Singapore: Harassment of pro-Palestinian, anti-death penalty activism and misuse of POFMA law to silence dissent

Singapore is rated as ‘repressed’ by the CIVICUS Monitor. There are ongoing concerns about the use of restrictive laws as well as the harassment of human rights defenders. The 2019 Protection from Online Falsehoods and Manipulation Act (POFMA) provides excessive powers to the government and has been used to target critics and block websites, while there are ongoing restrictions on peaceful assembly under the 2009 Public Order Act (POA).

In January 2024, Human Rights Watch reported that Singapore frequently uses overly broad and restrictive laws to silence criticism of the government and restrict the rights to freedom of expression and peaceful assembly.

In recent months, individuals have come under investigation for peaceful actions and gatherings against the human rights violations being committed by Israel in Gaza while activists have faced police harassment for their anti-death penalty activities in 2022. An opposition party leader has been systematically targeted under the POFMA for his online commentary on national issues while the draconian foreign interference law was invoked for the first time.

Peaceful Assembly

Woman questioned for placards outside Israel embassy on conflict in Gaza

The Singaporean government has banned any public expression and gatherings related to the conflict in Israel-Palestine.

On 11th December 2023, a woman placed placards outside the Israel embassy in Singapore with messages in support of Palestine and calling for a ceasefire in Gaza, and took pictures before subsequently leaving. The two placards read "Free Palestine" and "Ceasefire – Cease all trade with Israel now!". Photos of the placards were reportedly then posted by the woman on Instagram and reposted on X, formerly Twitter.

It was subsequently reported that police were investigating the woman after they received a call for assistance at the embassy. The 20-year-old woman was identified by the police and was being investigated under Section 16(2) of the Public Order Act 2009.

Singapore laws on holding protests are extremely restrictive. The 2009 Public Order Act (POA) requires a police permit for any gathering or meeting of one or more people intending to demonstrate for or against a group or government, publicise a cause or campaign, or mark or commemorate any event.

In October 2020, a group of UN Special Rapporteurs expressed serious concerns about the use of the Public Order Act to severely restrict civic space and to prosecute the legitimate exercise of the rights to freedom of expression, peaceful assembly and association.

Police investigating peaceful pro-Palestinian gatherings

On 13th February 2024, the Singapore Police Force (SPF) announced that it was investigating potential offences related to two separate gatherings in support of Palestine. Both occurred on 2nd February 2024.

The first under police investigation pertained to an online video capturing a private event, during which an individual was observed publicly live streaming and chanting the phrase "from the river to the sea."

The second gathering under police investigation pertained to the assembly of around 70 individuals along Orchard Road who proceeded to march towards the Istana (office of the President) while carrying umbrellas adorned with watermelon images as a demonstration of support for the Palestinian cause with the aim to deliver letters for Prime Minister Lee Hsien Loong.

Among other demands, the protesters were calling on the government to stop buying arms from Israel and to halt investigations against those peacefully expressing their support for Palestine.

Police indicated that the group may have violated regulations by organising a public assembly without obtaining the necessary permit, especially considering the sensitive security status of the Istana, which is designated as a Prohibited Area.

Individuals summoned for anti-death penalty activities in 2022

In December 2023, it was report that individuals had been summoned by the police for questioning regarding their involvement in vigils and other activities related to the death penalty that had occurred since 2022. Among those questioned was activist Jolovan Wham, who mentioned in a post that approximately 20 people have provided statements to the police over the past three months. Jolovan Wham himself was interviewed by the police in early December 2023.

The Singapore authorities have previously tried to harass those advocating against the death penalty in the country. The UN Special Rapporteur on Human Rights Defenders has raised concerns about the investigation into human rights defenders Kirsten Han and Rocky Howe under the Public Order Act in 2022 for two public assemblies that were advocating against the use of the death penalty.

Expression

Woman held at customs for pro-Palestinian social media posts

A woman was held by the Singaporean Customs Department for her strong pro-Palestine stance.

According to a news report on 17th February 2024, Singaporean social media influencer Camira Asrori shared on social media that she was held by the country's Customs Department after returning from Malaysia. She said the Customs Department officer confiscated her passport and then directed her to the interrogation room without saying whether she had committed any offence.

After asking about her background, an officer asked about her Instagram handle. That was how she found out that it was her pro-Palestine stance that had led to her detention.

She was asked if she had posted about the Israel-Hamas conflict and how many postings she had made. She then said another officer highlighted that one of her postings was the main reason that she was held. In the posting she had shared a pro-Palestinian protest that she joined while in Japan. The officer told her that the posting could have encouraged Singaporeans overseas to join the protest and it may "jeopardise" their safety. She was then asked to remove the posting.

Opposition party leader systematically targeted under POFMA for online commentary

On 11th December 2023, the Minister for Communications and Information announced that Reform Party leader Kenneth Jeyaretnam's website, known as The Ricebowl Singapore, and his associated social media pages on Facebook, Instagram, X and LinkedIn were "Declared Online Locations" (DOLs).

Due to this, starting from 12th December 2023 until 11th December 2025, Jeyaretnam will not be allowed to receive any benefits, including financial ones, from operating his website and social media pages.

Under the Protection from Online Falsehoods and Manipulation Act 2019 (POFMA), an online platform like a website or webpage is designated as a DOL when it has published three or more distinct false statements of fact that are currently under active POFMA directions. Human rights groups have raised concerns of DOLs as it is not authorised pursuant to an order by an independent and impartial judicial authority at first instance, in accordance with due process and international law and standards;

In 2023, Jeyaretnam was issued five POFMA correction orders. On 16th February 2024, Jeyaretnam received his sixth correction direction under POFMA for comments he made about the rental of black-and-white bungalows at Ridout Road by two ministers. Correction directions were also issued to Gutzy Asia—for sharing the hyperlink to Jeyaretnam’s post in an article on its website and indirectly linking it via its Facebook post and X post—and to The Online Citizen for its Facebook post.

As previously documented, Jeyaretnam has been systematically targeted around his online commentary on national issues including the arrest of ten foreign nationals in an islandwide anti-money laundering operation, the corruption probe into Transport Minister S. Iswaran and Ong Beng Seng, and the Ridout Road property rentals by Minister for Law and Home Affairs K. Shanmugam and Foreign Minister Vivian Balakrishnan.

In January 2024, Human Rights Watch noted that POFMA, enacted in 2019, gives the government broad discretionary powers to censor online content. The government used the law repeatedly in 2023 to silence, investigate and persecute independent media, opposition politicians and critical civil society actors, forcing them to post subjective government-determined “corrections” and intimidating others to exercise self-censorship.

Association

Draconian foreign interference law invoked for the first time

On 2nd February 2024, Chan Man Ping, a businessman and naturalised Singaporean who manages multiple real estate investment firms, was designated as a politically significant individual by Singaporean authorities, under the Foreign Interference (Countermeasures) Act (FICA). The law, which came into full force on 29th December 2023, provides authorities with the means to address foreign intervention in domestic politics.

According to The Straits Times, Chan was designated as an "overseas Chinese representative" and invited to attend China's annual Two Sessions parliamentary meetings in March 2023. Consequently, to the Ministry Home Affairs (MHA), Chan has been identified as susceptible to external influence and willing to further foreign interests. As a designated politically significant individual, Chan will be required to report annually any political donations exceeding SGD 10,000 (USD 7,400), as well as to disclose any foreign affiliations and potential migration benefits.

This designation makes Chan the first person subject to measures outlined in the FICA, granting authorities the ability to address foreign intervention in domestic politics.

Human rights groups have previously raised concerns about FICA, which contains overbroad and ambiguous provisions and contravenes international legal and human rights principles. As a result, almost any form of expression and association relating to politics, social justice or other matters of public interest in Singapore may be ensnarled within the ambit of the legislation.

It also allows Singapore's government to deem certain individuals or organisations as “politically significant persons'” and order them to “disclose foreign affiliations” and “arrangements” or to end “reportable arrangements”. However, there is a lack of independent oversight over these restrictions and designations. FICA also provides no mechanism for independent judicial oversight or provision of remedy where human rights violations occur as a result of the enforcement of its provisions.