Singapore: New Prime Minister continues policy of silencing dissent by criminalising protesters and harassing critics

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).

On 15th May 2024, Lawrence Wong was sworn in as Singapore’s first new prime minister in 20 years and only its fourth leader since independence. While some were hoping that the new prime minister would be willing to undertake reforms and protect civic freedoms, since Wong came to power, the state policy of silencing dissent and restricting civic space has persisted.

In recent months, peaceful protesters have been investigated and charged for their activism on Palestine or around the Maintenance of Racial Harmony Bill. The POFMA law has continued to be used to target politicians and activists, creating a chilling effect for freedom of expression. In another attack on press freedom, the independent news portal Gutzy Asia has been designated as a Declared Online Location. The draconian Foreign Interference (Countermeasures) Act (FICA) continues to be used while a proposed Racial Harmony Bill has raised freedom of expression concerns.

Peaceful assembly

Activists investigated for unfurling banner against arms trade with Israel

On 16th April 2024, it was reported that three activists were under police investigation for a peaceful demonstration at Gardens by the Bay where they displayed a banner calling for an end to Singapore's arms trade with Israel.

According to Gutzy Asia, the banner, reading “End SG – Israel arms trade,” was said to be part of a global initiative known as A15, which advocates for an economic blockade in 50 cities worldwide to highlight the global economy’s indifference to ongoing atrocities.

The activists expressed their dissent against Singapore’s involvement in arms trade with Israel, citing data showing Singapore as the tenth largest importer of Israeli military equipment. They also criticised the current governmental stance as insufficient and urged Prime Minister Lawrence Wong to use his forthcoming leadership role to reevaluate and potentially end these controversial arms dealings.

The activists also highlighted the restrictive nature of the Public Order Act in Singapore and said that attempts to organise lawful demonstrations at designated areas like Hong Lim Park have been thwarted.

Singapore authorities had previously announced that events and public gatherings linked to the Israel-Hamas conflict are banned, citing substantial concerns for public safety and security..

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. The only outdoor venue in which an assembly may be held without a police permit is Speakers’ Corner in Hong Lim Park. The law covers not only outdoor gatherings, but also those held indoors if they are in a place open to the public, or if the public is invited.

Under the POA, the commissioner of police may refuse to grant a permit if he has “reasonable ground” for suspecting that the proposed assembly or procession creates a public nuisance, gives rise to an obstruction in any public road, places the safety of any person in jeopardy, or causes feelings of enmity, hatred, ill-will or hostility between different groups in Singapore, among other grounds. Such provisions are overly broad and inconsistent with international human rights law.

Students and alumni investigated for delivering letter to ministry

On 7th June 2024, 40 students and alumni from various Singaporean higher education institutions were investigated for potential violations of the draconian Public Order Act for holding a peaceful gathering to deliver letters to the Ministry of Home Affairs to oppose amendments to the proposed Maintenance of Racial Harmony Bill.

The group expressed concerns that the proposed bill could undermine free speech and stifle dialogue on race-related issues and asserted that more laws and harsher punishments are not effective in eliminating racism. Only two representatives were allowed to deliver the letters, and the group was then asked to leave the premises.

Charges under Public Order Act for procession in support of Palestine

On 27th June 2024, three activists, Annamalai Kokila Parvathi, Siti Amirah Mohamed Asrori and Mossammad Sobikun Nahar, were charged under the draconian Public Order Act for allegedly organising a procession to express solidarity with Palestine, without a permit. All three women appeared in court, accompanied by a group of over 10 people. All three were then offered bail of S$5,000 (USD 3,684).

As previously documented, the three activists were part of a group of 70 people that assembled along Orchard Road on 2nd February 2024, walking towards the Istana (office of Singapore’s president). They carried umbrellas painted with watermelon images to show solidarity amid the Israel-Hamas conflict.

A civil society group in Singapore, the Transformative Justice Collective (TJC) voiced concerns about the case, criticising the government's reaction as “vindictive” and that “such sanctions levelled against the three are also a continuation of the intimidation of peaceful support for Palestinian lives in Singapore.” The group also said that ‘’the Public Order Act is a draconian restriction on the people’s right to peaceful assembly and freedom of expression, rights enshrined in Article 14 of Singapore’s Constitution.”

Expression

Ongoing use of POFMA law to target politicians and activists

The Protection against Online Falsehoods and Manipulation Act (POFMA), as previously documented, is a sweeping piece of legislation which permits a single government minister to declare that information posted online is “false” and to order the content’s “correction” or removal if deemed to be in the public interest.

Human rights groups have highlighted how the Act contains vague and overbroad provisions; offers unfettered discretion to ministers and government authorities in making decisions; and lacks protection for freedom of expression and opinion, and access to information. It has been used against opposition politicians, civil society and the media.

Opposition party leader Kenneth Jeyaretnam has faced systematic government harassment. He has faced multiple POFMA correction orders for his opinions and views on issues in Singapore . His website, The Ricebowl Singapore, and his social media channels were also categorised as "Declared Online Locations (DOLs)" which restricts him from any financial benefits and forces him to display a notice declaring them as DOL’s on all his channels.

On 29th May 2024, Jeyaretnam was issued a seventh correction direction for his Facebook post claiming that former Prime Minister Lee Hsien Yang and Minister for Home Affairs and Law K. Shanmugam can influence performance bonuses paid to certain High Court judges.

On 4th July 2024, Kenneth Jeyaretnam received his eighth correction direction for a Facebook post, in June 2024, in which he suggested that the government sets artificially high land prices for sale to the Housing and Development Board and questioned the transparency of its endowment and trust funds. He is also being investigated for possible offences under POFMA and for possible contempt of court under the Administration of Justice (Protection) Act 2016.

On 29th June 2024, a correction notice was issued against the Singapore Democratic Party (SDP) under POFMA on their Facebook and Instagram posts over a statement saying that three women were charged for organising support for the Palestinian people. The Ministry of Home Affairs (MHA) noted that the women were actually charged under Section 15(1) of the Public Order Act 2009 for organising a procession in a prohibited area, claiming the SDP's statements to be false.

The government issued two correction directions and a targeted correction direction under POFMA against statements made by the Transformative Justice Collective on 1st and 6th August 2024 on the treatment of prisoners facing the death penalty. The orders request “factual corrections”, which have been disputed by the Transformative Justice Collective.

In a statement on 22nd August, human rights groups said that the POFMA orders issued by the Minister for Home Affairs and the POFMA Office, targeting those who criticise the handling of death penalty cases in Singapore have the broader effect of curtailing the right to freedom of expression and human rights activism in the country, and preventing fully informed debates on the ongoing use of the death penalty.

News portal designated as Declared Online Location

On 11th June 2024, media portal Gutzy Asia was designated as a DOL under POFMA until 2026.

Although based outside the country, the outlet is one of the few independent news sites that carry critical news on Singapore. The media is tightly controlled in Singapore and the country is ranked in 126th place by Reporters Without Borders (RSF) in its 2024 press freedom index.

The Declaration was issued by the Minister for Communications and Information and came into effect on 22nd July 2024. During the period that the Declaration is in effect, Gutzy Asia's website, Facebook page and X page are required to display a notice stating they have been declared a DOL.

Gutzy's social media platforms can remain operational, but POFMA prohibits any financial gain from operating a DOL, preventing profits from the spread of falsehoods.

An online location may be declared by the authorities as a DOL if it has received three or more correction directions under the law within six months. To revoke this designation, an application can be made to the Minister for Communications and Information, with possible appeals to the High Court.

According to Josephine Teo, Singapore’s Minister of Communications and Information, Gutzy Asia has received three POFMA correction directions. The first, issued in October 2023, was for a statement regarding a woman's death in Yishun. The second and third directions, issued in February 2024, were for republishing claims by then Progress Singapore Party chief Leong Mun Wai about lack of financial aid to a West Coast couple and for republishing Kenneth Jeyaretnam's claim about ministers renting state properties on Ridout Road.

However, Gutzy Asia challenged this on 12th June 2024, saying it had only received two such directions within the last six months.

Association

Trade union designated as ‘politically significant’ under restrictive FICA law

The Foreign Interference (Countermeasures) Act (FICA), a law enacted in 2021, has continued to be utilised.

On 11th July 2024, the Ministry of Home Affairs (MHA) notified the National Trades Union Congress (NTUC) that it is set to be designated as a "politically significant person" (PSP) under the FICA due to its close relationship with the People’s Action Party (PAP). As a PSP, NTUC will need to disclose political donations of S$10,000 (USD 7,684) or more and its foreign affiliations annually to mitigate the risk of foreign interference.

Previously, in December 2023, civil society groups Maruah and Think Centre were also designated as PSPs.

Human rights groups have raised concerns that given its vague notions of “foreign interference”, the law could be used to curtail freedoms.

As previously documented, the law covers a wide range of conduct, activities and communications “directed towards a political end in Singapore”. 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.

FICA also allows the 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”. Such a designation can create a challenging environment for civil society groups in the country to secure volunteers, seek funds as well as attend and participate in regional and international meetings.

According to the law, if an “objectionable” political activity is undertaken in “collaboration with the foreign principal” - itself a wide and ill-defined category - it may be criminalised by FICA. 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. It also empowers the Minister for Home Affairs to order the removal or disabling of online content – undermining the right to freedom of expression.

Proposed racial harmony bill raises freedom of expression concerns

In April 2024, the Ministry of Home Affairs (MHA) proposed the Maintenance of Racial Harmony Bill.

While the legislation is purportedly aimed at protecting racial harmony, its potential impact on freedom of expression and public discourse concerning racial issues is of concern and the law could have potential impact on the discussion about race and racial justice within Singapore.

The proposed Bill aims to consolidate and revise race-related offences currently governed by existing laws. It introduces restraining orders (ROs) to mitigate content deemed harmful to racial harmony. These orders can prohibit individuals or entities from communicating or distributing specified information or material to designated audiences on specific subjects. Additionally, ROs can prevent individuals or entities from participating in the production and editing of specific publications, from contributing to publications or holding positions on editorial boards or committees of such publications.

On 9th June 2024, Beyond The Hijab - a platform for Muslim women in Singapore - raised concerns that the government had not made public the full draft of the Bill with specific provisions for informed public feedback. They also raised concerns on the vague and overly broad provisions that could disproportionately criminalise minorities discussing race and racism, on Restraining Orders allowing pre-emptive government action without proving criminal conduct and reparative measures placing the burden of reconciliation on victims instead of addressing the harm.

Human rights lawyer struck from the roll of advocates and solicitors

On 31st May 2024, human rights defender and lawyer M. Ravi was struck off the roll of advocates and solicitors, as ordered by the High Court of Singapore.

M. Ravi has been an international human rights lawyer in Singapore for the last 20 years. He has argued in favour of landmark human rights and constitutional law cases concerning issues of the constitutionality of the mandatory death penalty, freedom of expression, defamation laws, freedom of assembly, contempt of court and access to legal representation.

According to Front Line Defenders, the High Court ordered M. Ravi to be struck off the rolls after the Law Society of Singapore applied for the human rights defender to be disbarred over statements he made about then Singaporean President Halimah Yacob. Specifically, M. Ravi stated on both his Facebook pages in August 2020 that the appointments of Mr Goh Chok Tong and Mr Lee Hsien Loong as Prime Ministers of Singapore were an unconstitutional act from Madam Halimah, due to “racial considerations” in respect of the appointments. M Ravi requested the President to refer the matter to a Constitutional Tribunal. Subsequently, he claimed that the President had abdicated her constitutional responsibilities by not acting independently of the Cabinet in this referral.

Front Line Defenders believes that the charges filed against M. Ravi are directly related to his work in defence of human rights in Singapore.

This is just the latest attempt to harass and silence the lawyer. As previously documented, in March 2023, The Court of Three Judges handed Ravi a five-year suspension under s83(1)(b) of the Legal Profession Act 1986, the maximum sanction possible for lawyers' misconduct. This was for making "grave and baseless accusations of improper conduct" against the Attorney-General, officers from the Attorney-General's Chambers and the Law Society. In June 2022, the High Court ordered him and his supervising solicitor Cheng Kim Kuan to pay the Attorney-General SGD 20,000 (USD 14,500) in costs for a failed application on behalf of 17 death-row inmates who alleged that, as ethnic minorities, they were more likely to be investigated, prosecuted and sentenced for drug offences.

Whistleblower continues to seek accountability

A whistleblower continues to seek for accountability, 18 years after she was denied a Master’s degree for blowing the whistle about a faculty member at the National University of Singapore (NUS), who she suspected of plagiarising her work.

Jeanne Ten was on her way to a promising academic career in the US in 2006 when she found out her academic supervisor had plagiarised her work. When she filed an official complaint, the university misled Jeanne, giving her the false impression that her supervisor was exonerated. NUS told Jeanne that she had to accept this finding or be expelled. She refused to be bullied and the university denied her the award of the master’s degree, thereby forcing her to give up her place in the PhD programme in Chicago.

She has since been involved in a long legal fight to receive her degree, obtain recompense for her derailed career, and reveal the lack of accountability and abuse of power in Singapore.