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Singapore-Baseline-Study.Pdf FREEDOM OF EXPRESSION AND TH E MEDIA IN SING APORE part of a series of baseline studies on seven Southeast Asian countries © ARTICLE 19, London ISBN 1-902598-82-2 Decem ber 2005 ARTICLE 19, 6-8 Am w ell Street, London EC1R 1U Q % Tel: +44 20 7278 9292 % Fax: +44 20 7278 7660 % [email protected] % www.article19.org Acknow ledgem ents This report was written by James Gomez (consultant for ARTICLE 19. Debra Long (Asia Programme Officer of ARTICLE 19) provided comments and analysis. Copy-editing was done by Dini Widiastuti (Asia Programme Officer of ARTICLE 19). Proof-reading was done by Iqbal Sevea. The cover was designed by Mardiana Tukiran. ARTICLE 19 w ould like to thank the European Com m ission for providing funding for this study and six other baseline studies on freedom of expression and the m edia. These studies are parts of the project “Prom oting and Protecting Freedom of Expression and Freedom of Inform ation in the ASEAN Region”. W e w ould also like to thank other donors w ho have contributed to this project: the O pen Society Foundation, the Royal N orw egian Em bassy in Bangkok and U N ESCO . "This project is co-financed by the European Initiative for Dem ocracy and H um an Rights, European Com m ission. O pinions in this publication is fully the responsibility of A RTICLE 19 and Internew s, and therefore do not reflect the official view s of the European Com m ission.” “This study w as published w ith support from U N ESCO . The ideas and opinions expressed in this study are those of the authors and do not necessarily represent the view s of U N ESCO . The designations em ployed and the presentation of m aterial throughout the publication do not im ply the expression of any opinion w hatsoever on part of U N ESCO concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries.” Freedom of Expression and the Media in Singapore Contents 1. INTRODUCTION.......................................................................................... 5 2. KEY RECOMMENDATIONS ...................................................................... 8 3. BACKGROUND.......................................................................................... 11 3.1. Political context ..................................................................................... 11 3.2. Freedom of Expression and Political Opposition.................................... 13 4. FREEDOM OF EXPRESSION UNDER SINGAPORE CONSTITUTION AND INTERNATIONAL LAW ...................................................................... 16 4.1. International and Constitutional Obligations .......................................... 16 4.2. Restrictions on Freedom of Expression .................................................. 19 4.3. Freedom of Expression and the Media ................................................... 20 4.4. Independence of Media Bodies .............................................................. 21 5. MEDIA SITUATION................................................................................... 23 5.1. Print Media ............................................................................................ 23 Local Press ................................................................................................ 23 Magazines ................................................................................................. 24 Political party publications ........................................................................ 25 Books ........................................................................................................ 25 Foreign publications .................................................................................. 26 5.2. Broadcast Media .................................................................................... 26 Satellite broadcasters ................................................................................. 27 Cable TV................................................................................................... 28 5.3. Internet................................................................................................... 28 News Providers ......................................................................................... 28 Government Online ................................................................................... 28 Online NGO news ..................................................................................... 29 Online Political Party News....................................................................... 29 5.4. Mobile Telecommunications.................................................................. 29 6. PRESS REGULATION............................................................................... 30 6.1. Laws and Implementing Bodies ............................................................. 30 6.2. Ownership and Political Links ............................................................... 32 6.3. Foreign Print Media ............................................................................... 34 7. BROADCAST REGULATIONS ................................................................. 36 7.1. The Laws and Implementing Bodies ...................................................... 36 7.2. Ownership and Political Links ............................................................... 39 7.3. Foreign Broadcasters.............................................................................. 40 7.4. Politics on the Radio .............................................................................. 41 7.5. Political Films........................................................................................ 41 7.6. Internet regulation.................................................................................. 42 Laws and Implementing Bodies................................................................. 43 Ownership and Political Links................................................................... 45 Electoral Restrictions................................................................................. 46 Other Emerging Legal Matters .................................................................. 47 Developments in Wireless and Mobile Phone Technology ........................ 48 8. DEFAMATION LAW................................................................................. 50 8.1. Formal Restrictions and Attacks against Foreign Media......................... 50 8.2. Local Media Reports and Libel of Political Opponents .......................... 51 8.3. Libel in Opposition Party Publications................................................... 53 8.4. Libel on the Internet............................................................................... 54 8.5. Responses from International Organisations .......................................... 54 9. OTHER RESTRICTIONS ON FREEDOM OF EXPRESSION................... 56 9.1. Restrictions on Whistle Blowing and Leaks........................................... 57 9.2. Protecting Friendly Relations with Other Countries and Ethnic Groups . 58 9.3. Restrictions on Foreign Publications...................................................... 59 9.4. Restrictions on the Internet..................................................................... 60 10. FREEDOM OF INFORMATION AND SECRECY .................................. 61 10.1. Formal Regulation of Disclosure of Information.................................. 61 10.2. A Culture of Secrecy............................................................................ 64 10.3. Intrusion of Privacy.............................................................................. 66 Privacy Laws............................................................................................. 67 Officially-Sanctioned IT Surveillance ....................................................... 67 Regulations Regarding IT Use and Privacy Concerns................................ 68 10.4. Principles of an Access to Information Law......................................... 69 11. INFORMAL RESTRICTIONS AND HARASSMENT OF THE MEDIA . 72 11.1. Economic and Structural Impediments................................................. 72 11.2. Self-Censorship and “Out of Bounds Markers”.................................... 73 11.3. Journalists’ Perception on Government Control of the Media .............. 73 11.4. Informal Harassment............................................................................ 75 11.5. Legal Precedents to Further Harassment .............................................. 76 Freedom of Expression and the Media in Singapore 1. INTRODU CTION Media ownership and the regulatory environment define the way the media operates in Singapore. Political, regulatory and structural control over the local media restricts and discourages the development of an environment where views can be expressed freely. A culture of self- censorship can be observed, created by and enforced through lawsuits or the suspension of offending publications, or the threat of such action. Furthermore, foreign media activities are restricted and regulated closely in an effort to control the flow of information and free expression. Although there are debates over the censorship of nudity, pornography and homosexuality in the media, the area that receives most active scrutiny by the government is the media space that allows opposition parties, civil society opponents and foreign journalists to comment on local issues. Censorship
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