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"Tyranny of the majority"

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Francie Seow

Francis Seow

by Teo Soh Lung

“… the sole end for which mankind are warranted, individually or collectively in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” – John Stuart Mill

The People’s Action Party (PAP) government is fond of telling us that it has the mandate of the people and is free to carry out whatever it thinks is “good for the people”. Indeed, the government does get away with a lot of unjust policies which in any first world country would never have seen the light of day. The philosopher’s words are irrelevant to the PAP but his warning in the essay that there could be “tyranny of the majority” can often be seen in Singapore.
Indeed, the government does get away with a lot of unjust policies which in any first world country would never have seen the light of day. The philosopher’s words are irrelevant to the PAP but his warning in the essay that there could be “tyranny of the majority” can often be seen in Singapore.
Take the case of Francis Seow. He was elected by an overwhelming majority of his peers to be a member of the Council of the Law Society of Singapore in 1985. The majority of members in Council subsequently elected him to be the president for a term of two years.
But what did the then prime minister, Lee Kuan Yew together with two other ministers, Mr E W Barker and Prof S Jayakumar and five members of parliament, Dr Yeoh Ghim Seng (who was the chairman), Messrs Bernard Chen, Chua Sian Chin, Tang See Chim and Dr Tan Cheng Bok did to him shortly after in a televised parliamentary select committee hearing?
bill committee
They approved a bill that allowed the removal of Seow as the president of the law society. Incidentally, five of the eight members of the committee were lawyers.
Swiftly, and by an overwhelming majority of PAP members in parliament, the bill was passed and Francis Seow was unceremoniously removed from council even before his term expired. To be exact, he served as president for barely ten months. That blatant and shameful act though completely legal, was never debated in parliament or outside. Singaporeans did not protest. No one breathed a word because everyone knew then that they could be the next victim. Fear prevailed throughout the 1980s and after.
The constitution which was meant to protect the people with its clear pronouncement of fundamental liberties, has never been the supreme law as intended by the authors. It has time and again been amended and used against the people of Singapore, lending legitimacy to immoral acts of the government.
For ease of reading, I have inserted PM for Prime Minister Lee Kuan Yew and Seow for Francis Seow and deleted the numbering of paragraphs which ran from 414 to 422 (pages B65 to B66) of the Report of the Select Committee on the Legal Profession (Amendment) Bill, 1986.

PM (Lee Kuan Yew): Do you know why those investigations proceeded?
Seow: Why? It is quite obvious why.
PM: Why?
Seow: Okay, you tell me why?
PM: If it is obvious, I want to hear your explanation?
Seow: Well, maybe my explanation is different from yours.
PM: Tell us. I will tell you mine in a moment?
Seow: Yes. You don’t like me to be the President of the Law Society. It is simple as that.
PM: No. I am astounded and outraged that a person with your moral qualities is being asked to uphold the integrity of the Bar?
Seow: And why not, may I ask? If my peers, if the rest of the members of the Bar who know the full circumstances of my two suspensions and convictions still see me fit to elect me, it is not for this Committee nor for you or indeed anyone to say that I should not be.
PM: Mr Seow, when we legislated it never occurred to us for one moment, first, that lawyers of more than 12 years’ standing would vote you into the Council and, second, that the Council members, 10 of them, would vote and make you President. And when that happens, the law will be changed because obviously the lawyers are not fit to look after their own affairs. By the time they elected you as President, I am entitled to tell Members of Parliament and Singaporeans that they are unfit to govern themselves, a right of government which we, as legislators, have delegated. That is why we are here — ?
Seow: I accept that.
PM: To change the law. And if you convince me further that we have not changed it adequately, I will go another step to make sure that this does not happen ever again. It is for me. It is not for you to decide?
Seow: I accept that. But as of now, the fellow members of the Bar, knowing fully what the position is. Look, my life has been an open book. The Straits Times has been canvassing everything about my convictions, my suspension, almost ad nauseam. So these members know it when they voted me in. They are also thinking people and they know what is right and what is wrong.
PM: By that you mean that they can absolve you from all moral blame because they have reposed confidence in you by voting for you?
Seow: I do not know what you mean by morality or —-
PM: You have no sense of right or wrong or shame? —
Seow: Of course, I have the sense of right and wrong as well as the expression of shame, as I am sure all of you do have. As a matter of record, may I mention this, that I was in fact suspended for one year from the 30th April 1973 to the 29th April 1974. That was my first suspension over that unfortunate Gemini affair. I stood and was elected as a Council member in 1976 and 1977.

The full report here

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33 individuals post #idefypofma campaign in solidarity with activist Kokila Annamalai

33 individuals have launched the #idefypofma campaign, reposting activist Kokila Annamalai’s statement in defiance of a POFMA correction. Annamalai criticised Minister K Shanmugam, who holds the record for issuing POFMA orders, accusing him of using the law to suppress dissent.

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On 5 October 2024, the Transformative Justice Collective (TJC), an advocacy group opposing Singapore’s death penalty, received its third Protection from Online Falsehoods and Manipulation Act (POFMA) correction direction.

Issued by Minister for Home Affairs and Law, K Shanmugam, the correction was in response to alleged false statements made by TJC regarding Singapore’s death row processes and the prosecution of drug trafficking cases.

These statements were shared on TJC’s website and social media platforms, including Facebook, Instagram, TikTok, and X (formerly Twitter).

Civil activist Kokila Annamalai also received a correction direction over similar posts shared between 4 and 5 October 2024.

According to the Ministry of Home Affairs (MHA), the posts by both TJC and Annamalai contained misinformation about Singapore’s legal procedures, particularly regarding the scheduling of executions and the prosecution of drug trafficking offences.

MHA stated that the posts suggested the government arbitrarily schedules executions without following legal protocols, and that the state does not bear the burden of proving drug trafficking charges.

The ministry refuted these claims, asserting that Singapore strictly adheres to legal procedures, ensuring all legal avenues are exhausted before scheduling executions. MHA further emphasised that the prosecution must always prove its case beyond a reasonable doubt, including in drug-related offences.

Following Kokila Annamalai’s refusal to comply with the correction direction, the POFMA Office issued a targeted correction to Meta Platforms and X on 11 October, requiring these platforms to display a correction notice in relation to her posts.

MHA also initiated investigations into Annamalai’s non-compliance, with potential penalties that could include fines or imprisonment.

In a defiant public statement, Annamalai defended her decision to disobey the correction order, describing it as an unlawful overreach of ministerial powers.

She argued that her posts, which discussed the execution of Azwan bin Bohari, contained only her opinions on the legal process and did not include falsehoods.

Annamalai accused Mr Shanmugam of abusing his authority by attempting to silence dissent and control public discourse on controversial topics like the death penalty.

She expressed her refusal to “parrot” the government’s narrative, particularly on a matter as contentious as capital punishment.

Annamalai wrote, “Policing my opinions is beyond the scope of POFMA… It is a gross abuse of power to force those with an opposing view to discredit and humiliate ourselves… Shanmugam may have the power to issue POFMA orders, but I have the strength of my conviction.”

Mr Shanmugam holds the record for issuing the most POFMA correction directions. To date, he has issued 19 correction directions, far outpacing other ministers, with National Development Minister Desmond Lee in second place with 10.

#idefypofma campaign

Her statement resonated with many, and on 22 October 2024, a group of 33 individuals, including activists, workers, and ordinary people who found this wrong and a huge overreach, launched a solidarity campaign under the hashtag #idefypofma.

These individuals reposted Annamalai’s original message, which had been subject to the POFMA correction, in an act of collective defiance.

In their posts, they expressed firm support for Annamalai, echoing her belief that the government had misused POFMA to suppress criticism and alternative viewpoints.

The individuals asserted: “We stand by everything in the post. Nothing in it is false. We believe that the government has misused POFMA against criticism, dissent and alternative views.”

The campaign, #idefypofma, challenges the reach of POFMA, a law enacted by the Singaporean government in 2019 to combat misinformation, particularly online.

Under POFMA, government ministers can issue correction directions to individuals or platforms, requiring them to display corrected information alongside allegedly false statements. Non-compliance can result in significant penalties, including fines of up to S$20,000 for individuals and up to S$500,000 for companies, as well as possible jail terms.

POFMA has sparked controversy since its inception, with critics arguing that it grants excessive powers to ministers and is used disproportionately against dissenters, activists, and opposition figures.

Civil society groups have expressed concerns that the law could be used to stifle free speech and legitimate criticism, particularly given that ministers, not independent judicial bodies, have the initial authority to issue correction directions. While there is a legal avenue to appeal these directions, the process can be costly and daunting for individuals.

Annamalai’s refusal to comply with the POFMA correction and the subsequent #idefypofma campaign highlight ongoing tensions in Singapore over the limits of free speech, especially in relation to sensitive issues like the death penalty.

Despite the government’s assertions that POFMA is necessary to safeguard Singapore from the harms of misinformation, the law’s use against activists and advocacy groups continues to raise concerns about its broader implications for free speech.

Critics argue that the law, while intended to protect the public interest, risks becoming a tool for political control, particularly when used to silence those who voice opposition to government policies.

As TJC and activists like Annamalai continue to advocate against capital punishment, they face increasing scrutiny and legal challenges under POFMA. The solidarity expressed by the 33 individuals in the #idefypofma campaign demonstrates a growing resistance among some in Singapore’s civil society against what they see as an encroachment on public discourse and political expression.

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RSF Director General meets Taiwanese President Lai Ching-te, proposes measures to combat disinformation

Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met Taiwanese President Lai Ching-te on 16 October 2024 to discuss measures for strengthening Taiwan’s democracy against disinformation. Bruttin highlighted the importance of media reform, citing Taiwan’s improved press freedom ranking and RSF’s global initiatives.

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Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met with Taiwanese President Lai Ching-te in Taipei on 16 October 2024.

The meeting focused on strategies to bolster Taiwan’s democratic resilience against disinformation. Bruttin was accompanied by key figures from RSF and Taiwan’s leadership, including Secretary-General of the National Security Council Joseph Wu and Deputy Minister of Foreign Affairs François Wu.

The delegation also included notable figures from RSF’s Taipei Bureau, such as Director Cédric Alviani, Advocacy Manager Aleksandra Bielakowska, and Development and Projects Manager Shataakshi Verma.

The talks were held in the context of Taiwan’s rising prominence in global press freedom, with the nation moving from 35th to 27th place in RSF’s 2024 World Press Freedom Index.

Bruttin praised Taiwan’s advancement but emphasised the importance of continued reforms to ensure that Taiwan’s media remains resilient in the face of increasing disinformation campaigns, particularly given the island’s tense geopolitical situation with the People’s Republic of China.

“Taiwan, as a regional leader in press freedom and the only democracy in the Chinese-speaking world, has everything to gain from aligning its media regulations with international standards,” Bruttin stated. He argued that reforms are crucial not only for combating disinformation but also for restoring public trust in the Taiwanese media, which he noted is alarmingly low.

According to recent studies, only three out of ten Taiwanese citizens trust the media, a figure that ranks among the lowest in democratic nations. Bruttin attributed this in part to Taiwan’s polarised and sensationalist media landscape.

During the meeting, Bruttin outlined several key RSF initiatives that Taiwan could adopt to enhance its media environment.

Among these was the Journalism Trust Initiative (JTI), the world’s first ISO-certified media quality standard, designed to promote reliable and transparent journalism.

He also discussed the Paris Charter on Artificial Intelligence and Journalism, which aims to ensure ethical standards in the use of AI within the media.

Additionally, Bruttin introduced RSF’s Propaganda Monitor, a project that tracks and counters propaganda and disinformation worldwide, including efforts by state actors.

Bruttin stressed that implementing these initiatives could help Taiwan build a more transparent and trusted media sector, crucial for democratic stability. He also addressed the role of international platforms, which often dominate local media landscapes, posing a long-term threat to the viability of independent journalism.

Bruttin’s visit coincided with two significant events for RSF in Taiwan.

Firstly, the organisation held its inaugural Asia-Pacific Correspondents Seminar, which gathered regional representatives from RSF for internal discussions on the state of press freedom across Asia.

Secondly, RSF celebrated the seventh anniversary of its Taipei Bureau, which was opened in 2017 to strengthen RSF’s presence in the region. The anniversary reception saw over 200 prominent figures from the media and academic spheres attend, highlighting the increasing significance of RSF’s work in Asia.

Taiwan’s media landscape has long been under pressure due to aggressive efforts by the People’s Republic of China to assert sovereignty over the island. China’s state-sponsored disinformation campaigns are frequently aimed at destabilising Taiwan’s democratic institutions.

These efforts have exacerbated divisions within Taiwan’s media sector, which is already fragmented and prone to sensationalist reporting. Bruttin’s recommendations reflect a broader push to enhance Taiwan’s ability to resist such external interference through robust media governance and public trust-building measures.

Bruttin’s discussions with President Lai follow a similar visit by RSF’s previous Director General, Christophe Deloire, in 2017, when he met with then-President Tsai Ing-wen. RSF has consistently praised Taiwan for its commitment to press freedom but continues to advocate for further regulatory improvements.

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