Under the Protection from Online Falsehoods and Manipulation Act (POFMA), the POFMA Office can issue directions or declarations to counter online falsehoods. Find out more on the POFMA Office's website.
Examples of directions or declarations that may be issued include:
Refer to the POFMA for more information.
If you received a POFMA direction or declaration, you can appeal to the High Court only after both of the following have occurred:
You must file the appeal within 14 days after the Minister's decision to refuse your application.
If you file the appeal, you are the appellant.
You must pay both court fees and hearing fees to appeal.
The court filing fees include:
Item or service
File the Originating Summons
File an affidavit (including exhibits)
Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.
Refer to the relevant court fees in Appendix B of the Rules of Court.
The hearing fees vary depending on how long the case takes:
Days 1 to 3
$3,000 per day
$5,000 per day
Note: If you are unable to pay the fees, you may request a waiver or refund of the fees. This can be done at the appeal hearing, or by submitting a written request no later than 1 month after the appeal. The court will decide whether to waive or refund all or part of the fees.
Follow these steps to file an appeal in the General Division of the High Court:
File the following documents via eLitigation:
You may choose to file personally or through a lawyer. If you are not represented by a lawyer, you need to file in person at the LawNet & CrimsonLogic Service Bureau.
When: either on the day of filing or the next working day, depending on what time you filed
After you file your OS and supporting affidavit, go to the Supreme Court Legal Registry (located at Level 2 of the Supreme Court) to request a hearing date for the appeal. You will need to attend before the duty registrar. At the Legal Registry, take a queue number to see the duty registrar.
When you do so depends on what time you filed your OS:
If you filed...
Within office hours of the Legal Registry
On the day itself
After office hours of the Legal Registry
On the next working day
The court will set the hearing date of the appeal on the 6th working day after one of the following dates, whichever is later:
Note: If you do not attend before the duty registrar within the timeline, the registrar may schedule a pre-trial conference or a hearing date as the registrar deems fit. The hearing date of the appeal will be at least 6 working days after the OS and supporting affidavit are accepted by the registry. If you are unable to attend court on the scheduled date, you may request to change the court date, subject to the court's approval.
If you filed via the LawNet & CrimsonLogic Service Bureau, the Service Bureau will inform you to return there to collect the accepted copies of the OS and supporting affidavit after the court has scheduled the hearing date.
When: by noon of the next working day after your documents are accepted by the registry
You can serve the OS and supporting affidavit on the Attorney-General in any of these ways:
If you are serving through eLitigation, indicate so when you file at the LawNet & CrimsonLogic Service Bureau.
Leave a copy of the documents in an envelope marked "POFMA Appeal" at the reception counter of the Attorney-General’s Chambers.
The Minister may file and serve an affidavit in response to yours within 3 working days after the date of service on the Attorney-General.
After this, no more affidavits can be filed or served without the approval of the court.
The court can still proceed with the appeal even if you do not appear at the hearing.
If the appeal is successful, the court will set aside the POFMA direction or declaration. You no longer need to comply with it.
If the appeal is unsuccessful, the court will confirm the POFMA direction or declaration. You must comply with it or you may be charged for non-compliance.
Legislation associated with this topic includes: