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AGC Media Statement On Court Of Appeal Judgment In POFMA Appeals CA 47 And 52 Of 2020

Some reports in the media of the recent Court of Appeal Judgment in CA 47 and 52 of 2020 convey the impression that the Attorney-General had argued that it is the Minister who determines, under the Protection of Online Falsehoods and Manipulation Act (“POFMA”), the truth or falsity of a statement of fact. This is incorrect. The Attorney-General’s position has consistently been that it is the Court which ultimately determines the truth or falsity of the statement. That is why there is an appeal mechanism in POFMA. The Courts are the final arbiters, as the Government has repeatedly stated, and as the statute provides.

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