Activist who refused to comply with POFMA order prefers that her audience can only read falsehoods: MHA

The Ministry of Home Affairs (MHA) has responded on Oct. 31 to a Singaporean activist who said she would not comply with a Protection from Online Falsehoods and Manipulation Act (POFMA) correction direction.

Kokila Annamalai had posted on social media regarding legal processes for prisoners awaiting capital punishment and the prosecution of drug trafficking charges.

"What Ms Annamalai is saying is that she should be able to set out falsehoods, to mislead the public (and thereby be allowed to affect public interest) without the public being alerted to her falsehoods in an effective way," MHA said.

Said she would not comply with POFMA order

Kokila Annamalai had been issued the POFMA correction on Oct. 5 for her social media posts on Facebook and X on Oct. 2 and 3, about the legal processes for prisoners awaiting capital punishment and the prosecution of drug trafficking charges for the case of Mohammad Azwan bin Bohari.

As part of the POFMA order, she was required to carry the correction notice on the relevant posts but did not comply, according to an Oct. 11 press release.

MHA therefore informed the POFMA office to issue a targeted correction direction to Meta and X, to alert users that Annamalai's relevant posts contained false statements.

On Oct. 22, Annamalai shared a statement, titled "I Defy: Why I am not complying with my POFMA Correction Direction".

She maintained that there were “no false facts” in her post, and claimed that the POFMA direction was an attempt to “silence” her as an anti-death penalty activist.

Government does not target those speaking out against death penalty: MHA

Responding to Annamalai's statement, MHA reiterated that the Transformative Justice Collective (TJC) and Annamalai made "false statements" in their publications on Oct. 2 and 3.

MHA said that the government does not target individuals or organisations for speaking out against the death penalty.

However, where "false statements" are made about government policy on matters of significant public interest, it is important readers are made aware that what they are read is "considered false by the government", MHA explained.

"Ms Annamalai’s false statements relate to the criminal justice system. Her intent is to undermine public confidence in public institutions, in particular the criminal justice system. She is entitled to do so, based on facts. But where she does so based on falsehoods, the government is entitled to a right of response," MHA said.

MHA pointed out that by linking the government's position to the original false statements through a correction notice, readers can be alerted and make their own judgments on its veracity.

The ministry noted that this "promotes transparency, and a debate based on facts", and that readers can judge for themselves the credibility of either party.

"If indeed Ms Annamalai has put out falsehoods, her credibility will be affected. On the other hand, if the government has made baseless accusations, then the government’s credibility will be affected. This is what free speech is about. Readers should be able to judge for themselves where the truth lies," MHA said.

Clearly prefers audience to only be able to read her falsehoods: MHA

The ministry pointed out that TJC, which put out the original posts containing falsehoods, has complied with the POFMA orders.

It noted that Annamalai could challenge the POFMA order in court if she wished, but has not yet done so.

MHA sought to clarify that, contrary to what Annamalai suggests, the POFMA order only requires her to carry a correction notice, but does not prevent her from sharing her views, or require her to take down her original post.

"Readers are still able to read her original post, consider the government’s clarification alongside it, and come to their own conclusion. Ms Annamalai clearly prefers that her audience only be able to read her falsehoods," MHA said.

MHA added that it has referred Annamalai to the POFMA Office for investigations into her non-compliance.

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Top image from Kokila Annamalai/Facebook & MHA