Sedition Act (Singapore)
Encyclopedia
The Sedition Act is in Chapter 290 of the Statutes of Singapore
. It was last revised in 1985.
In September 2005, the Sedition Act was first used on individuals when three men, including a teenager, were charged for making seditious
and inflammatory racist
comments on the Internet
.
, and 9.2% of Indian descent, while Eurasians and other groups form 3.2%.
Also contributing to the nation's sensitivity on racial harmony is its history
of racial riots in the 1960s. More recent events of racial violence in neighboring Indonesia
in the late 1990s and early 2000s also serve as reminders of potential inter-racial conflicts in the region.
and inflammatory racist
comments on the Internet
.They made their remarks on Internet forums in response to a letter printed in The Straits Times
.
On July 14, The Straits Times
published a letter from a Muslim woman asking if cab companies allowed uncaged pets to be transported in taxis, after she saw a dog standing on a taxi seat next to its owner. She said that "dogs may drool on the seats or dirty them with their paws". Her concerns had a religious basis as according to Ustaz Ali Haji Mohamed, chairman of Khadijah mosque, who pointed out that: "There are various Islamic schools of thought which differ in views. But most Muslims in Singapore are from the Syafie school of thought. This means they are not allowed to touch dogs which are wet, which would include a dog's saliva. This is a religious requirement.".
Two days later, in an online forum for Singaporean dog lovers www.doggiesite.com, a posted response was construed as anti-Muslim and as having "a seditious tendency to promote feelings of ill-will and hostility between different classes of the population in Singapore", according to the charges. The author pleaded guilty and served one day in jail and a fine of $5,000. [broken url]http://www.channelnewsasia.com/stories/singaporelocalnews/view/172257/1/.html
Another man was accused of making similar racist remarks filled with vulgarities and insulting to Malays and their religion. He also pleaded guilty and was sentenced to one month imprisonment.
In passing the sentences for both men on October 7, 2005, Senior District Judge Richard Magnus said the two had crossed the line by wantonly breaching the basic ground rules. He said passing a deterrent sentence was necessary so that such offending acts are tackled early and contained. He alluded to the racial riots of 1964 and reminded the public that "callous and reckless remarks on racial or religious subjects" can spark social disorder regardless of the medium or forum on which they are expressed. .
On September 16, a third person, a 17 year old youth, Gan Huai Shi
, was also charged with the Sedition Act for making racist remarks on his blog site titled "The Second Holocaust".
The 17-year-old San Yu Adventist School student faced seven charges of sedition. He caused a furore when between April and July 2005 he posted a series of offensive comments about Malays - even admitting in one April 4 entry that he was 'extremely racist'.
Over the next three months, Gan made more inflammatory remarks mocking the Malay community and ridiculing their religion, which were deemed by the court to promote 'ill will and hostility' between races, an offence under the Sedition Act.
Between Aug 5 and 10 2005 , three students and an engineer reported Gan's remarks to the police.
Gan Huai Shi
pleaded guilty to 2 counts of sedition and was sentenced to 24 months supervised probation that includes counseling sessions and community service in the Malay community. [broken url]
Prime Minister Lee Hsien Loong
later commented that such remarks will not be tolerated, even if posted on the Internet
. Deputy Prime Minister and Minister for Home Affairs
Wong Kan Seng
said that the Sedition Act was under review to see if it should be strengthened or renewed.
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
. It was last revised in 1985.
In September 2005, the Sedition Act was first used on individuals when three men, including a teenager, were charged for making seditious
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
and inflammatory racist
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
comments on the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
.
Seditious tendency.
- 3. —(1) A seditious tendency is a tendency —
- (a) to bring into hatred or contempt or to excite disaffection against the Government;
- (b) to excite the citizens of Singapore or the residents in Singapore to attempt to procure in Singapore, the alteration, otherwise than by lawful means, of any matter as by law established;
- (c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Singapore;
- (d) to raise discontent or disaffection amongst the citizens of Singapore or the residents in Singapore;
- (e) to promote feelings of ill-will and hostility between different races or classes of the population of Singapore.
- (2) Notwithstanding subsection (1), any act, speech, words, publication or other thing shall not be deemed to be seditious by reason only that it has a tendency —
- (a) to show that the Government has been misled or mistaken in any of its measures;
- (b) to point out errors or defects in the Government or the Constitution as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects;
- (c) to persuade the citizens of Singapore or the residents in Singapore to attempt to procure by lawful means the alteration of any matter in Singapore; or
- (d) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of Singapore,
- (a) to show that the Government has been misled or mistaken in any of its measures;
- if such act, speech, words, publication or other thing has not otherwise in fact a seditious tendency.
- (3) For the purpose of proving the commission of any offense under this Act, the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be irrelevant if in fact such act had, or would, if done, have had, or such words, publication or thing had a seditious tendency.
Provision against racist comments
Subsection 3 of the Act describes the types of publication that have seditious tendency and these includes publication that "promote feelings of ill-will and hostility between different races or classes". Singapore takes social cohesion and racial harmony in the country seriously because of its multi-cultural makeup. About 40 percent of the population are foreigners, the sixth-highest percentage in the world. In 2009, 74.2% of residents were of Chinese, 13.4% of MalayMalays in Singapore
Malays in Singapore are defined by the Singaporean government using the broader and antiquated "Malay race" concept, rather than modern-day Malay ethnic group. Although Malays have inhabited the area that is now Singapore since the 17th century, most of the Malays in Singapore today are immigrants...
, and 9.2% of Indian descent, while Eurasians and other groups form 3.2%.
Also contributing to the nation's sensitivity on racial harmony is its history
History of Singapore
The history of Singapore dates to the 11th century. The island rose in importance during the 14th century under the rule of Srivijayan prince Parameswara and became an important port until it was destroyed by Acehnese raiders in 1613. The modern history of Singapore began in 1819 when Englishman...
of racial riots in the 1960s. More recent events of racial violence in neighboring Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
in the late 1990s and early 2000s also serve as reminders of potential inter-racial conflicts in the region.
2005
In September 2005, the Sedition Act employed for the first time in the sentencing of two men who were charged with making seditiousSedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
and inflammatory racist
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
comments on the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
.They made their remarks on Internet forums in response to a letter printed in The Straits Times
The Straits Times
The Straits Times is an English language daily broadsheet newspaper based in Singapore currently owned by Singapore Press Holdings . It is the country's highest-selling paper, with a current daily circulation of nearly 400,000...
.
On July 14, The Straits Times
The Straits Times
The Straits Times is an English language daily broadsheet newspaper based in Singapore currently owned by Singapore Press Holdings . It is the country's highest-selling paper, with a current daily circulation of nearly 400,000...
published a letter from a Muslim woman asking if cab companies allowed uncaged pets to be transported in taxis, after she saw a dog standing on a taxi seat next to its owner. She said that "dogs may drool on the seats or dirty them with their paws". Her concerns had a religious basis as according to Ustaz Ali Haji Mohamed, chairman of Khadijah mosque, who pointed out that: "There are various Islamic schools of thought which differ in views. But most Muslims in Singapore are from the Syafie school of thought. This means they are not allowed to touch dogs which are wet, which would include a dog's saliva. This is a religious requirement.".
Two days later, in an online forum for Singaporean dog lovers www.doggiesite.com, a posted response was construed as anti-Muslim and as having "a seditious tendency to promote feelings of ill-will and hostility between different classes of the population in Singapore", according to the charges. The author pleaded guilty and served one day in jail and a fine of $5,000. [broken url]http://www.channelnewsasia.com/stories/singaporelocalnews/view/172257/1/.html
Another man was accused of making similar racist remarks filled with vulgarities and insulting to Malays and their religion. He also pleaded guilty and was sentenced to one month imprisonment.
In passing the sentences for both men on October 7, 2005, Senior District Judge Richard Magnus said the two had crossed the line by wantonly breaching the basic ground rules. He said passing a deterrent sentence was necessary so that such offending acts are tackled early and contained. He alluded to the racial riots of 1964 and reminded the public that "callous and reckless remarks on racial or religious subjects" can spark social disorder regardless of the medium or forum on which they are expressed. .
On September 16, a third person, a 17 year old youth, Gan Huai Shi
Gan Huai Shi
Gan Huai Shi is a blogger from Singapore who pled guilty to sedition at the age of 17 in 2005, after he posted comments that were offensive towards Malays including calls for genocide against them, in a blog titled The Second Holocaust .He said the reason for his antipathy against Malays was...
, was also charged with the Sedition Act for making racist remarks on his blog site titled "The Second Holocaust".
The 17-year-old San Yu Adventist School student faced seven charges of sedition. He caused a furore when between April and July 2005 he posted a series of offensive comments about Malays - even admitting in one April 4 entry that he was 'extremely racist'.
Over the next three months, Gan made more inflammatory remarks mocking the Malay community and ridiculing their religion, which were deemed by the court to promote 'ill will and hostility' between races, an offence under the Sedition Act.
Between Aug 5 and 10 2005 , three students and an engineer reported Gan's remarks to the police.
Gan Huai Shi
Gan Huai Shi
Gan Huai Shi is a blogger from Singapore who pled guilty to sedition at the age of 17 in 2005, after he posted comments that were offensive towards Malays including calls for genocide against them, in a blog titled The Second Holocaust .He said the reason for his antipathy against Malays was...
pleaded guilty to 2 counts of sedition and was sentenced to 24 months supervised probation that includes counseling sessions and community service in the Malay community. [broken url]
Prime Minister Lee Hsien Loong
Lee Hsien Loong
Lee Hsien Loong is the third and current Prime Minister of Singapore. He is married to Ho Ching, who is the Executive Director and Chief Executive Officer of Temasek Holdings. He is the eldest son of Singapore's first Prime Minister Lee Kuan Yew....
later commented that such remarks will not be tolerated, even if posted on the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
. Deputy Prime Minister and Minister for Home Affairs
Minister for Home Affairs (Singapore)
The Minister for Home Affairs is an appointment in the Cabinet of Singapore. Formed in 1970, it replaced the post of Minister for the Interior and Defence with the split of the Ministry of the Interior and Defence into the Ministry of Defence and the Ministry of Home Affairs....
Wong Kan Seng
Wong Kan Seng
Wong Kan Seng is a politician from Singapore. A member of the governing People's Action Party , he served as the country's Deputy Prime Minister from 2005 to 2011...
said that the Sedition Act was under review to see if it should be strengthened or renewed.
2006
In June 2006, it was reported that a 21-year-old blogger going by the moniker of "Char" was under police investigation for posting cartoons of Jesus Christ on the Internet. He was later let off with a stern warning from the police.2008-09
On April 15, 2008 the Straits Times reported that a middle-aged Christian couple, Ong Kian Cheong and his wife Dorothy Chan, were charged on the same day under both the Sedition Act and the Undesirable Publications Act with distributing seditious publications to two Muslim women in 2007; also, sending a second such booklet to another Muslim in December that same year. The booklet was the Jack Chick tract, "The Little Bride." The couple was found guilty of sedition on May 28, 2009, with a hearing set for June 4 for mitigation pleas and sentencing. The couple was eventually jailed for eight weeks. Under the law, the maximum jail term for distributing a seditious publication is three years' jail for a first offender.See also
- Criminal law of SingaporeCriminal law of SingaporeAlthough the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating, are set out in the Penal Code...
- Censorship in SingaporeCensorship in SingaporeCensorship in Singapore mainly targets sexual, political, racial and religious issues, as defined by out-of-bounds markers.-Implementation:The Media Development Authority approves publications, issues arts entertainment licences and enforces the Free-to-air TV Programme Code, Cable TV Programme...
- Law of SingaporeLaw of SingaporeThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
- SeditionSeditionIn law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
- Sedition Act (Malaysia)Sedition Act (Malaysia)The Sedition Act in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948...
External links
- Singapore: Third racist blogger convicted but may avoid jail term - The Straits TimesThe Straits TimesThe Straits Times is an English language daily broadsheet newspaper based in Singapore currently owned by Singapore Press Holdings . It is the country's highest-selling paper, with a current daily circulation of nearly 400,000...
, posted on AsiaMedia (October 27 2005)