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TikToker issued Pofma order over false claims Government can trace votes to voters 'in order to penalise them'

TikToker issued Pofma order over false claims Government can trace votes to voters 'in order to penalise them'
TikTok itself was also issued a targeted correction direction, in relation to the post in question, which stipulates that a correction notice be sent to all TikTok users in Singapore who had accessed the post.
PHOTO: Tiktok/dr.ishhaq.jay

SINGAPORE – A TikTok user has been issued a correction notice under the law against fake news, for a post on the social media platform that contained false claims regarding vote secrecy.

In a statement on Friday, the Elections Department (ELD), which falls under the Prime Minister’s Office, said TikTok user dr.ishhaq.jay had in a post on July 17 falsely claimed that the Government is able to trace votes back to the voter in order to penalise them.

The correction order was issued by the Protection from Online Falsehoods and Manipulation Act (Pofma) office under the instruction of Minister-in-Charge of the Public Service and Education Minister Chan Chun Sing.

A statement on Government fact-checking website Factually gave the following explanation as to why the claims were false:

  • The Parliamentary Elections Act 1954 (PEA), and the equivalent provisions of its predecessor Acts, provide for voting secrecy. The Government and ELD have complied strictly with the statutory procedures and obligations relating to voting secrecy, as a matter of policy and practice.
  • The statutory procedures and obligations to protect voting secrecy are rigorous and comprehensive. For example, every officer, clerk, interpreter, candidate and agent authorised to attend at a polling station or at the counting of votes must, before so attending, make an oath of secrecy.
  • Another set of statutory procedures provide that, for votes cast in person at polling stations, there is no break in the chain of custody of ballot papers transported from the polling stations to the counting centres, and from the counting centres to the Supreme Court. The ballot papers would be sealed before they are retained in safe custody at the Supreme Court for six months and subsequently destroyed. This process is transparent and open to observation by candidates and their agents.
  • The serial number on the ballot paper is meant to protect the integrity of the electoral process. It enables accounting of all ballot papers issued and cast, and safeguards against counterfeiting and voter impersonation. Calling out the voter’s serial number and name also allows polling agents, who are observing the proceedings, to validate that the voters are listed in their copy of the register.
  • When the ballot paper is issued, the voter serial number is written on the ballot paper counterfoil to facilitate vote tracing, if necessary, for example if there are allegations that the vote was fraudulently cast. However, inspection of the sealed votes is allowed only with an order from the General Division of the High Court, and such an order can only be made in limited circumstances.

The judge hearing the application must be satisfied that the inspection is required for the purposes of instituting or maintaining a prosecution or an application under Section 90 of the PEA, which seeks to void an election on certain limited grounds, including breaches of the PEA that affected the election result or corrupt or illegal practices committed in the election by a candidate.

Therefore, the Government cannot trace who a voter has voted for, as it wishes, the Factually article concludes.

Under the correction notice, dr.ishhaq.jay will be required to create a new TikTok post which states that his earlier post contained a false statement, and also provide a link to the Government’s clarification.

TikTok itself was also issued a targeted correction direction, in relation to the post by dr.ishhaq.jay, which stipulates that a correction notice be sent to all TikTok users in Singapore who had accessed the post.

This article was first published in The Straits Times. Permission required for reproduction.

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