The Right to Freedom of Expression Versus Legal Actions Against Fake News: A Case Study of Singapore

Abstract

An epidemic of fake news may seriously harm a number of international human rights such as the right to health or the right to free and fair elections, while, on the other hand, remedies, restrictions, or precautions taken by policy makers may also create risks to international human rights, such the right to freedom of expression, in their attempts to fight against fake news. To struggle with fake news, policy makers have adopted legal regulations against, or have placed sanctions on, digital platforms. The Singaporean Government has passed legislation (POFMA) against fake news, and it provides severe criminal penalties. Further, the POFMA handicaps the maintenance and protection of the right to freedom of expression and opinion. It is important to control the dissemination of fake news; however, there is a threat that legal regulations restricting fake news may suffocate the right to free speech, and the adoption of heavy legal sanctions to restrict the circulation of fake news should be reviewed in the light of international human rights laws. This chapter analyses and criticises the POFMA and offers recommendations on how to fight against fake news in compliance with the standards of international human rights law. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2021.