Kokila Annamalai on trial for POFMA non-compliance in Singapore first

Activist Kokila Annamalai, 38, went on trial on October 7 at Singapore’s State Courts for allegedly refusing to comply with a POFMA correction direction. The case marks the first criminal prosecution under the Protection from Online Falsehoods and Manipulation Act since it became law in 2019. Annamalai posted social media content in October 2024 claiming the government schedules executions arbitrarily and does not bear the legal burden of proving drug trafficking charges.

What Annamalai posted and why POFMA acted

In October 2024, Annamalai made posts on Facebook and X about a drug trafficker on death row. She alleged that the government schedules and stays executions arbitrarily without regard for due legal process, and that the state does not bear the legal burden of proving a drug trafficking charge. The POFMA Office identified two false statements in her posts. Minister K. Shanmugam instructed the POFMA Office to issue a correction direction on October 5, 2024.

How Annamalai defied the correction

After receiving the correction direction, Annamalai published a post titled “I defy: Why I am not complying with my POFMA correction direction.” The prosecution argues this was deliberate non-compliance. Deputy Public Prosecutors Timotheus Koh, Stephanie Koh, and Ernest Goh told the court that Annamalai knew she could challenge the direction by appealing to the Minister and then to the High Court, but chose to ignore both options instead.

The prosecution’s case and Annamalai’s defence

Prosecutors describe this as a straightforward case of deliberate non-compliance. They stated that the point of a correction direction is to give the public access to both the original article and the government’s statement so they can form their own conclusions. Annamalai’s defence claims the correction direction itself is invalid. The prosecution also alleged she is using the trial for publicity. The courtroom was filled with supporters on the first day of trial.

Why this case matters

This is the first criminal trial under POFMA since the law took effect in 2019. The outcome will set a precedent for how courts handle non-compliance cases. Annamalai also faces a separate charge under the Public Order Act for taking part in an assembly publicising the cause of abolishing capital punishment in Singapore, but that charge has been set aside pending the POFMA trial.

Final Thoughts

Annamalai’s trial is a watershed moment for POFMA enforcement in Singapore. The court’s decision will clarify whether activists can challenge correction directions through the legal system or face criminal penalties for public defiance. The verdict may reshape how civil society engages with the law.

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