Obligations Placed on Digital Advertising and Internet Intermediaries under Code of Practice for Transparency of Online Political Advertisements

Mr Deputy Speaker, the Protection from Online Falsehoods and Manipulation Act (POFMA) Code of Practice for Transparency of Online Political Advertisements sets out measures that prescribed intermediaries, such as social media platforms, must implement to ensure the transparency of online political advertising.

The Code requires these prescribed intermediaries to ensure that online political advertisements carry disclosure notices to inform readers of the person or organisation that had placed or paid for the political advertisements. Intermediaries are also required to put in place other accountability measures, such as the maintenance of a database of online political advertisements, and the provision of channels for members of the public to report advertisements that are undisclosed.

In drafting the Code, the POFMA Office held consultations with the intermediaries and took reference from other jurisdictions, including the EU Code of Practice on Disinformation, and the transparency measures imposed on political advertising in France and Canada.

Today, digital advertising tools are used pervasively on social media platforms. Moreover, digital advertisements can be micro-targeted at specific groups using a variety of indicators. We believe that Singaporeans should know, and indeed that our citizens would want to know, who is behind the political advertisements that they see online.

The Code of Practice for Transparency of Online Political Advertisements will enhance the transparency of online political advertising, hold advertisers accountable and enable our citizens to make informed decisions on the information presented to them through political advertisements.

Thank you, Mr Deputy Speaker. A few Supplementary Questions for the Minister. First, let me clarify that I have no issue with public disclosure of the originator of any online advertisements and so I agree totally that the public deserves to know who is behind the advertisement.

My concerns are a few. One, the Code of Practice is issued under POFMA which presumably means that the concern is fake news but would the Minister confirm really that this Code of Practice will apply to all online advertisements whether or not the contents contain any news alleged to be fake or not. That is the first question.

The second question, if you look at the Code of Practice at 6(c), this is the part where the companies have to maintain records for viewing by the POFMA Office. That means not for public viewing but by the POFMA Office and the details of the information include copy of the advertisement, name of the originator, the amount paid for the advertisement, description of the advertisements' intended target audience or viewers reached, number of views and so on. So, my question is if the advertisement has nothing fake or alleged to be fake in it, what is the interest of the POFMA Office to know these things.

Mr Deputy Speaker, I thank the Member for agreeing that disclosure is important. I think that is a good starting point. The question is then whether this disclosure requirement applies to all advertisements because it is a code under the POFMA Act and the answer is yes, it does. And I think if the Member read the POFMA Bill, she would know that there is an over-arching coverage to the Bill which includes amongst other things a need to have disclosure and, or requiring disclosure in advertising because this is an important part of the way communication is conducted today. In the event that there is falsehood in the advertisement, POFMA can be potentially be applied as well.

Then, I think the Member asked about under 6(c), there is a list of details that are required and why the POFMA Office needs these. This is a requirement imposed on the intermediaries to keep the information. It does not mean that POFMA Office has to have access to this information but the information must be available so that in the event that action is required, the relevant information is available.

I would add that the Member might want to look at practices, for example, by Facebook which today in fact has the same kind of disclosure requirement and they make them publicly available and they have a register on it, including almost everything that the Member just described. So, our objective is to ensure the information is captured because if you do not spell out clearly, and then, if you want it after the fact it may not be available which may then thwart the intent of the legislation.

Okay, one. I would like to ask the Minister despite his allusion to the fact that the POFMA Office will only go back if there is a suspected falsehood in the advertisement, the fact is that there is nothing in the Code that stops the POFMA Office from going back at any time to look at their record, even if the advertisement has no problems. And in that sense it is a good way to discover the election strategy of the political opponents of the ruling party.

Mr Deputy Speaker, the Member has a very active imagination, and I compliment her on it. But the fact of the matter is, if you think about today's, let us just take it in practical terms. Today, if you want to take out political advertising through, let us say, the English social media platforms. Google is not taking them; Twitter is not taking them; and it is a global policy not to take political ads; and Facebook is making full disclosure – more than the disclosure that we require through this Code.

So, I am not sure how this affords us greater intelligence. By the way, the intelligence will be available through Facebook's actions, for example. It is available for all to see. So, I think the Member might be barking up the wrong tree on this.