POFMA order issued to Transformative Justice Collective for false statement about death row prisoner

A Correction Direction under the Protection from Online Falsehoods and Manipulation Act (POFMA) has been issued against the Transformative Justice Collective (TJC) regarding their posts on Facebook, Instagram, X (formerly TwitteR) and TikTok on Dec. 3, 2024.

According to a press release by the Ministry of Home Affairs (MHA) on Dec. 14, the posts contain a statement that a death row prisoner was scheduled for execution before he had the opportunity to submit his clemency petition to the President.

This is not true, MHA stated.

Notices of correction required

The Correction Direction was issued by the Minister for Digital Development and Information and Second Minister for Home Affairs, Josephine Teo.

Under the direction, the TJC is required to insert notices of correction related to the original posts, with a link to the government’s clarification.

The Correction Direction will also require TikTok to communicate a notice to all end-users in Singapore who had accessed, or will access, the TikTok post.

What is the case about?

According to MHA, an execution will only be scheduled when a death row prisoner has exhausted all rights of appeal and the clemency process in relation to his or her conviction and sentence.

The video in TJC’s post had made reference to a Court of Appeal judgment issued on Oct. 11, 2024.

MHA added that the death row prisoner mentioned in TJC's video, Roslan Bin Bakar, was scheduled for execution on Nov. 15, 2024.

When his execution was scheduled and carried out, he had no outstanding relevant legal proceedings which would affect the carrying out of his sentence, the ministry stated.

Roslan had filed an application to the courts for a stay of his execution on Nov. 13, 2024.

The Court of Appeal dismissed his application, and rejected his argument that he did not have sufficient opportunity to seek advice and to prepare a fresh clemency petition to the President.

According to the Court of Appeal's judgement, more than a decade has passed since they dismissed his appeal against his conviction and sentence.

Court of Appeal noted that prisoner did not submit clemency petition despite having close to one month after warning

In addition, Roslan has lodged no less than five previous petitions for clemency, all of which were rejected by the President.

The Court of Appeal also noted that Roslan was warned by his former counsel on Oct. 16, 2024, about the imminence of his execution, but he did not submit his clemency petition despite having close to one month after the warning.

The Court of Appeal further found that Roslan had no lack of legal advice in the background, and that the papers for his Nov. 13, 2024, stay of execution application were ready all along.

However, these papers were deliberately held back to create an “artificial crisis of time”, once notice of execution was given.

It was only on Nov. 13, 2024, that Roslan wrote to the President to request an order of respite on his execution.

Roslan was notified on Nov. 15, 2024, that his request was rejected.

The execution was then carried out in accordance with the law.

MHA added, "TJC has repeatedly promulgated falsehoods despite clarifications of facts by the government. We advise members of the public not to speculate and/or spread unverified rumours."

Top left photo from MHA, right photo from TJC