What Court of Appeal's judgment on Pofma may mean for Fica

The parties to which Pofma and Fica are targeted at occupy the same cyberspace, but it is necessary to be mindful of the nuances in assessing the constitutionality of each statute

The Supreme Court against the city skyline. Last Friday, the Court of Appeal upheld Pofma’s constitutionality. This, the writers say, provides an important lens to consider Parliament’s passing a few days earlier of the Bill that will lead to the Foreign Interference (Counter- measures) Act (Fica), which will counteract the conduct of hostile information campaigns by foreign actors as well as foreign interference effected through local proxies.ST FILE PHOTO

Last Friday, a five-judge Singapore Court of Appeal, in a landmark decision, considered the scope and application of the Protection from Online Falsehoods and Manipulation Act (Pofma) and upheld its constitutionality.

Since Pofma's enactment in October 2019, there has been considerable public interest in the ambit of Pofma because online falsehoods have the potential to affect everyone in Singapore. Correction Directions issued by the relevant Minister, which are the primary tools to counteract the communication of online falsehoods, have also been in the media limelight.

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