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2019 Sing. Comp. L. Rev. 258 (2019)
Evaluating the Constitutionality of S61, Protection from Online Falsehoods and Manipulation Act 2019

handle is hein.journals/singclr2019 and id is 258 raw text is: Evaluating the constitutionality of Section 61, Protection from Online Falsehoods and Manipulation Act 2019 Suang Wijaya, Eugene Thuraisingam LLP Introduction On 25 June 2019, the Protection from Online Falsehoods and Manipulation Act 2019 (POFMA) was published on in the Government Gazette. This article focuses on Section 61 of the POFMA, which provides:- The Minister may, by order in the GaZette, exempt any person or class of persons from any provison from this Act. What is the efect of Section 6 ? The Explanatory Statement does not explain the persons or classes of persons to whom Section 61 is meant to apply. The Explanatory Statement also does not explain the purposes that are intended to be achieved by Section 61. However, when we consider the other provisions of POFMA, we get a reasonably clear understanding of the nature of the Minister's proposed powers under POFMA. The provisions of the POFMA can be divided into three broad categories:- a. First, there are provisions conferring various powers on Ministers, and setting out the conditions for the exercise of those powers. For instance, Sections 11 to 13 confer on Ministers the power to issue Part 3 Directions, while Section 10 prescribes the conditions for the exercise of such power. b. Second, there are provisions prescribing the remedies are available to persons aggrieved by the exercise of powers by Ministers. There are also provisions setting out the procedures in order to obtain such relief. Thus, Section 17 sets out the remedies and procedures available to persons who have been served with Part 3 Directions. c. Third, there are provisions which impose criminal liability (offence-creating provisions). The POFMA is littered with such provisions. These include Part 2, and Sections 15, 27, 28(3), 32(6), 33(4), 34(5), 36, 37(6), 38, 42, 43(3), 47(4), 50(3) and 54(4). Although on its terms the Minister has power to exempt persons from any provision of the proposed Act, Section 61 is unlikely to apply to the first category of provisions set out above. The ordinary meaning of exempt is to free a person from an obligation or liability imposed on other persons. If Section 61 were to apply to the first category of provisions, this would mean that a Minister can, by order in the Gazette, waive the conditions for the exercise of other Ministers' or even his own exercise of their statutory powers. The outcome of such an interpretation would be manifestly absurd and arbitrary. I trust that the legislative drafters did not intend for Section 61 to have such an effect. However, Section 61 can conceivably apply to the second category of provisions. It is conceivable for the Minister to have the power to exempt persons from specific procedural requirements for the exercise of their rights to seek remedies against orders or directions made by Ministers against them. For instance, the Minister may exempt an aggrieved person from the requirement under Section 17(2) that, before exercising a right of appeal, there must first be an application to the Minister to vary or cancel a Part 3 Direction, and such application 1 https://en.oxforddictionaries.com/definition/ exempt

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