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Singapore authorities lift access block on East Asia Forum despite non-compliance of POFMA Correction Direction

The POFMA office revealed on Friday that the Correction Direction issued to East Asia Forum (EAF) under the Protection from Online Falsehoods and Manipulation Act (POFMA) has been canceled. Subsequently, the Minister for Communications and Information directed IMDA to lift access blocking orders on EAF’s website.

Under POFMA, Individuals may face fines of up to S$20,000, imprisonment for up to 12 months, or both for non-compliance with a POFMA Correction Direction, while entities could be fined up toS$500,000 for non-compliance.

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12 months ago

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SINGAPORE: In a recent development, both the Correction Direction issued under the Protection from Online Falsehoods and Manipulation Act (POFMA) and the access blocking orders to East Asia Forum (EAF) have been rescinded.

The decision to cancel the Correction Direction was announced by the POFMA office on Friday (22 Sep), in response to EAF’s request for its cancellation submitted on 20 September.

Following the cancellation of the POFMA’s Correction Direction, the Minister for Communications and Information also directed the Infocomm Media Development Authority (IMDA) to remove Access Blocking Orders to the EAF website.

The Correction Direction had been issued in response to an article titled “A spate of scandals strikes Singapore,” published by EAF on August 18, 2023.

The reason provided for the cancellation was that EAF had removed the article, from all its publication sites at the author’s request.

Additionally, Assistant Professor Chan Ying-Kit, the author of the article, on Monday issued a public apology regarding the matter.

“After careful consideration of EAF’s explanations and all the circumstances of the present case, the Minister in the Prime Minister’s Office, Ms Indranee Rajah, has instructed the POFMA Office to cancel the Correction Direction and the Targeted Correction Direction issued to Meta Platforms, Inc,” said the POFMA office in the statement.

NUS Asst Prof earlier apologised for POFMA-ed article and retracts it from East Asia Forum

On 18 August, Dr Chan who holds the position of assistant professor at the Department of Chinese Studies, National University of Singapore had the article published on the website.

On 13 September, Singapore’s Protection from Online Falsehoods and Manipulation Act (POFMA) issued a correction directive to the East Asia Forum under the instruction of Ms Indranee Rajah, Minister in the Prime Minister’s Office (PMO).

PMO highlighted that the article contained “false statements” concerning the independence of the Corrupt Practices Investigation Bureau (CPIB) and Prime Minister Lee Hsien Loong’s methodology in addressing extramarital affairs among parliamentarians.

East Asia Forum faces access blocking for non-compliance with Singapore’s POFMA correction direction

Following a breach of the Correction Direction issued on 13 September regarding misinformation in the article, the Minister for Communications and Information on 16 September directed the Infocomm Media Development Authority (IMDA) to execute Access Blocking Orders against East Asia Forum.

The Correction Direction served to the East Asia Forum demanded the presentation of correct information alongside the alleged falsehoods, enabling Singaporeans to discern the truth by comparing both versions.

Contrary to this directive, East Asia Forum positioned the Government’s response within the comments section at the end of the article.

This arrangement did not comply with the stipulated positioning of the Correction Notices at the article’s beginning and the website’s main page.

In response to TODAY’s inquiries on the night of Monday (Sept 18) night, Dr Chan released a statement, expressing his “sincere and unreserved apologies” for the errors, omissions, and false statements made in his article, which was written independently without the knowledge of NUS.

Non-compliance with POFMA’s correction Directions may lead to hefty fines and imprisonment

Under POFMA, Non-compliance with a POFMA Correction Direction can result in significant fines and even imprisonment.

Individuals who do so without a reasonable excuse may face penalties, including fines up to S$20,000, imprisonment for up to 12 months, or both. For entities other than individuals, fines may reach up to S$500,000.

Importantly, it is not considered a valid defense if a person is obligated by written law, contractual obligations, or professional conduct rules to disobey the Direction or has initiated proceedings to alter or challenge it under Section 19.

While POFMA permits the Minister who instructed the POFMA office to issue a Part 3 Direction (Correction Direction/Access Blocking Direction) to, at any time, instruct it to vary or cancel the Part 3 Direction by serving a written notice to the person to whom the Direction is issued, there doesn’t seem to be any provision allowing the Minister to dismiss any offence resulting from non-compliance with the issued direction.

 

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Civil Society

Thailand withdraws reservation on refugee children’s rights, welcomed by UN Human Rights Office

Thailand’s withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.

Published

1 week ago

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6 September 2024

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The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.

Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it “a significant, positive step” toward aligning Thailand’s laws with international standards. “This move helps protect the rights of all children on the move, no matter their nationality or origin,” Veliko said.

The Thai Cabinet’s decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.

This withdrawal is also expected to strengthen the implementation of Thailand’s National Screening Mechanism (NSM), introduced on 22 September 2023.

The NSM grants the status of “protected person” to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.

The UN has raised concerns over the continued detention of children despite the Thai government’s 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.

Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.

“Children on the move are children first and foremost,” Veliko stressed, adding that detention due to migration status is never in the best interests of children.

The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.

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Civil Society

FORUM-ASIA condemns Myanmar junta’s forced conscription expansion, urges international action

FORUM-ASIA condemns Myanmar’s military junta for expanding forced conscription, calling it a desperate bid to maintain power. The policy, affecting men aged 35 to 60, adds to a long list of human rights violations, including forced labor and the use of civilians as human shields.

Published

2 weeks ago

on

4 September 2024

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The Asian Forum for Human Rights and Development (FORUM-ASIA) has condemned the Myanmar military junta’s recent decision to expand the age limit of its forced conscription policy, calling on the international community to stand in solidarity with the people of Myanmar.

The move is seen as a desperate attempt by the junta to maintain control in the face of a growing pro-democracy resistance movement.

On 25 August 2024, Senior General Min Aung Hlaing announced the introduction of a new “security system with public participation.”

This system would require men aged 35 to 60 to serve as guards, potentially placing them on the frontlines of conflict. The announcement follows the formation of the Central Supervisory Committee for People’s Security and Anti-Terrorism on 16 August, tasked with organizing military training and overseeing “people’s security and anti-terrorism” groups at various administrative levels.

The junta’s plan builds upon the forced conscription policy it implemented on 10 February 2024, invoking the 2010 People’s Military Service Law.

The law mandates men aged 18 to 35 and women aged 18 to 27 to serve two years in the military, with professionals like doctors and engineers potentially serving up to five years. Those who evade service or assist others in doing so face up to five years in prison. As part of this policy, the junta planned to conscript 5,000 individuals monthly from April 2024.

Civilians as Human Shields and Forced Labor

FORUM-ASIA has condemned the junta’s forced conscription policies, highlighting the military’s history of using civilians as human shields and forcing them into hard labor.

The International Labour Organization’s Commission of Inquiry found in October 2023 that the military continues to impose forced labor amidst the ongoing armed conflict, a practice that has escalated since the 2021 coup attempt.

Local news and human rights groups have reported that the junta is also abducting and arresting citizens to use as human shields, further contributing to the human rights violations in Myanmar. Many youths, rather than being conscripted into fighting for a regime they oppose, have fled their homes to join the resistance.

United Nations Secretary-General António Guterres has expressed concern over the junta’s detention and recruitment of Myanmar youth. Meanwhile, Tom Andrews, UN Special Rapporteur on Myanmar, noted the junta’s increasing use of powerful weapons against civilians as troop losses and recruitment challenges mount.

Call for Action

FORUM-ASIA is calling on the Myanmar military junta to immediately halt its forced conscription, abductions, forced labor, and the use of civilians as human shields.

“FORUM-ASIA urges the international community, including the UN and ASEAN, to thoroughly investigate the Myanmar military junta’s long list of human rights violations. The junta should be held accountable for all its crimes through sanctions and other punitive measures,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

“The international community must urgently isolate the junta and support the people of Myanmar in their struggle for justice and freedom,” Bacalso added.

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