The Inquiry Pte Ltd v Attorney-General: POFMA Appeal - Statutory Interpretation & Online Falsehoods
The Inquiry Pte Ltd (TIPL) appealed to the General Division of the High Court of Singapore on 8 August 2023, against two Correction Directions (CDs) issued under the Protection from Online Falsehoods and Manipulation Act 2019 (POFMA). The CDs related to articles published by TIPL. The court, presided over by Valerie Thean J, dismissed the appeals, finding that the articles contained false statements of fact as alleged by the Attorney-General.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeals dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Inquiry Pte Ltd appeals against Correction Directions issued under POFMA. The court examines whether the published articles contained false statements.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Judgment for Respondent | Won | Jeyendran s/o Jeyapal of Attorney-General’s Chambers Tan Zhongshan of Attorney-General’s Chambers Tan Ruyan Kristy of Attorney-General’s Chambers Allen Lye Xin Ren of Attorney-General’s Chambers |
| The Inquiry Pte Ltd | Appellant | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jeyendran s/o Jeyapal | Attorney-General’s Chambers |
| Tan Zhongshan | Attorney-General’s Chambers |
| Tan Ruyan Kristy | Attorney-General’s Chambers |
| Allen Lye Xin Ren | Attorney-General’s Chambers |
| Han Guangyuan Keith | Oon & Bazul LLP |
| Angela Phoon Yan Ling | Oon & Bazul LLP |
| Tan Zhengxian Jordan | Audent Chambers LLC |
| Leong Hoi Seng Victor | Audent Chambers LLC |
4. Facts
- TIPL published an article entitled “Singapore This Week” on its webpage on 7 July 2023.
- The article contained sections entitled “Politics: No corruption by the Rajahs of Ridout, but many questions unanswered” and “Society: Did Instagram accede to a censorship request by the Rajah?”
- Correction Directions were issued to TIPL under s 11 of the POFMA regarding statements in the article.
- TIPL applied to the Minister to cancel the Correction Directions, but the applications were rejected.
- TIPL then filed Originating Applications to the High Court to set aside the Correction Directions.
- TIPL added addenda to the articles after the CDs were issued, clarifying that it did not intend to make the subject statements.
5. Formal Citations
- The Inquiry Pte Ltd v Attorney-General and another matter, , [2023] SGHC 247
6. Timeline
| Date | Event |
|---|---|
| Protection from Online Falsehoods and Manipulation Act 2019 enacted | |
| TIPL published "Singapore This Week" article | |
| TIPL posted links to the article on Facebook, LinkedIn and Twitter | |
| First Correction Direction issued to TIPL | |
| Second Correction Direction issued to TIPL | |
| TIPL complied with the First CD | |
| TIPL complied with the Second CD | |
| TIPL applied to cancel the First CD | |
| TIPL applied to cancel the Second CD | |
| Application to cancel the First CD was rejected | |
| Application to cancel the Second CD was rejected | |
| TIPL filed Originating Application No 764 of 2023 | |
| TIPL filed Originating Application No 765 of 2023 | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Interpretation of s 17(5)(a) of the Protection from Online Falsehoods and Manipulation Act
- Outcome: The court held that it must consider whether the subject materials make or contain the subject statements at the time that they were communicated in Singapore.
- Category: Statutory
- Sub-Issues:
- Meaning of 'did not communicate'
- Consideration of post-issuance amendments
- Whether the subject materials made or contained the subject statements
- Outcome: The court found that the subject materials did contain the subject statements.
- Category: Substantive
- Sub-Issues:
- Reasonable interpretation of the subject material
- Objective construction of the subject material
8. Remedies Sought
- Setting aside of the Correction Directions
9. Cause of Actions
- Appeal against Correction Direction under s 17 of the Protection from Online Falsehoods and Manipulation Act 2019
10. Practice Areas
- Media Litigation
- Civil Litigation
- Appeals
11. Industries
- Media
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Online Citizen Pte Ltd v Attorney-General and another appeal and other matters | Court of Appeal | Yes | [2021] 2 SLR 1358 | Singapore | Established the five-step analytical framework for determining whether a Part 3 Direction under POFMA could be set aside. |
| Constitutional Reference No 1 of 1995 | N/A | Yes | [1995] 1 SLR(R) 803 | Singapore | Cited for the principle in statutory interpretation that the words of the provision are to be read in their entire context. |
| Borissik Svetlana v Urban Redevelopment Authority | N/A | Yes | [2009] 4 SLR(R) 92 | Singapore | Cited for the principle in administrative law that a person seeking judicial review of an executive decision must exhaust all alternative remedies before invoking the jurisdiction of the court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Protection from Online Falsehoods and Manipulation Act 2019 | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 11 | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 17 | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 17(4) | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 17(5) | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 17(5)(a) | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 17(5)(b) | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 19 | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 10 | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 10(1) | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 10(2) | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, ss 32 | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, ss 33 | Singapore |
| Protection from Online Falsehoods and Manipulation Act 2019, s 5(a) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Protection from Online Falsehoods and Manipulation Act
- POFMA
- Correction Direction
- CD
- False statement of fact
- Subject statement
- Objective interpretation
- Reasonable reader
- Addendum
- Disavowal
15.2 Keywords
- POFMA
- online falsehoods
- correction direction
- statutory interpretation
- freedom of speech
- Singapore
- media law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Statutory Interpretation | 75 |
| Administrative Law | 50 |
| Civil Procedure | 25 |
16. Subjects
- Online Falsehoods
- Freedom of Speech
- Statutory Interpretation