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Defamation action – shield, not sword

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– By Crystal

The F-word, also known as ‘freedom’ in some circles, becomes rather dangerous when it precedes two other words to form The Phrase of Death – FREEDOM OF SPEECH. Nobody talks about it and even though I am merely typing these letters, my fingertips are already overcome with Orwellian trepidation. However, perhaps the brouhaha surrounding the Shadrake trial could be the impetus for change and a more open Singapore society. It might be a good time as any to awaken from our apathetic slumber and consider what freedom of speech means to us.

The main reason why freedom of speech is important is because when defamation action is brought before a court – such as the case brought on by the AGC against Shadrake – there are two competing tenets that must be balanced – freedom of speech and the protection of an individual’s reputation.

The idea of freedom of speech has effect and manifestation of particular social, political, cultural, economic and legal power relationships for centuries. It is a basic human right and is even enshrined in the Universal Declaration of Human Rights (Article 19). This means that if there was a scale on the international level of the importance of certain rights, freedom of speech will be safely within the Don’ch Play-Play level.

The period of Enlightenment in Europe (around the 18th century) wasn’t when all the ang mohs became Buddhists and attained nirvana but was a period where philosophical arguments in support of freedom of speech gestated. The birth of concepts such as freedom of speech as personal autonomy, dissemination of ideas to allow The Truth to be discovered, and the idea that free speech is the essence of democracy and self-government have matured into cornerstones of most democratic countries around the world.

Uniquely Old-School Singapore

The idea that freedom of speech is an integral part of personal self-development and fulfilment has been rebutted in Singapore with the excuse that Singapore is a multi-racial city-state (cue National Day songs) where the harmonious living of Singaporeans demands the surrender of each Singaporean’s freedom of speech.

Personally, I feel that this excuse no longer holds true in 21st century Singapore.

We are racially heterogeneous but we are also racially harmonious. Am I the only one insulted that our government thinks we are not smart enough to distinguish that a fruit-loop who says something negative or tells a horribly insensitive joke about a certain race is harmless and clearly not to be taken seriously? And, hello, has anyone seen the increase in the number of Chindians and Eurasians in Singapore? It’s almost like an eye-candy epidemic that nobody wants a vaccine for.

The discovery of truth argument basically assumes that citizens have a basic level of intelligence and that it is possible to distinguish between truth and falsehood because in an open debate falsity will be exposed. This means that all opinions could and should be challenged so that The Truth will prevail. Some smart, albeit wuliao, people (i.e. professors of philosophy) have claimed that it is not possible to ever discover The Truth.

Without getting caught in the black hole of a discussion of Truth, I have one thing to say (thanks Google!). Even if truth cannot be established for certain, more knowledge is still better than less knowledge. And with more ideas and knowledge available, we will be able to make a more informed decision about what will constitute The Truth.

The third justification that freedom of speech is the essence of self-government and democracy is rather contentious in Singapore I would assume. The starting point is that a representative body (i.e. the government) exists for the purpose of responding to the demands of the people (note: this is the contentious part).

Anyway, assuming the former sentence holds true in Singapore, freedom of speech is thus necessary for the public to express its demands to the government. Furthermore, freedom of speech makes information available to the electorate to facilitate democratic choice and debate about government and political matters.

In Australia, the courts have established that discussions of political and governmental matters are not protected by defamation claims because it is important to discuss and criticise politics because it serves a legitimate aim of a representative and responsible government and allows people to become free and informed electors. This is an important precedent and if we can’t lure (read: steal) the Australian athletes to Singapore with the promise of PR status (wahlau, they won everything at the Commonwealth Games), then at least we should steal/borrow/adapt their relaxed approach to political defamation (with more potential for success, some more).

As Singapore attempts to brand herself as a global centre – or at least a Southeast Asian hub for creativity and innovation – it is clear that an inhibition on free speech and a gazillion cases of defamation action merely create a stifled nation with intimidated and taciturn individuals.

That culture is – confirm plus guarantee with a 3-year warranty – unlikely to encourage creativity and innovation. Defamation is still relevant to protect an individual’s reputation but I believe that defamation should be used as a shield and not a sword.

But then again, I didn’t read law in Cambridge.

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GENERAL DISCLAIMER: This article has been written by an author with limited knowledge of philosophy or law and a highly disputed sense of humour. It is a complete work of personal opinion and satire: DON’T SUE (it will be ironic). Any offence taken herein should be directed to the Internet’s ethereal army “ANONYMOUS”. The reader assumes ALL responsibility and risk for reading this article. Under NO circumstances, including a dream within a dream within a dream or at any stages of INCEPTION will the author be liable for any direct, indirect, incidental, exemplary, special or consequential DAMAGES that result from questioning it’s factual basis or innuendoes.

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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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