Pritam Singh explains why WP supports new law to combat cybercrimes but not POFMA or FICA

WP believes that oversight was insufficient for POFMA and FICA.

Matthias Ang | July 05, 2023, 06:35 PM

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Workers' Party (WP) chief Pritam Singh expressed support for the Online Criminal Harms Bill in Parliament as WP believes that the new law targeting online crimes is necessary to protect Singaporeans.

The bill was first introduced in Parliament on May 8, 2023.

Speaking as the Leader of the Opposition at the second reading of the bill in Parliament on Jul. 5, Singh reiterated that WP did not support previous legislation passed in Parliament targeting online content.

He explained that not all legislations are "equal", and WP will support rules aimed at online content when they are in Singaporeans' interests, such as the Online Criminal Harms Bill.

"Overall, the Workers' Party's assessment is that OCHA (Online Criminal Harms Act) is very different from POFMA (Protection from Online Falsehoods and Manipulation Act) and FICA (Foreign Interference [Countermeasures] Act) when it comes to the online harms targeted. This bill deserves the support of the House."

Why WP supports the Online Criminal Harms Bill?

Singh noted that the government had described the Online Criminal Harms Bill as the next piece in its suite of legislation, following POFMA, FICA and the amendments to the Broadcasting Act.

He said these laws all target "exceedingly diverse" online content.

However, the Online Criminal Harms Bill targets content that could result in Singaporeans being the victims of scams and other crimes.

Singh believed it is right for the authorities to have the power to issue directions against those who control "relevant" websites, online service providers, internet service providers and app stores.

"I'm sure that legitimate business operators in these areas would have no objection to cooperating with Singapore authorities to protect those who live here from online criminal harms," he added.

Singh also voiced his support for developing codes of practice for designated online services in an app, adding that a proactive approach is important in light of how quickly scams evolve.

FICA needs "the most robust" independent oversight to protect Singaporeans' rights

Singh explained that FICA and POFMA, however, involve the government restricting Singaporeans' access to information considered false, manipulative or an instance of foreign interference in domestic affairs.

In the case of FICA, Singh said that while the WP was not against the guiding principle, as it understood that the government should have powers to combat malignant foreign actors, WP is of the view that FICA confers "extraordinary powers" which requires "the most robust" of independent oversight by the government's judicial arm.

In addition, the WP believes that the wording in FICA, such as "is likely to" and "where the minister suspects", creates low thresholds of proof that could be unfairly used against individuals or entities, he added.

Hence, WP believes that their proposed amendments would allow FICA to curb unwanted foreign influence while still protecting the rights of Singaporeans, he said.

Ministers can decide what is truth and falsehood under POFMA

As for POFMA, Singh pointed out that under the act, ministers and their relevant authorities can decide between truth and falsehood.

"In certain cases, they would not be neutral parties, but would be making decisions as interested parties. For instance, if a government decision is criticised in an article published on the website, it is the minister himself or herself who decides whether the article is true or false."

Singh also highlighted the "limited oversight" by the courts, as the High Court cannot inquire into the decision of a minister's POFMA direction.

The Leader of the Opposition also noted that an entire website could be blocked if a correction is issued, not just the offending article.

He felt that Singaporeans would be losing out, for they could then not read alternate viewpoints.

He said that if viewpoints are false, the government can counter such perspectives by publishing the facts as it sees them in the mainstream local media.

In conclusion, Singh highlighted that the bill differs greatly from previous laws such as FICA, which "carry the possibility of ministers depriving Singaporeans of hearing valid alternative viewpoints without adequate judicial checks."

"OCHA is targeted at protecting members of the public from scams and offences that can cause financial and other harm. If it remains focused on this target. The Workers’ Party will continue to be in favour of its implementation."

Top screenshot via CNA