The Politics of Pofma: Assessing the Validity of the Protection from Online Falsehoods and Misinformation Act
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THE POLITICS OF POFMA: ASSESSING THE VALIDITY OF THE PROTECTION FROM ONLINE FALSEHOODS AND MISINFORMATION ACT Grace Elizabeth Ho, Raffles Institution Supervised by Professor Edson C. Tandoc Jr. & Mr. James Lee Chong Boi, Wee Kim Wee School of Communication and Information, Nanyang Technological University ABSTRACT In 2019, the Protection from Online Falsehoods and Misinformation Act (POFMA) was enacted to fight against the rapid spread of fake news, which has become more pervasive than ever in today’s post-truth era. It grants the government and its ministers the power to issue directives, or correction orders, to append statements of fact from the government alongside offending pieces of online content, which have been deemed to contain falsehoods. However, the validity of such an act has been called into question by many critics, who fear that it may become a state tool of censorship. Thus, my paper seeks to analyze the validity of POFMA, through creating a typography of the type of content likely to be served with POFMA directives, and evaluating the arguments presented in both offending posts and the POFMA directives. INTRODUCTION In the book “Post-Truth, Fake News And Democracy: Mapping the Politics of Falsehood,” researchers Jannick Shou and Johan Farkas write that proliferation of fake news has resulted in “scientific evidence [being] no longer trusted, with climate change being consistently labeled a hoax; medical evidence [being] sidestepped, as patients search for their own truth online; and “proper” journalism [coming] under attack from fake news farms, troll factories and social bots” (Farkas & Schou, 2019). In today’s post-truth era, fake news has become a tool to sow confusion, with many people being unable to discern fact from fiction. Nearly one in three Americans have seen a piece of fake political news online, with two in three of them saying that fabricated news stories have caused “a great deal of confusion” about the basic facts of current issues and events (Barthel, Mitchell & Holcomb, 2016). A similar trend can be found locally in Singapore, as a BBC study revealed that 59% of Singaporeans respondents found it difficult to distinguish fake news and real news (Chua, 2017), and another Ipsos study alarmingly found that 91% of Singaporeans between the ages of 15 and 65 incorrectly identified one or more pieces of fake news as being real (Ipsos, 2018). Worsening this issue of fake news is the rise of new media, including social media and alternative sources of information such as blogs, which has accelerated the already-rapid spread of fake news by creating a gross oversupply of facts. Consumers are deluged with too much information from a diverse range of sources, with varying levels of authenticity, overwhelming them entirely (Davies, 2016). In this highly oversaturated environment, it is consequently very easy for fake news to pass unnoticed as real news, and end up becoming a part of people’s worldviews. In response, numerous governments have tabled bills to criminalize its proliferation, to varying degrees of success: while some have been blocked on various grounds, they have been successful in others countries. Singapore is one such country with the Protection From Online Falsehoods and Misinformation Act (POFMA) being passed by parliament on May 8 and coming into effect on October 2. Comprising 62 sections, the purpose of the Act is two-fold: one, to prevent the online spread of falsehoods, which includes misleading information or false statements of fact, and two, to safeguard against the use of online platforms, particularly social media, for the communication of such falsehoods. Statements of fact that fall under the purview of the law are defined as “statements, which a reasonable person seeing, hearing or otherwise perceiving them would consider as representations of fact” (SSO, 2019). From the get-go, the bill received considerable backlash and disapproval, with a multitude of stakeholders criticizing the unilateral, unopposed powers of government ministers. Jeff Paine, the Managing Director of Asia Internet Coalition, released a statement on behalf of the organization to express worry about the high possibility of government overreach, “We are also concerned that the proposed legislation gives the Singapore government full discretion over what is considered true or false. As the most far-reaching legislation of its kind to date, this level of overreach poses significant risks to freedom of expression and speech, and could have severe ramifications both in Singapore and around the world” (Asia Internet Coalition, 2019). Human Rights Watch expressed a similar sentiment in their news release. Commenting about the bill, Phil Robertson, deputy Asia director said, “Singapore’s ministers should not have the power to single-handedly decree what is true and what is false. Given Singapore’s long history of prohibiting speech critical of the government, its policies or its officials, its professed concerns about ‘online falsehoods’ and alleged election manipulation are farcical (Human Rights Watch, 2019).” The international response to POFMA was cold. The Economist adopted a scathing stance against POFMA in its article “Singapore Strikes Its First Official Blows Against Fake News” (The Economist, 2019), suggesting that it “adds to the government’s criticism-suppressing arsenal”. Across the Atlantic, the Guardian collaborated with Reuters on the article “Singapore Fake News Law A ‘Disaster’ for Freedom of Speech, Says Rights Group” (The Guardian, 2019), in which they report on several leading critics’ reasons for rejecting the bill. The International Court of Justice’s Asia Pacific director argued that there are very “real risks that it will be misused to clamp down on the free exchange and expression of opinions and information”. The exact problem with POFMA was elucidated by University of Michigan professor Linda Lim in the Financial Times piece “Singapore ‘falsehoods’ Law Shows Perils of Fake News Fight'' (Palma, Munshi & Reed, 2020), “The distinction between ‘fact’ and ‘opinion’ is not always clear and the injury to the public interest is not convincingly demonstrated”. Chong Ja Ian, who is an associate professor of political science at the National University of Singapore, goes as far as to draw parallels to maximum governments, “Singapore has inadvertently put itself in the same league as regimes that can be a little bit excessively”. Collectively, these reports across a variety of news organizations demonstrate that there is significant pushback against POFMA from all walks of life on a diverse spectrum of reasons, calling the necessity and validity of such legislation into serious question. Ergo, my project seeks to investigate the validity of the usage of the Protection From Online Falsehoods and Misinformation Act (POFMA) in Singapore. I seek to do a qualitative content analysis on POFMA’s invocations, in order to answer these research questions: RQ1: What are the characteristics of offending posts served with POFMA directives? RQ2: To what extent is the content of offending posts accurate? RQ3: Can the “accurate facts” presented in POFMA directives be corroborated by publicly available evidence? By the project’s conclusion, I seek to shed light on whether POFMA in its execution fulfils its intended goals. LITERATURE REVIEW What is Fake News? “Fake news” is broadly defined as news articles that are intentionally and verifiably false, and could mislead readers (Allcott & Gentzkow, 2017, p.213). It can take on many forms, such as news satire, news parody, news fabrication, advertising, photo manipulation, and propaganda. Not only do they imitate the look and feel of real news, they are even often part of larger networks of fake news sites to give off the illusion of a wide audience readership. Essentially, their seemingly credible appearance allows them to hide behind a veneer of legitimacy, undermining the credibility of authentic and real news (Tandoc, Lim & Ling, 2017). In this study, however, I am particularly focused on fake news that is produced with malicious intent, that means to say, it has the potential capacity to mislead and cloud people’s judgement. Addressing the Issue of Fake News Different countries have adopted different approaches to tackle this issue of fake news, ranging from inaction to moderate prosecution, such as fines (Huang, 2020) and imprisonment (Novak, 2018), to harsh crackdowns, including blocking access to social media sites (Reporters Without Borders, 2020) and shutting down internet service providers entirely (Access Now, 2018). Generally, the more extreme punishments tend to be undertaken by relatively more authoritarian governments. Arrests & Shutting down Inaction Fines Imprisonment ISPs entirely Lenient Extensive Media Literacy Takedown of Social Media Fake News Sites Shutdown Extent of Government Intervention in the Issue of Fake News (Poynter, n.d.) Past Research on POFMA With only one year since its inception, the Act is still in its infancy stage and thus, research on it is scarce. Although Teo Kai Xiang (Teo, n.d.) has been classifying POFMA invocations on his website, this is only a surface level categorization of POFMA cases, such as the medium of content, and type of government response (e.g. Part 3, Part 4, or Part 5 direction) without substantial analysis into the content of the offending posts. METHODOLOGY This study utilizes a qualitative content analysis to analyze the news articles, social media posts, and YouTube videos that have been served with POFMA directives, as well as the POFMA directives themselves, with the aim of understanding how the Government utilizes the corrective powers of POFMA. The creation of this typology is the key precursor to evaluating whether the information labelled as “fake news” by the Government accurately constitutes as such. Combing through Factually, which is the official government database keeping record of all POFMA correction orders issued, I have found 70 unique pieces of content that have been served with POFMA correction orders between November 2019 and July 2020, which was the period of my data collection.