Four days ago,
a correction order was made against the Independent Singapore (as a matter of
full disclosure, I have a working relationship with the Independent Singapore,
which picks up my blog pieces on a monthly basis) under the Protection from
Online Falsehoods and Manipulation Act (Pofma) for claiming in an article that
Law and Home Affairs Minister K Shanmugam may be stepping down from his
ministerial positions. More on the story can be found at:
As required by
law, the Independent Singapore and the author, Mr. Toh Han Shih have appended a
correction notice. I grew up in the media business. My dad is an advertising film
director and my mum was an editor at the Straits Times. Hence, I grew up around
people who worked in the media and I learned that factual accuracy was
something that journalist take very seriously (this being in the 70s when our
then Prime Minister, Mr. Lee Kuan Yew was at his most “sue-happy”).
Then, when I
started working with media people, I understood that respectable news
organisations always had a system to ensure that news was as accurate as
possible. Writers are supposed to do their research and copy has to go through
sub-editors who act as a final check on facts being published. However,
mistakes do happen and when it’s brought to the attention of the news editors,
a correction is printed in the next issue. I’ve seen correction notices in
publications like the Economist and Financial Times.
So, if you look
at the “slip-up” by the Independent Singapore, you’ll understand that what
happened is part and parcel of being in the news business and if you look at
the fact that the Independent Singapore does not have the same resources as say
the Straits Times, its record of publishing accurate information has been
pretty good.
So, the question
that needs to be asked is why was it necessary to use a Pofma order to get the
correction when a simple letter or phone call to the editor or publisher would
have sufficed? Pofma is an act brought about to combat “fake” information from
spreading and being turned into fact. Say what you like about Pofma, but it
does have a purpose in the current “Covid-19” environment. It helps to stop false
information or conspiracy theories (for example, scaring people from taking a
vaccine that keeps you out of the ICU in the event you get infected by a highly
contagious disease).
If you look at
the incident with the Independent Singapore, you cannot argue that the news
site was deliberately spreading false information that was against public interest.
It is at worst a case of getting a simple fact wrong. They reported that the
Minister said that he wanted to step down when he didn’t say that. How does one
ague that this bit of inaccurate reporting is against public interest or that
it maligns or defames the minister in question.
So, the question
is raised – why did the government feel that it was necessary to use the heavy
hand of the law when there were more efficient and cost-effective ways of getting
the correction notice. The question also exposes one of the great flaws of
Pofma – namely the question of who decides what constitutes an online
falsehood. Did the Minister wake up one morning and decide that the Independent
Singapore was publishing “Fake News” or did have several cabinets worth of
documents to prove malicious intent?
Leaving the deeper
legal issues aside, a glance at the simple issue of why the heavy hand of Pofma
had to be used when a simple call to the editor would have done the trick,
would give one the impression that something is amiss. It seems that the powers
that be have gotten to used to being believed merely for being the powers that
be, that they’ve lost the ability to communicate disagreement without taking the
hammer of the law to it.
Sure, our
ministers are highly intelligent people with great credentials. However, since none
of them have never actually had to face an environment that one could describe
as “hostile.” There’s never been a need to get down on the ground and to
explain your policies to the people who are affected by them. Its merely enough
to speak them and beat everyone who disagrees with you with a law against fake
news.
When compared
to their global counterparts, our policy makers have it easy. Just look at how
recently re-elected French President, Emanuel Marcon went to talk to people who
were openly booing him. Say what you like about the man but he was willing to
enter a hostile environment to talk to people who violently disagreed with him (while
Mr. Macron has a reputation for being aloof – he has gone into crowds where he’s
had eggs thrown at him and he's also been slapped):
https://www.youtube.com/watch?v=KgxYDYGR-is
At the age of 78, an age where people are expected to be too set in their ways to discuss things, US President Joe Bidden also goes out to talk to people who oppose not just him but what he stands for. He comes to them in person to try to get his side of the story across:
https://www.youtube.com/watch?v=KPig-AllQe8
Sure, both Mr. Bidden and Mr. Macron have flaws but this is the most effective way of ensuring you get the right message across. Yes, I understand that laws against online falsehoods are necessary. However, the heavy hand of the law doesn’t make you more credible. If anything, it helps fuel conspiracy theories. However, having the courage to face people who are openly hostile to you and to sit down and tell your side of the story makes you credible. Sure, you may not get mass conversions to your side but you earn respect and that in turn gives what you stand for support. It’s something that our leaders need to remember.
1 comment
Hi. What about Falsehoods in Court? On 14 January 2022, a Public Prosecutor lied in Court, that my son, an NSF, had "no medical conditions". I sent him proof of the medical condition via Court Representation (actually, my son did). To my utter surprise, no actions were taken to correct this mistake. I am reeling with disbelief.
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