Protection from Online Falsehoods and Manipulation Act 2019 · 2020 Revised Edition · Part 4 · Directions to Internet Intermediaries and Providers of Mass Media Services
29. Appeals to General Division of High Court
Feedback & supportLast amended by an amending law of 2019.
The following persons may appeal to the General Division of the High Court against any Part 4 Direction:
Part 4 Direction
“Part 4 Direction” means a Targeted Correction Direction, a Disabling Direction or a General Correction Direction;
the person to whom the Direction is issued;
a person who communicated in Singapore the subject material.
No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister mentioned in section 31 to vary or cancel the Part 4 Direction under that section, and the Minister refused the application either in whole or in part.
An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court.
The General Division of the High Court must hear and determine any such appeal and may either confirm the Part 4 Direction or set it aside.
The General Division of the High Court may only set aside a Part 4 Direction on any of the following grounds on an appeal by the person to whom the Direction is issued:
in the case of a Targeted Correction Direction or a Disabling Direction, the subject material was not communicated in Singapore, or was not communicated in Singapore by means of any internet intermediary service provided by the person;
the subject statement is not a statement of fact, or is a true statement of fact;
it is not technically possible to comply with the Direction.
The General Division of the High Court may only set aside a Part 4 Direction on an appeal by a person who communicated in Singapore the subject material, on the ground that the subject statement is not a statement of fact, or is a true statement of fact.
material
“material” means anything that consists of or contains a statement;Examples Examples of a material are a message, a post, an article, a speech, a picture, a video recording and a sound recording.
A Part 4 Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 31.
appellate court
“appellate court”, in relation to an appeal from a decision of the General Division of the High Court under this Act, means the court to which the appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969;
Despite subsection (7), if the appellant (being the person to whom the Part 4 Direction is issued) establishes a prima facie case that it is technically impossible to comply with the Part 4 Direction, the General Division of the High Court may direct that the Direction be stayed pending determination of the appeal.
There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction.
Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made and the procedure for an application to stay a Part 4 Direction appealed against.