122
Dictating the Internet:
In his Communications to the Singapore government on the POFMA,
the UN Special Rapporteur for freedom of expression highlighted serious
concern that the law would “not only serve as a basis to deter fully legitimate
speech, especially public debate, criticism of government policy and political
dissent” but also “serve as a model for far-reaching restrictions on vague
and discretionary grounds of falsity”.459
Case of Brad Bowyer
In November 2019 – in the first reported case of the use of POFMA –
Brad Bowyer, a member of a political opposition party, was ordered
by the POFMA Office to issue a correction notice to a post he had made
on Facebook less than two weeks before, in which he had reportedly
questioned the independence of two government-linked companies,
Temasek Holdings Pte. Ltd and GIC Pte. Ltd460 and raised concerns on
their investment strategies.461
The Correction Direction had been issued to Bowyer following an instruction
from the Minister of Finance, on the basis that “(The) post contains clearly
false statements of fact, and undermines public trust in the Government.
… It is necessary to state this for the record: GIC and Temasek operate
on a commercial basis, and the Government is not involved in their
individual investment decisions”.462
Within a day of being issued the direction, Bowyer posted a correction
notice on his Facebook post. He further noted that “I am not against
being asked to make clarifications or corrections especially if it is in the
public interest… (I)n general, I caution all those who comment on our
domestic politics and social issues to do so with due care and attention
especially if you speak from any place of influence”.463
459 Communication No. SGP 3/2019 from UN Special Rapporteur on freedom of expression to the
Government of Singapore, 24 April 2019, Available at: https://www.ohchr.org/Documents/Issues/
Opinion/Legislation/OL_SGP_3_2019.pdf
460 PM Lee Hsien Loong is Chairman of the Board of GIC Pte. Ltd and his wife Ho Ching is the
Executive Director and CEO of Temasek Holdings Pte. Ltd. See https://www.gic.com.sg/about-gic/
governance/board-of-directors/; https://www.temasek.com.sg/en/who-we-are/our-leadership.
html.
461 Channel News Asia, ‘POFMA Office directs Brad Bowyer to correct Facebook post in first use of
‘fake news’ law’, 25 November 2019 (‘CNA, 25 November 2019’) Available at: https://www.
channelnewsasia.com/news/singapore/brad-bowyer-facebook-post-falsehood-pofma-fakenews-12122952; Tham Yuen C, ‘Govt invokes fake news law for first time, asks opposition
member Brad Bowyer to correct Facebook post on Temasek, GIC’, Straits Times, 25 November
2019 (‘Straits Times, 25 November 2019’), Available at: https://www.straitstimes.com/singapore/
pofma-office-directs-opposition-member-brad-bowyer-to-add-correction-notice-to-facebook
462 CNA, 25 November 2019.
463 CNA, 25 November 2019.