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Freedom of speech – two views

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From the Today newspaper:

A delicate balancing act

Shadrake case sends signal about importance of acting responsibly in the public domain

Letter from Cao Yilun

05:55 AM Nov 15, 2010

I REFER to the court case in which British author Alan Shadrake has been convicted of contempt of court for some passages in his book, Once A Jolly Hangman: Singapore Justice In The Dock.

The court case sparked off criticism from some sectors of the local and international online community. Personally, I choose to see this incident not as evidence of Singapore’s restrictions on freedom of speech and expression, but a signal of our Government’s commitment to the exercise of responsibility in upholding freedom of speech while protecting our social values.

Proponents of political liberalism often support unfettered freedom of speech on the grounds that it serves to protect the individual’s right to seek and receive information, or even promote a commitment to truth and heightened political activism.

The famous libertarian John Stuart Mill once argued that “there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered”.

However, if we were to push for more freedom of speech and expression, we also have to handle the real risk of having more biased opinions disguised as objective truths to baffle the ill-informed.

More freedom of speech should only be offered when a society is better equipped to fend off its side-effects. Hence, how much free speech should be allowed is often a difficult balancing act which must take into account social realities and values.

Singapore is a communitarian society, which places more emphasis on societal interests over personal rights, pragmatism over idealism. The recent verdict on Shadrake’s case supports this fact.

Endorsing Lord Patrick Devlin’s views on the justification of legislation, the State reserves the right to pass judgment on matters – such as the integrity of our courts – which threaten social harmony.

Responsibility in exercising of freedom of speech is hence warranted to allow individuals to exercise their liberty without disregarding the greater social values.

The legal development in Shadrake’s case is a positive step towards liberalising the law of contempt of court in Singapore, with Justice Quentin Loh deciding that the test of contempt of court is not that of “inherent tendency”, but a test of “real risk”.

However, until our communitarian value system shifts significantly and decidedly towards individualism, protecting social cohesion and values will perhaps remain the most important consideration in deciding how much freedom of speech and expression is to be accorded.

—————-

Online only – Truth is the best defence

Letter from Khairulanwar Zaini

06:06 PM Nov 18, 2010

I REFER to the recent letter by Mr Cao Yilun (“A delicate balancing act”, Nov 15) which argued that the conviction of Alan Shadrake for contempt of court displays our commitment to the responsible exercise of our rights.

The mature exercise of our rights and expressive freedom is indeed desirable. However, I find this method of cultivating responsibility peculiar: Circumscribing our expressive freedom denies everyone the opportunity of exercising it, let alone exercising it in a responsible manner.

In designating certain statements to be beyond the pale of the law, it forecloses the chance for any individual to reflect and consider the implications of his speech. The preclusion of “irresponsible speech” via punishment merely creates dogma, and hardly engenders responsibility.

If Mr Cao were to read John Stuart Mill further, he would find the perfect antidote to false and deceptive speech: Precisely more free speech! The “biased opinions disguised as objective truths” can be effectively countered by enabling more speech to defeat these deceptive claims – the Government would have found the media an amenable platform to comprehensively rebut Shadrake’s allegations that they find problematic.

The importance of expressive freedom to clarify falsehoods should not be understated: It is critical and robust debate that allows us to apprehend clearly the truth of the matter, not verbal or legal fiat.

To borrow the wisdom of Thomas Jefferson, “it is error alone which needs the support of government. Truth can stand by itself”. If the assertions in Shadrake’s book Once A Jolly Hangman were patently untrue, the contempt of court action would, accordingly, prove unnecessary: The Government could furnish its own arguments convincingly without having to rely on the criminal justice system.

Mr Cao makes much of our communitarian values, but I believe that this evinces the importance of unfettered expressive freedom. While we could grant that a particular community could collectively decide how rights are to be exercised, this would precisely require the wide latitude of expressive freedom to determine these parameters. Communitarian values reflect the moral inputs and assertions of the community, and it is precisely through free speech that these inputs are articulated.

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Indonesia

Miss Universe cuts ties with Indonesia chapter after harassment allegations

The Miss Universe Organization severs ties with Indonesia franchise due to harassment claims. Malaysia edition canceled.

Women allege body checks before pageant. Investigation launched. Safety prioritized.

Indonesia winner to compete in November finale. Height requirement controversy.

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WASHINGTON, UNITED STATES — The Miss Universe Organization has cut ties with its Indonesia franchise, it announced days after allegations of sexual harassment, and will cancel an upcoming Malaysia edition.

In the complaint, more than a half dozen women said all 30 finalists for Miss Universe Indonesia were unexpectedly asked to strip for a supposed body check for scars and cellulite two days before the pageant’s crowning ceremony in Jakarta.

Their lawyer said Tuesday that five of the women had their pictures taken.

“In light of what we have learned took place at Miss Universe Indonesia, it has become clear that this franchise has not lived up to our brand standards, ethics, or expectations,” the US-based Miss Universe Organization posted Saturday night on social media site X, formerly known as Twitter.

It said that it had “decided to terminate the relationship with its current franchise in Indonesia, PT Capella Swastika Karya, and its National Director, Poppy Capella.”

It thanked the contestants for their bravery in coming forward and added that “providing a safe place for women” was the organization’s priority.

Jakarta police spokesman Trunoyudo Wisnu Andiko said Tuesday that an investigation into the women’s complaint has been launched.

The Indonesia franchise also holds the license for Miss Universe Malaysia, where there will no longer be a competition this year, according to the New York-based parent organizer.

In a lengthy statement posted to Instagram, Indonesia franchise director Capella denied involvement in any body checks.

“I, as the National Director and as the owner of the Miss Universe Indonesia license, was not involved at all and have never known, ordered, requested or allowed anyone who played a role and participated in the process of organizing Miss Universe Indonesia 2023 to commit violence or sexual harassment through body checking,” she wrote.

She added that she is against “any form of violence or sexual harassment.”

The Jakarta competition was held from 29 July to 3 August to choose Indonesia’s representative to the 2023 Miss Universe contest, and was won by Fabienne Nicole Groeneveld.

Miss Universe said it would make arrangements for her to compete in the finale, scheduled for November in El Salvador.

This year’s Indonesia pageant also came under fire for announcing a “significant change in this (year’s) competition guidelines” with the elimination of its minimum height requirement after it had crowned a winner.

In its statement, the Miss Universe Organization said it wanted to “make it extremely clear that there are no measurements such as height, weight, or body dimensions required to join a Miss Universe pageant worldwide.”

— AFP

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Malaysia

A Perodua service centre in Kuantan, Malaysia went viral for its strict dress code, Perodua responds

A dress code for vehicle servicing? A Malaysian car brand’s service centre dress code signage has puzzled netizens, raising queries about the need for attire rules during a routine service.

The manufacturer responded with an official statement after a flurry of comments, seeking to clarify and apologize.

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MALAYSIA: A dress code signage positioned at a service centre belonging to a prominent Malaysian car brand has sparked bewilderment among Malaysian netizens, who question the necessity of adhering to attire guidelines for a simple vehicle servicing.

The signage explicitly delineates clothing items that are deemed unsuitable, including sleeveless tops, short skirts, abbreviated pants, and distressed jeans.

The car manufacturer swiftly found itself flooded with comments from both inquisitive and irked Malaysian netizens. This surge in online activity prompted the company to issue an official statement aimed at clarifying the situation and extending an apology.

In a post that gained significant traction on the social media platform, politician Quek Tai Seong of Pahang State, Malaysia, shared an image to Facebook on Monday (7 Aug).

The image showcased a dress code sign prominently displayed at a Perodua Service Centre in Kuantan. Within the post, Quek posed the question: “Is this dress code applicable nationwide, or is it specific to this branch?”

The signage reads, “All customers dealing with Perodua Service Kuantan 1, Semambu, are requested to dress modestly and appropriately.”

Adding visual clarity to these guidelines, the sign features illustrative graphics that explicitly outline clothing items deemed unacceptable, including sleeveless tops, short skirts, short pants, and ripped jeans.

Delineating the specifics of the dress code, the signage stipulates that male visitors are expected to don shirts accompanied by neckties, opt for long pants, and wear closed shoes.

Conversely, female visitors are advised to don long-sleeved shirts, full-length skirts, and closed-toe footwear.

Perodua’s dress code sparks online uproar

Following the rapid spread of the post, Perodua’s official Facebook page found itself inundated with comments from both intrigued and frustrated Malaysian netizens, all seeking clarifications about the newly surfaced dress code policy.

Amidst the flurry of comments, numerous incensed netizens posed pointed questions such as, “What is the rationale behind the introduction of such regulations by the management? We demand an explanation.”

Another netizen expressed their dissatisfaction, arguing against the necessity of the rule and urging Perodua to take inspiration from the practices of other 4S (Sales, Service, Spare Parts, and Survey) automotive dealerships.

A concerned Facebook user chimed in, advocating for a more lenient stance, asserting that attempting to dictate customers’ clothing choices might not be in the company’s best interest.

Someone also commented in an angry tone, “Oi what is this? Going there for car service, not interview or working, right.”

As the discourse unfolded, it became evident that while some inquiries carried genuine weight, others chose to inject humor into the situation, playfully remarking, “If I wanted to buy a Myvi, I should buy or rent a formal attire first.”

“I sell economy rice at a hawker centre, I have never worn a long sleeve shirt and a tie… I guess I will not buy a Perodua car then.”

“I guess they will not serve those who wear short pants.”

Perodua addresses dress code controversy

As reported by Chinese media outlet Sin Chew Daily News, the manager of Kuantan’s Perodua Service Centre had acknowledged that the images on the dress code signage were misleading.

In response, the manager divulged that discussions had transpired with the head office, leading to the prompt removal of the signage to prevent any further misconceptions.

The manager clarifies, “We do encourage visitors to adhere to the dress etiquette, but we won’t go to the extent of restricting their choice of attire.”

He also revealed that currently, no complaints have been directly received from the public.

However, feedback from certain customers was relayed through Perodua’s agents.

Perodua also released an official statement by chief operating officer JK Rozman Jaffar on Wednesday (9 Aug) regarding the dress code on their official Facebook page.

The statement stated the dress code etiquette is not aligned with their official guidelines and they are currently conducting an official investigation on the matter followed by corrective measures to avoid the same incident from happening.

Perodua also extends its apologies for any inconvenience caused.

 

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