Court to hear LFL suit over S'pore anti-fake news law enforcement

Lawyers for Liberty’s (LFL) lawsuit on whether Singapore can enforce its anti-fake news law against the rights group on Malaysian soil is set to be heard before the Kuala Lumpur High Court.

A five-person Federal Court bench chaired by Court of Appeal President Abang Iskandar Abang Hashim unanimously dismissed an appeal by the Malaysian government to strike out the civil suit.

LFL was suing the Malaysian government for its alleged failure to uphold the NGO’s fundamental right to freedom of speech and expression.

Previously, Singapore issued a “correction notice” to LFL over claims on the group’s blog that Malaysian prisoners at Changi Prison were being executed brutally and unlawfully.

Abang Iskandar ruled that the High Court needs to subject the suit to a full hearing as it involves the issue of the extraterritoriality of Singapore’s Protection from Online Falsehoods and Manipulation Act 2019 (Pofma).

“The respondent (LFL) expressed concern and sought clarification on the extent of their rights of freedom of expression under Article 10(1)(a) of the Federal Constitution in relation to statements made in Malaysia, which are the subject matter of foreign legislation, namely Pofma. 

“This in effect amounts to an issue related to the extraterritorial jurisdiction of Pofma,” Abang Iskandar said on behalf of fellow apex bench member judges P Nallini, Zabariah Mohd Yusof, Rhodzariah Bujang, and Hanipah Farikullah.

He ruled that the lawsuit does not involve issues of encroachment into state or sovereign immunity, which Malaysian courts have no jurisdiction to hear.

However, the apex bench allowed the attorney-general’s (AG) appeal to strike out LFL’s suit against Singapore’s Home Minister K Shanmugam, ruling that it falls within sovereign immunity.

The bench said that this specific suit sought to challenge the Singaporean minister’s exercise of his power derived from laws enacted in the island republic.

The Federal Court made no order as to costs.

M’sian death row inmates in Changi

In January 2020, Singapore attempted to enforce Pofma against LFL after the group published online the details of Malaysian prisoners who were allegedly executed in Changi Prison brutally and unlawfully earlier that same month.

The island republic claimed that the group’s allegation contained “false statements of fact”.

LFL had then filed two suits at the Kuala Lumpur High Court, one suing the Singaporean home minister over the island republic government’s issuance of a “correction direction” under Pofma against the group.

LFL’s second suit seeks to restrain the Malaysian government from assisting Singapore in enforcing Pofma against the NGO.

Singapore’s Pofma correction order is meant to compel an offending party to make a correction notice for publications deemed false or erroneous and provide access to the correct facts.

On June 10, 2021, the High Court allowed the AG and Malaysian government’s application to strike out both suits.

However, on July 20, 2022, the Court of Appeal in Putrajaya allowed LFL’s appeal to reinstate both civil actions. The AG and government then turned to the apex court.

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