Law experts explain new online falsehoods Bill

In Parliament on Monday, the Ministry of Law introduced the Protection from Online Falsehoods and Manipulation Bill.

The new Bill aims to limit the spread of falsehoods on news websites and social media networks.

The New Paper explains what the Bill covers and talks to experts about the extent of its powers.

What can be posted?

When deciding whether a post could contravene the Bill, users should consider two things:

* Is it a falsehood? The Ministry defines "falsehood" as a statement of fact that is false or misleading.

* Will it undermine public interest in any of the following aspects:

• National Security
• Public health, finances, safety or tranquillity
• Foreign relations
• Election Outcomes
• Incite hatred or animosity
• Diminish public confidence in the duties or powers of the Government or organs of state

Singapore Management University Law don Eugene Tan explains that unless a post is both false and undermines public interests, it is unlikely to face problems.

He clarified that even in cases where opinion pieces or posts may take on controversial interpretations, as long as it is based on fact, it should not be an issue.

The Bill does not cover opinions, criticism, satire or parody.

Who decides whether a post is an online falsehood?

The Bill gives ministers the power to order the correction or removal of online content that are false and undermines public interest.

But anyone who disagrees with the Government's decision can appeal to the Courts.

Associate Professor Tan said that this ensures a check and balance.

The Courts, which will provide justification and explanation of their final decision, can ensure the law is exercised responsibly.

He added: "If people think they got it wrong, the Government will have to face the court of public opinion, it is not in their interest to misuse it."

How will this Bill affect me?

Experts says the public should not be worried about accidentally posting or sharing something that could get them in trouble.

Lawyer Rajan Supramaniam said that ultimately, the law is in place to prevent fake news and malicious actors.

He said: "It comes down to intent, it is a tool against misinformation and is a mechanism against those who deliberately spread fake news."

Prof Tan agreed.

"It is very unlikely that the average person with no ill-intent will be affected," he said.

He added that because the primary response from the Government will be to seek correction, if the affected party complies with the correction order, the matter will end there.

He said: "It is a criminal matter only if (they) refuse to comply or the Government can show that there is malicious intent.

"The correction will be placed alongside the original post. It remains up to the reader to decide for themselves where they stand."

However, Mr Supramaniam added that while the law is necessary to deal with the problem of fake news, it is important that the lawmakers ensure clarity and transparency.

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