Fundamental flaw in POFMA

The State and its Organs must not be the judge whether there is malicious intent to besmirch the reputation of the organs of the state as in the case of the views expressed by members of the public of perceived bias or double standards in exempting a person from holding a massive public gathering when most such gatherings require compliance of regulations.

This points to the need for an independent body to make such a judgement.

Moreover, it is incumbent upon a constitutionally established democratic state to ensure that its officers in the exercise of its laws are consistently and transparently applied.

Should there be misperceptions then it is the duty of legislators to ensure such laws are not prone to misperception.

This is the key issue in the POFMA in which the fundamental flaw is that the aggrieved authority is also the judge as to whether there us deliberate falsehood or malicious intent. Whether there is malice or it is a simple expression of doubt must be left to an independent public body to decide.

This is necessary to prevent the slide down the slippery slope towards legalised tyranny. Democracy must be just and be seen to be just, practiced within the spirit of the national pledge and the concepts within the nation’s constitution.

Few citizens have the time or financial resources to challenge the authority of the state.

 

Tay Kheng Soon

 

 

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18 Responses to “Fundamental flaw in POFMA”

  • Quater:

    Badly written law are just like

    Jigsaws puzzle,with missing pieces.

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  • oxygen:

    THE FUNDAMENTAL FLAW OF POFMA is that it PRETENDS TO INFINITY THAT TRUTH IS NOT MALLEABLE. In fact, it is THE EXACT OPPOSITE. Staggering amount of evidences is staring in your face

    It is claimed IN PARLIAMENT that CPF is not your money but OUTSIDE PARLIAMENT, LAW-MAKERS DENIED THE SAME CLAIM.

    It is claimed that peasant Ah Sengs owned their public housing flats but the title document legally asserted that Ah Sengs are tenants and lessee and HDB Incorporated is LEASOR (implicitly owner)

    Asset enhancement politics is actually LIABILITY EXPANSION WEALTH EXTRACTION.

    So who is the GOD to ascertain and law-sanctioned the variable whimsical truths and falsity of these windy happy contradictions?

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  • NotMyProblem:

    This is a portion of what the International Commission of Jurists said about this Fake News Law;

    “The bill also does not provide for prompt access to an effective remedy – judicial or administrative – to those aggrieved in the event of allegedly abusive or otherwise unlawful application of the restrictions contained therein (the Fake New Law).

    “There is no recourse available for a direction or order made under the bill to be quashed on judicial review grounds of illegality, irrationality and procedural impropriety,”.

    “We thus urge the Singapore Parliament not to pass into law the Online Falsehoods Bill, at the very least without substantial amendments to address the deficiencies described above,” concluded ICJ.

    Singaporeans, I am sure you are smarter than the Malaysians, some of you might not know anything about laws, perhaps International Commission of Jurists could convince you how you should vote in the coming GE.

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  • Ah seng:

    Hdb is clearly written as a Lease Agreement.

    So the use of word “purchase” in lease Agreement is funny.

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  • LIONS:

    So,it is quite obvious NO FAKE NEWS sounds more like NO CRITICISMS or WE,THE CRITICISED elite$,WILL PERSECUTE you till YOU DROP DEAD.

    THE *HONOURABLE* judge$ are appointed by those likely to be publicly critiqued and HOW *honourable* would they be,truly,when those who appointed insist PUBLIC CRITICISMS -which they cant or wont accept- are FAKE NEWS ,when,in fact,they are not?

    Mr Tay is right to highlight the potential wrongful application of this FAKE NEWS LAW in irs current form.

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  • is he or is he not?:

    is this mr tay keng soon an ex sg minister?
    if so,its good to hear from such ‘voices’.

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  • Haigen-Diaz:

    Even though we may be weighed down by the quiet desperation of our individual lives, we seriously have to rouse ourselves and try to save this Nation from the legal arguments of POFMA by the State and its Organs. The essence of the problem is that the Govt. long ago recognized that it could get a lot more traction by playing to and exacerbating latent emotions of fear, hatred, paranoia, and especially subservience. A virtual vortex of inexorable decline, born of destructive emotion that views critique with contempt.

    All the signs are there. They remind me of toddlers who haven’t yet figured out that unpleasant things don’t disappear just because they close their eyes. If you want to save the country, you have to work with people you disagree with on almost every ordinary political issue.

    Falsehoods will not stop because the regulations are changed or because facts don’t have a liberal bias or malleability. The bias is in what we do with them or how we change them to suit our politics.

    What characteristics do revered world leaders share, especially when it comes to protecting basic freedoms? Nelson Mandela, Mahatma Gandhi, Winston Churchill, John F. Kennedy, Abraham Lincoln, Saint Teresa, George Washington, Martin Luther King, Confucius. I am sure there are many more names to add to this list of great humanitarians who dedicated their lives for the good of others. Creative citizens must be unshackled from anchor blocks that can change their lives in an instant, and the attacks against their freedom of critique.

    All this said, I fully realize that not everybody has the tools to understand the avalanche of new information and rapid technological change we face and are fearful they will have to shed some beliefs but we owe it to the next generation, who will get it, to provide them with the tools and opportunities they will need for critical thoughts.

    While deep down I believe the fix is already in and our last fairly free and fair election was in 2015, we will still vote in 2019/20 with the hope that we, the people, really do want to live in a democracy of the people, by the people, and for the people.
    This is our country to lose.

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  • Sg's lese-majeste law:

    In Thailand, only the King is protected by its lese-majeste law. Any insult of the King, you go to jail, or worse.

    This is Sg’s version of lese-majeste for all the high elites.

    You say PM is incompetent, you get it.
    You say President not diligent enough, you get it.
    You say AMK TC not cleaning enough, you get it.

    From now on, you can only say good things. Better learn to read and listen only to good things, and to write good things.

    e.g.
    The PM is xxx a very good person. He is xxx honourable.

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  • oxygen:

    @ Ah Seng

    NEVER MIND WHAT IT IS WRITTEN AS A LEASE AGREEMENT. It is not worth the paper it is printed on.

    Ah seng: Hdb is clearly written as a Lease Agreement.

    So the use of word “purchase” in lease Agreement is funny.

    I like Kellyanne Conway’s depiction of “ALTERNATIVE FACT” contrasting what she labelled “fake news” POFMA and”alternative fact” are BOTH FAKE NEWS.

    ANY LEASE AGREEMENT HAS NO VARIABLE DATE unless specified in the terms of that agreement. Can anyone show us if the HDB so-called “LEASE AGREEMENT” disclosed that it is for a variable time lease term?

    If you are on public housing, the lease is DIFFERENT from a condo lease – the latter is really for 99-yr lease – can’t be confiscated before that date. The children of deceased owner keeps the condo for private rental income till lease expiry.

    In HDB, if children are not eligible or don’t need or want to stay in public housing and their deceased parents passed on leaving an unexpired lease of 55 years perhaps, CAN THE CHILDREN INHERIT THE FLAT FOR RENTAL INCOME as part of the will’s INHERITED DECEASED ESTATE UNTIL LEASE EXPIRY TO 99yrs duration??

    IF THIS CANNOT BE A DECEASED ESTATE AVAILABLE FOR RENTAL TO LEASE EXPIRY, AND CAN’T BE SOLD (no buyers with CPF) and HDB confiscate it for token compensation, IS THE SO-CALLED LEASE AGREEMENT A LEASE??

    Kellyanne Conway’s ALTERNATIVE FACT interpretation would call it PREPAID RENT I suspect.

    Can anyone then blame peasant Ah Seng for calling POFMA a hissing s*ake and predatory oppression tool?

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  • Regime change is the solution:

    Ah seng:
    Hdb is clearly written as a Lease Agreement.

    So the use of word “purchase” in lease Agreement is funny.

    When you get an HDB flat you are renting for 99-years and paying for the entire rent upfront. But you can transfer, i.e., sell the unused portion of the lease. What you “purchase” is the lease.

    The most important FACT (not fake news) is that an HDB flat will depreciate to ZERO at the end of the 99-year lease despite HIP1 and HIP2. So Singaporeans should stop dreaming and try to get their CPF money out of their HDB flat asap using HDB Lease Buyback Scheme (LBS) before it becomes worthless. The LBS proceeds can be put back into their CPF account to earn interest.

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  • Regime change is the solution:

    Another “ownself check ownself”. Another reason to vote for regime change.

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  • patriot of TUMASIK:

    Mr Tay…you are talking about a Dynasty and an Evil LEEgacy…Not The Republic of Singapore…but a StateINC endorsed by a Sham of a man!!!

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  • Keff:

    Good to air doubts and criticism of POFMA now.
    Once the bill is passed — Sham said passing it
    is a “no-brainer_ — any criticism of the bill is
    likely to be seen as anti-spore and u could get
    arrested for fake news.

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  • Jewel of a Prostate:

    The law can be abused by a rogue gabramen.
    This pofma thingies is unnecessary.
    SG already has DENTENTION WITHOUT ANY TRIAL WHATSOEVER.

    There is also website takedown orders.

    If it were to be implemented, this law should be impartially applied to everyone in all fields. Academics will not be able to make thesis and research papers without being sued if there is some untrue stuff in their intellectual property.

    This will spell the end for intellectual property growth and freedom of expression which many peasants have been brainwashed to think it means evil and bad stuff.

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  • oxygen:

    @ Keff

    IT MEANS PAPpys KNOW THEIR SOAPY SELL of POFMA found no customer. Nobody is buying their “soft sell” that POFMA is innocuous of national harm and embedded therein is an insidious political agenda of self-preservation of hegemony and political longevity.

    So what is next?

    Keff: Good to air doubts and criticism of POFMA now.
    Once the bill is passed — Sham said passing it
    is a “no-brainer_ — any criticism of the bill is
    likely to be seen as anti-spore and u could get
    arrested for fake news.

    Sent in the Leopold tanks to run over the irritating ant protests domestically and internationally.

    THE WHOLE WORLD IS EITHER WRONG OR IRRELEVANT OR BOTH IS THEIR ENTRENCHED MINDSET.

    If peasants don’t sack them in the next GE, it is their own funeral.

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  • oxygen:

    THE BIGGEST FUNDAMENTAL FLAW in POFMA is probably “COPROHAGIA”.

    What is coprohagia? It is a STUPID doggie DISGUSTINGLY eating its own stool.

    Where is the proof?

    The Monica Baey expose reveals the poison in POFMA. Monica Baey republishing/repeat of FALSE CLAIMS (unknown to her) that her assailant predator’s came from “powerful household connections” (sent by other direct messages in her internet channel) ALREADY VIOLATED the proposed POFMA’s statutory law definition of criminal offence of “communicating” false information – DISREGARDING THE FACT THAT SHE IS THE VICTIM. In fact and in law, under POFMA, Monica Baey committed “crime” in her self-defence and acting for the common good of society.

    Secondly, Monica Baey’s privacy and modesty was violated brutally. To the PROSECUTING law, this seems trivial of consequences of impact and outcome for her.

    In other words, privacy, modesty, identity and physical social space is empty of law recognition, value and unworthy of law protection. HOW CAN DEFAMATION CLAIMS CASES BE HEARD IN THE COURTROOM beats me utterly of law logic. Can reputation – real or imagined or fictitiously claimed and asserted in a COMPLETE VACUUM OF SUBSTANCE when identity and privacy are empty of reality or fictitious of law recognition deserving of law protection? Surely, reputation cannot be attached to the dirty inner or outside wall of your bathroom toilet sink, right?

    PAPpypolitics have been CONSPICUOUSLY SILENT on the Monica Baey social media storm until very late and even that is very little, remote and low-key.

    That give rise to my fear that the public mind has compelling apprehension that they know POFMA is flawed to infinity – from idiotic idea conceptualisation to its law definition and construction.

    Without social media rousing, Monica Baey’s episode and fightback for justice and law protection would have died a premature foetal death.

    SOCIAL MEDIA HAS GREAT VALUE OF REVELATION OF LAW DEFICIENCY AND INEQUITABLE LAW EXPOLOITATION BY THE RICH AND POWERFUL TO THE DETRIMENT OF PEASANTS WHICH PAPpypolitics is DETERMINED TO CONCEAL AND OPPRESSED of peasantry.

    WAKE UP, Ah Sengs. When PAPpypolitics are SILENT, SOMETHING IS DRASTICALLY HAS GONE WRONG!!

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  • Crossing:

    Maybe quietly counting salaries in toilet.

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  • oxygen:

    WATCH OUT, POFMA IS STILL in evolving in its fake development stage.PREVIOUSLY, peasant Ah Sengs have been told that criticisms, satire and opinion is excluded from its proposed POFMA fake new legislation.

    We are now told the PRESENT TENSE that “falsehood” as determined of definition and application at the absolute discretion of PAPpydivine, which could “manipulate opinions, influence elections” offends the POFMA.

    POFMA and its failed soapy soft sell to peasant Ah Sengs is IN ITSELF A WINDY HAPPY CONTRADICTION of “not-so-truth” telling.

    HOW TO TRUST POFMA LIKE THAT?

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