High Court dismisses The Online Citizen's bid to apply for judicial review against IMDA's orders to shut website, social media accounts

SINGAPORE: The High Court has dismissed an application by The Online Citizen to quash orders by the Infocomm Media Development Authority (IMDA) to close its website and social media accounts.

The alternative news website and its social media accounts went offline in September, after authorities suspended its licence for repeatedly failing to declare its funding sources. The licence was later cancelled by IMDA.

TOC chief editor Terry Xu, represented by lawyer Lim Tean, turned to the High Court to apply for a judicial review, in order to overturn IMDA's orders. These orders are against its Chinese website and its social media accounts, as well as its prohibition from providing any new broadcasting services.

In a judgment released on Thursday (Dec 16), Justice Valerie Thean found that the arguments made by TOC and the material provided about the scope of the class licence did not disclose a prima facie case. She dismissed the application for leave to apply for the quashing orders and related declarations.

Mr Lim argued that only TOC's main English websites came within the class licence that was suspended and cancelled, and that IMDA's orders in relation to its Chinese website and social media accounts should be quashed.

In response, IMDA said TOC "fundamentally misunderstood" the licensing regime under the Broadcasting Act, as all computer online services provided by TOC are automatically subject to a class licence by operation of law. 

The suspension of TOC's class licence and IMDA's directions would therefore apply to all computer online services provided by TOC, including its Chinese website and social media platforms. 

In her judgment, Justice Thean said TOC ought to have first appealed to the minister. In any event, TOC has no prima facie case in favour of granting the orders it sought, she said.

In a Facebook post after the judgment was released, Mr Lim said "clarity has been provided by the court that TOC's websites can still be operated from outside of Singapore", even though TOC lost in its application.

IMDA said in a media release after the judgment that the requirement to declare funding sources is to prevent registered Internet content providers from "being controlled by foreign actors" or being influenced by foreign entities or funding.

This is to ensure there is no foreign influence in domestic politics, it added.

The authority added that an applicant seeking a judicial review is expected to "exhaust all alternative remedies", including appealing to the Minister for Communications and Information, before applying to the court.