I read with incredulity the submission of the Deputy Attorney-General, Hri Kumar, to the High Court today, that the burden of proof is on the SDP to prove that the statements they made which were POFMAD are true.
This submission is so ridiculous I would have sneered it out of Court.
Let’s examine some fundamental undeniable facts under this crazy law, which is against all tenets of free speech guaranteed under our Constitution.
First, the Minister has the power to POFMA a post and demand that you put up a “Correction Notice “ on your post stating that “it contains false statements of fact” and to click onto a link for the “ correct facts “.
If the party putting up the post is aggrieved at the Minister’s decision, it is supposed to appeal to the Minister and if the Minister rejects the appeal, then the aggrieved party has to bring court proceedings under an originating summons to a High Court judge, if he/she wants to take the matter further.
Hri Kumar says that since the SDP is the party bringing the court action, the burden of proof is on them to prove the truth of their statements.
More at https://tinyurI.com/yfbcdl8t
This submission is so ridiculous I would have sneered it out of Court.
Let’s examine some fundamental undeniable facts under this crazy law, which is against all tenets of free speech guaranteed under our Constitution.
First, the Minister has the power to POFMA a post and demand that you put up a “Correction Notice “ on your post stating that “it contains false statements of fact” and to click onto a link for the “ correct facts “.
If the party putting up the post is aggrieved at the Minister’s decision, it is supposed to appeal to the Minister and if the Minister rejects the appeal, then the aggrieved party has to bring court proceedings under an originating summons to a High Court judge, if he/she wants to take the matter further.
Hri Kumar says that since the SDP is the party bringing the court action, the burden of proof is on them to prove the truth of their statements.
More at https://tinyurI.com/yfbcdl8t