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High Court dismisses Jom’s appeals against correction directions under Singapore’s fake news law

The Singapore High Court dismissed appeals by The Inquiry Pte Ltd (TIPL), operator of Jom, regarding correction directives under POFMA about alleged misleading statements on Cabinet ministers’ bungalow rentals. Judge Valerie Thean’s decision relied on a landmark POFMA judgment framework.

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SINGAPORE: The High Court has dismissed appeals by The Inquiry Pte Ltd (TIPL), the operator of the online publication Jom, against two correction directions (CDs) it received in July under the Protection from Online Falsehoods and Manipulation Act (POFMA).

The directions were issued after Jom released a “weekly digest” concerning the rental of bungalows on Ridout Road rented by two Cabinet ministers.

In response, the Second Minister for Law, Edwin Tong, and Minister for Communications and Information, Josephine Teo, called for the corrections under POFMA.

While Jom adhered to the directives by placing correction notices on its website and Facebook page, its Editor-in-chief, Sudhir Thomas Vadaketh, had stated his intentions to contest them.

TIPL was represented by lawyers Jordan Tan and Victor Leong from Audent Chambers, as well as Keith Han and Angela Phoon from Oon & Bazul, while the Attorney-General’s team comprised Deputy Chief Counsel Kristy Tan, Senior State Counsel Jeyendran Jeyapal, Deputy Senior State Counsel Tan Zhongshan, and State Counsel Allen Lye.

In the judgment delivered on Wednesday (6 Sep), High Court Judge Valerie Thean confirmed that Jom’s article contained three factually incorrect statements.

Among these was a claim that the Singapore Land Authority spent over S$1 million (US$0.76 million) on bungalow renovations because of the anticipated tenancy of the ministers.

The POFMA directives revolved around two segments of the July 7th digest titled “No corruption by the Rajahs of Ridout, but many questions unanswered” and “Did Instagram accede to a censorship request by the Rajah?”

The articles followed revelations that Ministers K Shanmugam and Dr. Vivian Balakrishnan were tenants at the Ridout Road bungalows, prompting queries from opposition figures regarding potential below-market-rate rents.

Reviews initiated by Prime Minister Lee Hsien Loong cleared the ministers of any illicit activities or misconduct.

Key Points from the Judge’s Ruling:

The first controversial statement involved Senior Minister Teo Chee Hean’s reply concerning potential conflicts of interest and the conduct code for ministers. The article allegedly omitted vital context regarding Minister Shanmugam’s recusal, negating any actual or potential conflict.

The second contested statement revolved around the SLA’s alleged excessive expenditure on bungalow renovations due to the ministers’ tenancy.

Lastly, Jom’s article hinted at government involvement in Instagram’s geo-blocking of a post by Charles Yeo, ex-chairman of the Reform Party.

The publication allegedly drew speculative connections between Instagram’s parent company, Meta, and authoritarian governments, even though it acknowledged no evidence of Meta’s association with Singapore’s ruling People’s Action Party.

Judge Thean’s decisions leaned on a five-step framework from a landmark POFMA judgment involving The Online Citizen (TOC) Pte Ltd in 2021.

While TIPL conceded during the appeal that the statements were false, it maintained that there was no intent behind them and refuted the ministers’ claims on the specifics of their content.

TIPL situated its arguments strictly within the second step of the TOC framework, which examines the alignment of the minister’s interpretation with the article’s intended meaning and how it would be perceived by a potential Singaporean audience.

While Jom argued that the ministers should strictly adhere to their subject statements and contended that no reasonable reader would derive the implied meanings, Judge Thean disagreed.

On the facts, TIPL also argues that the addenda makes it very clear that all three subject statements do not pass muster under the second step of the TOC framework and so both CDs ought to be set aside.

Judge Thean mentioned that Jom’s post-direction article addenda, clarifying its intent, held no weight in deciding if the correction directions should be revoked.

“The addenda do nothing to neutralise the slant of the subject material, where the subject statement is not literally made but set out as a logical conclusion for the reader. A reasonable reader, reading the subject material together with only the denials, would be left none the wiser but bemused, rather, by the anomaly between the import of the subject material and its accompanying addenda. Hence the AG’s contention that the addenda reflect sardonic humour. Whatever the case, it is the presence of the Correction Notice that supplies the answer to the logical query that has arisen.” wrote Justice Thean in her ruling.

The judge has directed further submissions on costs if the two parties are unable to agree. Each should write in to the court within ten days of the ruling on 6 September.

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Crime

Singaporean fugitive deported from Thailand, to be charged with drug trafficking

A Singaporean fugitive arrested in Thailand, was deported to Singapore on 19 September 2024 and faces drug trafficking charges. Authorities expect him to face the death penalty under Singapore’s tough drug laws for running a smuggling operation between Thailand, Australia, and Singapore.

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8 hours ago

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19 September 2024

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A 31-year-old Singaporean man, wanted for drug trafficking offences, was arrested in Thailand and deported to Singapore on 19 September 2024.

The fugitive, identified as Benny Kee Soon Chuan, was apprehended by Thai police at his residence near Bangkok’s Suvarnabhumi Airport and will face charges in court on 20 September.

Kee, described as a high-level trafficker, ran a smuggling operation that trafficked crystal methamphetamine, ketamine, and Ecstasy to Australia and Singapore using Thailand as a transit hub, according to Pol Lt Gen Panurat Lakboon, secretary-general of Thailand’s Office of the Narcotics Control Board (ONCB).

Cross-Border Investigation and Arrest

The Central Narcotics Bureau (CNB) of Singapore had issued an arrest warrant for Kee following investigations into two drug trafficking cases in December 2020 and November 2022.

He had been on the run since 11 April 2016, prompting CNB to collaborate with its international counterparts, including the ONCB. Thai authorities were tipped off by CNB on 12 August 2024, and after weeks of investigation, Kee was apprehended on 17 September.

Thai immigration officials revealed that Kee had entered Thailand earlier in 2024 using a Vanuatu passport.

Following his arrest, Kee’s Thai visa was cancelled, and assets worth 15 million baht (S$585,000), including luxury watches, gold pieces, and a luxury car, were seized during a raid on his residence in Samut Prakan.

Lt Gen Panurat confirmed that the fugitive had been living an affluent lifestyle in Thailand despite lacking legitimate employment.

Links to Broader Drug Network

Kee is believed to be linked to other Singaporean traffickers involved in the smuggling of drugs from Thailand.

In March 2021, Thailand’s Anti-Trafficking in Persons Task Force (AITF) intercepted packages containing Ecstasy and ketamine destined for Singapore, as well as crystal methamphetamine bound for Australia.

Two other Singaporean men, aged 21 and 29 at the time of their arrests, were later sentenced to imprisonment and caning in Singapore for their involvement in these operations, which were connected to Kee’s trafficking network.

Death Penalty Under Singaporean Law

Kee’s deportation to Singapore brings him under the jurisdiction of Singapore’s severe drug laws, which prescribe the death penalty for those convicted of trafficking substantial amounts of controlled substances.

Singaporean authorities have indicated that he could face the death penalty under the country’s strict drug trafficking laws. Pol Lt Gen Panurat indicated that Singaporean authorities are expected to seek the maximum penalty for Kee’s alleged offences.

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Arts & Culture

Epigram Books to close SAM bookshop amid low sales and footfall

Epigram Books will shut down its bookshop at the Singapore Art Museum on 26 January 2025, citing low sales and foot traffic. The independent bookstore, known for supporting local authors, will continue to operate its online store, but its future in brick-and-mortar retail is uncertain.

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9 hours ago

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19 September 2024

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Epigram Books, a major supporter of Singaporean literature, will close its Epigram Coffee Bookshop at the Singapore Art Museum (SAM) on 26 January 2025.

The decision comes after years of struggling with low sales and foot traffic at the Tanjong Pagar Distripark location, marking the end of the bookstore’s three-year lease.

The announcement on 19 September follows Times Bookstores’ closure of its final outlet in Holland Road, highlighting the growing challenges faced by brick-and-mortar bookstores in Singapore.

Edmund Wee, publisher at Epigram Books, expressed disappointment, stating: “We tried everything to make this work. Over the past three years, we’ve often asked ourselves, how many people even knew our bookstore existed here, let alone visited?”

Despite efforts to boost traffic, including operating shuttles to increase accessibility, the bookstore struggled to attract visitors consistently.

Epigram Coffee Bookshop, previously located at the Urban Redevelopment Authority Centre on Maxwell Road and later in a pop-up at Beach Road, relocated to SAM in May 2022 in partnership with Balestier Market Collective.

The 20-seater store featured towering shelves showcasing local and Southeast Asian titles, including books from other independent publishers like Ethos Books and Math Paper Press.

However, the location’s industrial setting, which only saw spikes in visitors during major exhibitions like Olafur Eliasson’s, limited consistent footfall.

The closure coincides with the end of Eliasson’s exhibit on 22 September 2024. Although the exhibition provided a temporary boost to the bookshop’s sales, Epigram noted that the increased traffic was short-lived.

Epigram’s future in physical retail remains uncertain. Mr Wee indicated that high rental costs make reopening a physical store unlikely: “Unless rent prices relent, it’s unlikely we’ll move into another space.”

Epigram Books has been a significant presence in Singapore’s independent book scene, promoting local authors and holding literary events.

The bookshop was also a community hub for the literary arts, hosting numerous book launches and events supporting local writers. “These spaces are special to our literary arts community. They’re where book lovers gather, where literary events and book launches happen in support of our writers,” said Mr Wee.

Despite the closure of the SAM store, Epigram will continue to operate its online store. The publisher emphasized the need for continued support from readers: “We’ve come this far with everyone’s support, and we look forward to continued support from our readers as we transition to focus on online sales.”

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