued by a Minister under POFMA.

Can you appeal a POFMA direction?

Yes, to the General Division of the High Court, but only after first applying to the Minister to vary or cancel the direction and being refused (s 17(2)). The Supreme Court states that the appeal must be filed within 14 days of the Minister's refusal, a period set by the Rules of Court, which s 17(3) of the Act defers to. The direction remains in effect during the appeal under s 17(6).

On what grounds can a POFMA direction be set aside?

Under s 17(5) the High Court may set a Part 3 Direction aside on only three grounds: the person did not communicate the subject statement in Singapore; the subject statement is not a statement of fact, or is a true statement of fact; or it is not technically possible to comply with the direction. These are the only grounds available on appeal.

How is POFMA different from a defamation claim?

POFMA is a public-interest correction mechanism. A direction is issued by a Minister in response to a false statement of fact communicated in Singapore against the public interest, no finding of reputational harm is required, and the remedy is a correction or a stop-communication order. Defamation is a private tort brought by an individual claimant to protect reputation, decided by a court, with damages as the remedy. The two are separate legal tracks that can in principle apply to the same statement.

Sources and References

  1. Protection from Online Falsehoods and Manipulation Act 2019(sso.agc.gov.sg).gov
  2. Protection from Online Falsehoods and Manipulation Act 2019, s 17 (appeals to the General Division of the High Court)(sso.agc.gov.sg).gov
  3. POFMA Office, the Competent Authority administering directions under POFMA(pofmaoffice.gov.sg).gov
  4. Supreme Court of Singapore, appeals under the Protection from Online Falsehoods and Manipulation Act (from 1 April 2022)(judiciary.gov.sg).gov
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