Xu Yuan Chen v Attorney-General: POFMA Appeal on Falsehoods in Facebook Post
Xu Yuan Chen @ Terry Xu, Chief Editor of The Online Citizen Asia, appealed to the General Division of the High Court of Singapore on 13 July 2023, against a Correction Direction issued under the Protection from Online Falsehoods and Manipulation Act (POFMA) concerning a Facebook post about a 2021 incident involving the police and an elderly woman. The Attorney-General was the respondent. The court, presided over by Chua Lee Ming J, dismissed the appeal, finding that the appellant's Facebook post contained false statements of fact.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Xu Yuan Chen appealed a Correction Direction under POFMA for a Facebook post about a 2021 police incident. The court dismissed the appeal, finding the post contained false statements.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Appeal Dismissed | Won | Dan Pan Xue Wen of Attorney-General’s Chambers Shi Pei-Yi Sarah of Attorney-General’s Chambers |
| Xu Yuan Chen @ Terry Xu | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Dan Pan Xue Wen | Attorney-General’s Chambers |
| Shi Pei-Yi Sarah | Attorney-General’s Chambers |
| Lim Tean | Carson Law Chambers |
4. Facts
- The appellant published a Facebook post about a 2021 incident involving the police and an elderly woman.
- A Correction Direction was issued to the appellant under POFMA regarding the Facebook post.
- The appellant's Facebook post contained statements about the police's interaction with the elderly woman.
- The police responded to a report that an elderly woman looked lost and homeless.
- The elderly woman was unable to tell the police officers where she stayed.
- The police officers believed that the elderly woman was lost.
- The daughter-in-law filed a police report due to unhappiness with TOC's actions.
5. Formal Citations
- Xu Yuan Chen (alias Terry Xu) v Attorney-General, Originating Application No 572 of 2023, [2023] SGHC 200
6. Timeline
| Date | Event |
|---|---|
| Police received report about elderly woman | |
| The Online Citizen posted Instagram stories criticizing the police | |
| Singapore Police Force issued a press statement taking issue with TOC’s Instagram stories | |
| Correction Direction was issued against TOC | |
| The Online Citizen Pte Ltd v Attorney-General [2022] SGHC 177 | |
| Xu Yuan Chen published a post on his Facebook | |
| Correction Direction was issued to the appellant | |
| Appellant filed an appeal pursuant to s 17(1) of the POFMA | |
| Respondent filed an application for the appellant to provide security for costs | |
| General Division of the High Court heard the case | |
| Judgment was delivered |
7. Legal Issues
- False Statements of Fact
- Outcome: The court found that the appellant's Facebook post contained false statements of fact.
- Category: Substantive
- Related Cases:
- [2021] 2 SLR 1358
- Interpretation of Subject Material
- Outcome: The court determined that an appreciable segment of the potential readership of the appellant's post would construe it as making or containing the subject statement.
- Category: Substantive
- Related Cases:
- [2021] 2 SLR 1358
- Adverse Inference
- Outcome: The court declined to draw an adverse inference against the respondent.
- Category: Procedural
- Related Cases:
- [2023] SGHC 105
- [2015] 2 SLR 195
8. Remedies Sought
- Cancellation of Correction Direction
9. Cause of Actions
- Appeal against Correction Direction under POFMA
10. Practice Areas
- Civil Litigation
- Media Law
11. Industries
- Media
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Cova Group Holdings v Advanced Submarine Networks Pte Ltd and another | High Court | Yes | [2023] SGHC 178 | Singapore | Cited regarding the court's discretion to order security for costs. |
| The Online Citizen Pte Ltd v Attorney-General | High Court | Yes | [2022] SGHC 177 | Singapore | Cited as a previous case involving TOC and the Attorney-General concerning a Correction Direction, where the court found the subject statement to be false and dismissed TOC's appeal. |
| The Online Citizen Pte Ltd v Attorney-General and another appeal and other matters | Court of Appeal | Yes | [2021] 2 SLR 1358 | Singapore | Cited for establishing the five-step analytical framework to be applied in determining whether a Part 3 Direction can be set aside under s 17(5)(a) or (b) of the POFMA. |
| Wong Shu Kiat and another v Chen Jinping Michelle and another | High Court | Yes | [2023] SGHC 105 | Singapore | Cited regarding the requirements for drawing an adverse inference. |
| Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited regarding the requirements for drawing an adverse inference. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Protection from Online Falsehoods and Manipulation Act 2019 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Protection from Online Falsehoods and Manipulation Act
- POFMA
- Correction Direction
- False Statement of Fact
- Online Citizen
- Facebook Post
- Minister
- Subject Statement
- Subject Material
- BWC recordings
15.2 Keywords
- POFMA
- online falsehoods
- correction direction
- Singapore
- High Court
- Terry Xu
- Attorney-General
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Online Falsehoods | 80 |
| Statutory Interpretation | 75 |
| Administrative Law | 60 |
| Evidence | 50 |
| Civil Litigation | 30 |
16. Subjects
- Statutory Interpretation
- Media Law
- Online Falsehoods