Let the court decide on what is fake news

Under the POFMA or fake news law, any of the 20 ministers can make a determination that a news is false and require the news item to be corrected or taken down.

I suggest that this determination should be made by the court, rather than a minister. This will ensure that there is consistency in making the determination.

If I am not mistaken, the minister for law has said that this approach would be time consuming.

I disagree.

It is likely that the minister would have prepared a detailed document to explain why the news should be considered as false and action should be taken.  If this is done properly, it should be possible for a judge to take a decision within a day.

To achieve an efficient judicial process, I suggest that a small team of judges be appointed specifically for this purpose As they are familiar with the law and the practice, they would be able to decide quite quickly.

Let me draw an analogy.

There are many people who are taken to court for many minor offenses, such as vandalism or public disturbance. The judge can deal with the issue quite promptly. It does not require a lengthy consideration.

I suggest that the determination of an offence under POFMA should be done by the court.

 

Tan Kin Lian

 

 

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23 Responses to “Let the court decide on what is fake news”

  • oxygen:

    SOMEONE OR ANYONE SAYS DIVINE IS MALE, and another heatedly disagrees that divine is female.

    Or is divine transgender?

    I DON’T KNOW.

    So which of those claimants is legally of publishing fake news?

    Does the arbiter or the judge knows the “correct” answer?

    THE REALITY IS TRUTH IS FALSE AND FALSE IS TRUTH – just like beauty in the eyes of the beholder.

    IT IS VERY DANGEROUS OF LAW AND JUSTICE DISPENSATION WHEN MORTALS PLAY GOD to determine truth and falsity.

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  • Singapore Fooled Again n Again:

    Mr Tan KL, too late to do anything now. Only way is to vote our way back to freedom from them. We vote them in to make our life better but the moment they have the power, total power, we become their slaves

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  • oxygen:

    MISLEADING IN FACT AND IN LAW IS NOT DISHONESTY AND HONESTY IS SOMETIMES RESULTING IN MISLEADING OUTCOME – John Thain of Merrill Lynch was subponaed to to legal cross-examination for alleged publishing of misleading disclosure statement to the NYSE at the time of Bank of America takeover of ML.

    HE WAS NEVER CHARGED FOR OFFENCE.

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  • oxygen:

    THE JOHN THAIN INVESTIGATIONS by the US Judicial authority took months, maybe over a year to arrive at a correct clever decision, does the judge in POFMA has this amount of time to examine the evidence presented when an arbiter claims someone is in offence of fake news publishing??

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  • oxygen:

    DOES THE JUDGE IN POFMA KNOWS who is “publishing fake news” on this matter? PAST TENSE gone to TERN SUA, won’t come back to testify.

    http://www.tremeritus.net/2019/05/04/dr-lee-wei-ling-kwa-kim-lee-has-been-lying/

    I DON’T KNOW THE ANSWER, LEH!

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  • LIONS:

    tkl,agree,decisions on law or points of law should be performed by the courts.
    Ministers can be BIAS especially if CRITICISMS OR COMMENTS BY PUBLIC affect their performance negatively.
    So,do we call FLOODS as PONDING?
    Or,do say FAKE FTs are TALENTS?
    Or,RESERVING PUBLIC SPACES for use as PERSONAL CARPARK LOTS are OK (if you have SOME KIND OF CONNECTION with LTA STAFF/FIELD WORKERS like Carpark Wardens,for example) whereas others who over-parked for valid reasons are punished?

    So,you can call such things as DISCRETIONS OR SUKA-SUKA?

    Sometimes,ministers could be clouded in their views n so it is fairer to let the courts decide.

    BTW,i am leaving this place and i wish all good TRE PALS N SGS blue skies and everything nice.
    And,this is my last comment.
    Thanks for the company.
    Good Luck.

    LIONS.

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  • NotMyProblem:

    @Mr. Tan; you are too late! Everything already cooked!

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  • Asd:

    How long you been suggesting… beh xian ar… go do something else live with it…

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  • C’est la vie:

    *****
    Ah Lian, Ah Lian do not get yourself bogged down with the details or tenets.

    POFMA was their “tool” to appropriate “power and control” over online material.

    Just as HDB was their “key” to unlocking CPF !!!

    Power and pots of money, … achieved and acquired with the majority “show of hands” !!!
    ***
    *****

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  • TKLIM:

    Where have you been? Everybody has already disagreed!!

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  • 1st Attorney-General Singapore:

    Dr. Ahmad Ibrahim was educated in Victoria Bridge School (now Victoria School), Raffles Institution, and Raffles College. In 1936, he received the Queen’s Scholarship (equivalent to the President’s Scholarship) to study in St John’s College, University of Cambridge. He graduated in 1939 with 1st Class Economics Tripos I and 1st Class Law Tripos II, then attained the Masters in Law in 1965. He was awarded the Honorary Degree of Doctor of Laws (LL.D) from the University of Singapore on 5 June 1965.

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  • Constitutional Legal Expert:

    Ahmad Ibrahim was a key person in the merger talks between Singapore and Malaysia in the early 1960s. He was also the legal expert in the Singapore delegation to the Malaysia Talks in London in 1963, which discussed independence from Britain.

    Former Singaporean deputy prime minister Goh Keng Swee once described Ahmad as a man of “tremendous breadth and depth of intellect, whose ability as a legal draftsman is unsurpassed in this country”.

    Ahmad was also the brother of the actor Cal Bellini (real name Khalid Ibrahim).

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  • HDB flat will be ZERO @ 99:

    Won’t work. Involving the court will likely politicize it.

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  • HarderTruths:

    Why do need a court jester to tell people what is right or wrong?
    If you cannot make your own decisions then you are a slave.

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  • Court vs Truth:

    Generally, courts are not the final say on truth. They just talk law.

    Remember Galileo was convicted by a formal court, who believe that the sun turns around the earth once a day.

    So, generally, courts do not have strong grasp of truth.

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  • That's correct @Court vs Truth:

    A court can only interpret laws crafted by law makers. Even North Korea has courts and judges.

    Good laws are only made by good law makers.

    Law makers from one party will make laws in favour of that one party whereas a well represented parliament will make well presented and balanced laws.

    And truth has the greatest chance to come about from well balanced laws.

    Court vs Truth:
    Generally, courts are not the final say on truth. They just talk law.

    Remember Galileo was convicted by a formal court, who believe that the sun turns around the earth once a day.

    So, generally, courts do not have strong grasp of truth.

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  • Sir Luck, TEO:

    1st Attorney-General Singapore:
    May 18, 2019 at 6:44 pm (Quote)
    “Dr. Ahmad Ibrahim was educated in Victoria Bridge School (now Victoria School)”

    Vive là Ah mad Ibrahim! Vive là Victoria!

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  • MarBowling:

    Tan KL

    POFMA has already been passed.

    Who APPOINT and PAY the obscene $alarie$ of all his World Class Ministers And the CJ and his Band of judges? You can KEEP on offering Great ideas and suggestions until the $8Cow comes home, the 69.9% will tell us to go fly kite and fiack spider! Holee Cow!

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  • MarBowling:

    Oops should be…tell you to go

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  • oxygen:

    @ Court vs Truth

    BRILLIANT EXPOSITION OF REALITY PREVAILING, court DON’T DECIDE on “truth” but decides case outcome on LAW DEFINITION – even if the LAW CONSTRUCTION IS FOUND TO BE FLAWED.

    This was amply demonstrated in City Harvest Church final APPEAL COURT decision – the law architectural construction is WRONG – So Kong Hee and others GOT LESSER SENTENCE than the prosecution sought.

    Smartie boy, Edwin Tong, for the defence DID NOT CHALLENGED THE LEGALITY CORRECT of his clients’ conviction in the Appeal Court, only the interpretation of law construct and definition of the word “agent” in the criminal statutory law definition.

    HE WON HANDSOMELY – the Appeal Court, the highest court of the land – ruled that his interpretation of law construct is correct. The reality and truth of crime conviction DO NOT MATTER of sentencing severity.

    The flawed law determined the sentencing punishment mete out. It is up to Parliament to amend the statutory law thereafter.

    AND YES, THIS MONUMENTALLY MOST EXPENSIVE CRIMINAL CASE LAW in Singapore ever was decided on “law”, not the truth of crime commissioning not denied in the final appeal.

    Court vs Truth: Generally, courts are not the final say on truth. They just talk law.

    The other problem of leaving the judge to decide what is “truth” and “falsity” in QUICK BREVITY MOMENT OF DECISION OUTCOME DETERMINATION is going to run amok of law outcome in the financial world.

    How many POFMA judges understand how financial market works in reality – leaving aside the queer oddities of the John Thain Merrill Lynch/Bank of America takeover saga behind us.

    Here is one I just stumble upon a moment ago for informed educational read.

    Donald Wilson Jnr, CEO & Founder, DRW : During episodes of volatility, there would be essentially fake liquidity on the screen. I think that’s a very dangerous thing

    Futures Exchange To Introduce Gold, Silver “Speed Bump” To End HFT Manipulation

    https://www.zerohedge.com/news/2019-05-17/cme-introduce-gold-silver-futures-speed-bump-end-hft-manipulation?fbclid=IwAR1WX-uYFapJ1wmzpbz8aMR_vzh5RaiSvc_cm3Fc_HjjWeXZuyxR_5ByJFI

    In High Frequency Trading (HFT), the online publishing of quotes and news information is ALL “FAKED” of VARYING INTERPRETATIONS but can be captured of screen-shots in evidence.

    In the event of conflicting avalanche of lawsuit on “fake” online news, HOW IS THE POFMA JUDGES GOING TO RULE OF “truth” and “falsity”?

    LEGAL QUAGMIRE AND NIGHTMARE.

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  • oxygen:

    @ Court vs Truth

    REMEMBER THIS FACT – POFMA is NOT civil litigation but belonging to CRIMINAL LAW domain – whoever convicted of “crime offence” can be locked up for 10 years in jail and the State is the PROSECUTOR AND ARBITER at the same time.

    Court vs Truth: Generally, courts are not the final say on truth. They just talk law.

    Remember Galileo was convicted by a formal court, who believe that the sun turns around the earth once a day.

    So, generally, courts do not have strong grasp of truth.

    In civil proceedings, the judge rules on the balance of probabilities of evidence presented. In criminal proceedings, decision outcome rest on evidence “proven beyond reasonable doubts” which is a MUCH HIGHER STANDARD OF PROOF NEEDED to secure conviction.

    AND TRUTH AND FALSITY IN THE FINANCE WORLD IS COMICAL OF WHIMSICAL FANTASY – the abandoned prosecution of Shell for alleged aggressive (fake) reserve accounting in oil and gas assets valuations by the US Securities & Exchange Commission alongside the UK Fraud Office is living proof of my case example assertion.

    The US SEC decided on its own volition that “it was NOT in the PUBLIC INTEREST” to pursue a litigation outcome in that witch hunt of Shell.

    Shell escapes charges over reserves reporting

    https://www.theguardian.com/business/2005/jun/30/oilandpetrol.news

    FORGET POFMA JUDGES, I DON’T THINK EVEN DIVINE IN HEAVEN KNOWS THE “CORRECT” QUANTIFICATION AND ASSET VALUATION OF IN-SITU OIL AND GAS RESERVES in Shell’s global operation.

    How does POFMA judges and/or multi-million dollar paid “arbiter” outside the judiciary know the truth/falsity in reserve accounting when the best of genius brains in geology, geophysicist and financial accounting working together knows the answer for even a single oil/gas field?

    So do we relying on “balance of probabilities” in civil proceedings to decide CRIMINAL CONVICTION of truth/falsity of online publishing AGAINST PUBLIC INTEREST AND AGAINST CENTURIES OF LAW APPLICATION in all common law jurisdictions?

    What kind of moral authority does POFMA law commands in the aftermath of this “lunacy” and “confusion” of contamination of civil/criminal law applications?

    POFMA IS WRONG LAW OF ENACTMENT. The architects/engineers of POFMA don’t understand the business world or ignored its realities (truthfulness) to derive its pretensions (falsity) over-rides.

    SO SAD THAT SINGAPORE’S FUTURE AS A GLOBAL FINANCIAL CENTRE IS THREATENED OF UNDERMINING BY THIS CARELESS INADEQUATELY THOUGHT THROUGH HURRIED PIECE OF JUNK LEGISLATION – A POLITICALLY-LOADED SHORT GUN.

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  • oxygen:

    Ooops, typo error there, sorry.

    oxygen: How does POFMA judges and/or multi-million dollar paid “arbiter” outside the judiciary know the truth/falsity in reserve accounting when the best of genius brains in geology, geophysicist and financial accounting working together knows the answer for even a single oil/gas field?

    should be read as

    oxygen: How does POFMA judges and/or multi-million dollar paid “arbiter” outside the judiciary know the truth/falsity in reserve accounting when the best of genius brains in geology, geophysicist and financial accounting working together DO NOT knows the answer for even a single oil/gas field?

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  • oxygen:

    CHECK THIS OUT – Hong Kong Stock Exchange got some big listings of mining business that SGX don’t have or will never have in the future. Both Hong Kong and Singapore are puny geography which imprisons our geology and impossibility of resources endowment YET HONG KONG STOCK EXCHANGE has got big listing of mining business.

    IT WILL REMAIN SO AS I CAN SEE.

    Why?

    Hong Kong, despite its rule under Chinese political thumb and pulled by their noses WILL NEVER HAVE POFMA legislation to undermine its potential as a global financial centre.

    Ask yourself this simple question – if it is impossible of certainty quantification and valuation of buried underground resources endowment like oil and gas, HOW IS MINING ENTITIES IN THE METALS SEGMENT going to supply “mineable reserves estimate buried invisible deep underground and supply its valuation in IPOs and post-listing stock exchange announcements WITHOUT RISKING CRIMINAL PROSECUTIONS FOR “FAKE NEWS PUBLISHING” exactly like what Shell endured of US SEC and UK fraud office “witch hunt” persecution?

    Such a listing can get sued by aggrieved foreign fund managers or even Sinkieland peasant Ah Sengs & Ah Huays of listed mining houses when actual reserves in real mining operations come up far short of published estimation – the ready ammunition supplied by this dumbfarked POFMA legislation?

    POFMA is like cutting someone’s an*s to balance up the pimples on the face of POFMA’s architects and engineers to prolong their political hegemony and longevity – this is what a public mind may think it is.

    BEIJING AND HONG KONG, FOR ALL ITS OPPRESSIVE TENDENCY DEEPER THAN LEE-jiapore is a lot smarter than us. They won’t prejudice their financial centre growth potential and rice-bowl unlike LEE-jiapore.

    IT IS SO SAD AND SO SHAMEFUL that our acting “legislature” OBEDIENTLY passed into law this self-inflicted cutting wounds.

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