Supreme Court of Judicature (Protection from Online Falsehoods and Manipulation) Rules 2019

FIRST SCHEDULE

Rules 5(1), (3) and (4) and 7(1)

FORM 1

ORIGINATING APPLICATION

IN THE GENERAL DIVISION OF THE HIGH COURT OF
THE REPUBLIC OF SINGAPORE

O.A. No.                )
of 20     .               )
(Seal)                    )

APPEAL UNDER SECTION 17/29/35/44¹ OF
PROTECTION FROM ONLINE FALSEHOODS
AND MANIPULATION ACT 2019
(ACT 18 OF 2019)

Between

Appellant.

And

Respondent².

To [The applicable Minister³]

Whereas [name of appellant] has applied to [the applicable Minister³] to vary or cancel [the applicable Direction or Declaration under the Protection from Online Falsehoods and Manipulation Act 2019], and that Minister³ has on (date) refused the application [in whole/in part¹].

And Whereas [name of appellant] wishes to appeal against [the applicable Direction or Declaration].

Let all parties concerned attend before the Judge on (date/time), on the hearing of an appeal against [the applicable Direction or Declaration] and for an order that [the applicable Direction or Declaration] be set aside/and for the [applicable Direction] to be stayed⁴ pending the determination of the appeal¹.

Grounds of application: (State the grounds here) or (As set out in the affidavit of [name]).

Dated 20 .

Registrar.

Memorandum to be subscribed on the originating application

This originating application is taken out by of solicitor for the said Appellant whose address is (or where the Appellant sues in person). This originating application is taken out by the said Appellant who resides at and is (state occupation) and (if the Appellant does not reside within the jurisdiction) whose address for service is .

¹	Delete as appropriate.

²	Insert “The Attorney-General”.

³	The particulars of the applicable Minister are to be replaced with the particulars of the alternate authority where appropriate.

⁴	No application for stay of a Declaration may be made.

[S 188/2022 wef 01/04/2022]

[S 1035/2020 wef 02/01/2021]

FORM 2

AFFIDAVIT IN SUPPORT OF APPEAL
UNDER SECTION 17/29/35/44¹ OF
PROTECTION FROM ONLINE FALSEHOODS
AND MANIPULATION ACT 2019
(ACT 18 OF 2019)

IN THE GENERAL DIVISION OF THE HIGH COURT OF
THE REPUBLIC OF SINGAPORE

In the matter of an appeal under section 17/29/35/44¹ of the Protection from Online Falsehoods and Manipulation Act 2019.

AFFIDAVIT

I, (name of appellant), do make oath (or affirm) and say that the statements contained in the document exhibited and marked “A” are true.

Sworn (or affirmed) on [date] at [location] (through the interpretation of [name of interpreter]).

EXHIBIT “A”

Part A — Appellant’s Particulars

1.	My particulars are as follows²:

(a)	if an individual:

(i)

Name:

(ii)	NRIC No. (for Singapore citizen) or No., type and country of issue of foreign identification document (for foreign citizen):

(iii)

Citizenship:

(iv)

Gender:

(v)	Date of birth:

(vi)

Address:

(vii)

Telephone No.:

(viii)

Email address:

(ix)	Language(s) spoken:

(b)	if not an individual:

(i)

Name:

(ii)	Unique Entity Number (UEN), where applicable:

(iii)

Place of incorporation/formation:

(iv)	Date of incorporation/formation:

(v)	The following details of authorised representative or authorised officer of the Appellant:

(A)

Name:

(B)	NRIC No. (for Singapore citizen) or No., type and country of issue of foreign identification document (for foreign citizen):

(C)

Address:

(D)	Contact details:

Part B — Background Information

2.	A Direction was issued/Declaration was made¹ in respect of (statement of fact/material/online location¹) on (date).

3.	An application was made to the relevant Minister to cancel/vary¹ the Direction/Declaration¹ on (date).

4.	The application to cancel/vary¹ the Direction/Declaration¹ was rejected in whole/in part¹ by the relevant Minister on (date).

5.	I am/I am the authorised representative of/I am an authorised officer of¹ —

(a)	the person to whom the Direction was issued;

(b)	the person who communicated in Singapore the subject material;

(c)	the owner or operator of/person with editorial control over¹ the online location;

(d)	the holder of/person with control over¹ the specified online account.

6.	I attach the following evidence in support of my statements at paragraphs 3, 4 and 5:

(a)	Document(s), including —

(i)	documents evidencing the application to the relevant Minister to vary/cancel¹ the Direction/Declaration¹;

(ii)	a copy of the Direction/Declaration¹ appealed against;

(iii)

documents evidencing the relevant Minister’s rejection of the application; and

(iv)	where applicable, documents evidencing that I am the authorised representative or an authorised officer of the person mentioned in paragraph 5:

(b)	Photograph(s):

(c)	Other evidence (including electronic documents or records):

Part C — Information in Support of Application

7.	I am applying for an order that the Direction issued/Declaration made¹ under the Protection from Online Falsehoods and Manipulation Act 2019 be set aside.

8.	The reasons for my application are as follows:

9.	I attach the following evidence in support of my statements at paragraph 8:

(a)	Document(s):

(b)	Photograph(s):

(c)	Other evidence (including electronic documents or records):

Part D — Application for Stay (where applicable)

10.	I am applying for an order that the Direction issued under the Protection from Online Falsehoods and Manipulation Act 2019 be stayed pending the determination of the appeal.

11.	The reasons for my application are as follows:

12.	I attach the following evidence in support of my statements at paragraph 11:

(a)	Document(s):

(b)	Photograph(s):

(c)	Other evidence (including electronic documents or records):

Part E — Confirmation of Contents

13.	I confirm that to the best of my knowledge, information and belief, the information contained in this document is true.

[Signature of Appellant]

Name of Appellant:

Date:

¹	Delete whichever is inapplicable.

²	Fill in the particulars in sub-paragraph (a) or (b), as appropriate.

[S 188/2022 wef 01/04/2022]

[S 1035/2020 wef 02/01/2021]

FORM 3

AFFIDAVIT IN REPLY IN RESPONSE
TO APPEAL UNDER SECTION 17/29/35/44¹ OF
PROTECTION FROM ONLINE FALSEHOODS
AND MANIPULATION ACT 2019
(ACT 18 OF 2019)

IN THE GENERAL DIVISION OF THE HIGH COURT OF
THE REPUBLIC OF SINGAPORE

In the matter of an appeal under section 17/29/35/44¹ of the Protection from Online Falsehoods and Manipulation Act 2019.

And in the matter of (name of Appellant).

AFFIDAVIT

I, (designation of Minister²), do make oath (or affirm) and say that the statements contained in the document exhibited and marked “A” are true.

Sworn (or affirmed) on [date] at [location] (through the interpretation of [name of interpreter]).

EXHIBIT “A”

RESPONSE

Part A — Response against Appeal under section 17/29/35/44¹ of the Protection from Online Falsehoods and Manipulation Act 2019

1.	I am opposing the Appellant’s appeal under section 17/29/35/44¹ of the Protection from Online Falsehoods and Manipulation Act 2019.

2.	The Direction issued/Declaration made¹ should not be set aside, for the following reasons:

3.	I attach the following evidence in support of my statements at paragraph 2:

(a)	Document(s):

(b)	Photograph(s):

(c)	Other evidence (including electronic documents or records):

Part B — Response against Application for Stay (where applicable)

4.	I am opposing the Appellant’s application for an order that the Direction issued under the Protection from Online Falsehoods and Manipulation Act 2019 be stayed pending the determination of the appeal.

5.	The Direction issued should not be stayed pending the determination of the appeal, for the following reasons:

6.	I attach the following evidence in support of my statements at paragraph 5:

(a)	Document(s):

(b)	Photograph(s):

(c)	Other evidence (including electronic documents or records):

Part C — Confirmation of Contents

7.	I confirm that to the best of my knowledge, information and belief, the information contained in this document is true.

[Signature of Minister²]

Name of Minister²:

Date:

¹	Delete whichever is inapplicable.

²	The particulars/signature of the relevant Minister are to be replaced with the particulars/signature of the person authorised by that Minister to depose the affidavit or by the alternate authority where appropriate.

[S 188/2022 wef 01/04/2022]

[S 1035/2020 wef 02/01/2021]

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