Commentaries
The link between POFMA, ISA, and all of us
by Jason Soo
On Wednesday 8 May 2019, the Protection from Online Falsehoods and Manipulation Act (POFMA) was passed in Parliament with a majority of 72 to nine, with three abstentions. Welcome to a fate worse than Orwell’s 1984. We now have not one but 16 ministries of truth.
During the period when POFMA had not yet been formalized into law, over 100 people had assembled at Hong Lim Park on Sunday 28 April. Despite the searing heat, they had gathered to register their opposition to POFMA. Among the crowd were several ex-detainees of Operation Spectrum. They had been arrested under the Internal Security Act (ISA) in 1987. I was not surprised to see them.
Operation Spectrum and similar preventive detentions from the 1960s onwards is evidence that the government is historically the biggest producer of fake news. The falsehoods manufactured by the government had catastrophic consequences, both for the detainees individually, and for society at large. Condemned as subversives in the absence of a trial, the detainees were tortured by officers from the Internal Security Department (ISD). They were even coerced into producing “evidence” against themselves, in the form of “confessions” broadcast on primetime television, and statutory statements splashed across the front pages of newspapers. For everyone else, Operation Spectrum meant the near-paralysis of civil society. It is only in the last ten years or so that we are slowly emerging from this paralysis.
2019 marks the 32nd anniversary of Operation Spectrum. In the last ten years, a growing bibliography of books, poems, artworks, and films has been made of the arrests and detentions. In all that time, no truth and reconciliation commission has been set up, no official response has been forthcoming – not even in the recent Select Committee that spend hours trying to demolish the credentials of historian PJ Thum and the veracity of his research on Operation Coldstore of 1963.
On the contrary, the government has found time to charge activists and bloggers for defamation and contempt, driven critics and academics out of the country, and passed even more legislation to control and criminalize any narrative that does not conform to the officially approved version.
Activists and historians will be able to give a more complete list, but limiting our examples to new laws alone, we have had in the last ten years, the Public Order Act (2009), which in Orwellian doublespeak considers that one person constitutes a public assembly; amendments to the Parliamentary Elections Act (2010), used against alleged offenders for violation of “cooling-off day”; the Broadcasting (Class Licence) (Amendment) Notification (2013), used against news websites to restrict funding and content; the Protection from Harassment Act (2014), used by the Ministry of Defence to allege fake news by alternative news website The Online Citizen; the Administration of Justice (Protection) Act (2016), which entrenches the anachronistic offence of scandalizing the judiciary; and amendments to the Films Act (2018), which eliminate the need for search and seizure warrants.
In 2019, we now have POFMA, the latest incarnation of this control.
At Hong Lim Park, an ex-detainee felt unwell and had to leave. Later, he sent me a message, “I am so angry with POFMA. It is the ISA in new clothes.” The comparison seems far-fetched at first. Closer inspection reveals more compelling similarities.
Essentially, POFMA gives not one but all 16 ministers power to decide whether what you say and write is false and undermines national security or public interest. Likewise, the ISA gives the Home Affairs minister power to decide whether what you do undermines national security.
In both instances, how to define “national security” is left to the discretion of the minister. In both instances, the punishment is severe, with imprisonment of up to 10 years and fines of up to half a million dollars (POFMA)1 or indefinite – I repeat – indefinite detention without trial (ISA). In short, POFMA threatens your right to inform and to be informed, while the ISA threatens your freedom and your liberty, your right to live and act as responsible citizens.
Not surprisingly, in its public relations offensive, the authorities have tried to play down the dangers of the proposed legislation. The following are statements made by the law minister in relation to POFMA:
The Rhetoric: “Laws to curb fake news target false statements of facts, not opinions2.”
[box type=”shadow” align=”” class=”” width=””]The Reality: The division of statements into true, false, and not a statement (i.e., opinion) is flawed and dangerous. Opposition MP Low Thia Khiang has shown that the division between a statement and an opinion is not merely linguistic or formal, but political. Low cites a statement made by PAP minister Heng Swee Kiat, who said, “Older generation of Singaporeans are not ready for a non-Chinese prime minister3.”
In the mouth of the minister or his supporters, such a statement would be considered personal opinion. But if the statement “were to come from the minister’s political opponents on social media, the minister may say that spreading such falsehoods will create racial conflicts, endangering national security4.” As this example shows, the applicability and operation of POFMA will be about power and who possess the power to categorize what one says into a statement or an opinion.
As for the division of statements into true and false, the same principle applies. A letter signed by 83 academics makes precisely this point: “The advance of knowledge derives from, and hence much of academic work focuses on, disputing apparently established ‘facts’. […] Interpretations of even generally agreed upon ‘facts’ may vary greatly…”5 In short, facts are determined in a particular place and a particular time. They can be changed. What a fact is or is not, is as much a matter of power and perspective, as of truth and veracity6.
[/box]The Rhetoric: “99% of people don’t have to worry about what they do 99% of the time7.”
[box type=”shadow” align=”” class=”” width=””]The Reality: 100% of people have to worry 100% of the time. Why? Because ANYONE can suddenly become part of the so-called 1%. You never think you are going to be arrested and charged. There will be no advance warning. Just ask the church volunteers, lawyers, student activists, and theatre practitioners who were tortured and imprisoned under Operation Spectrum. They never imagined that one day in 1987, they would be accused of participating in a Marxist conspiracy to overthrow the government. In his assertion that 99% of people do not have to worry about POFMA, has the law minister made a true or false statement, or is he merely expressing an opinion? Under POFMA, he can exempt anyone, including himself, even when a false statement is made.[/box]
The Rhetoric: “If a minister makes a decision, he can be accountable in Parliament8.”
[box type=”shadow” align=”” class=”” width=””]The Reality: The ruling party holds 82 out of 88 elected seats in Parliament, far above the two-thirds majority needed to amend the constitution, and far, far above the simple majority needed to pass legislation. Until this changes, Parliament is not an effective arena where ministers are held accountable. And neither are elections, which government ministers are fond of citing in order to legitimize their control. Workers’ Party MP Leon Perera has pointed out that “a rogue government can precisely use POFMA powers to stop voters from learning negative information about its actions9.”
This is true, but the even worse reality is that with all TV stations and all newspapers under effective control of the ruling party, the government has already been framing the limits of information ever since Television Singapura (1963) came under the control of the Ministry of Culture, and ever since the Newspaper and Printing Presses Act (1974) gave the government power to decide who owns the shares of a newspaper company. In short, the kind of accountability that we need is not the kind that is limited to Parliament or to elections. Accountability should be inscribed in law and practised continually in all instances, not just once every five years during elections or during those rare instances when the party whip is lifted in Parliament.[/box]
The Rhetoric: “[A Minister] can be brought to court and he has to justify this decision10.”
[box type=”shadow” align=”” class=”” width=””]The Reality: When is the last time that a minister appeared in court to justify any official decision, and what has been the outcome? As for the judiciary, an example from Operation Spectrum will be instructive. In 1988, four detainees challenged their detention in a trial that went up to the Court of Appeal. Eventually, the judges choose to release the detainees not on substantive grounds, but on a technicality. This paved the way for the following moves. Hours after the ruling, ISD officers drove the detainees outside of the prison gates, instructed them to get out of the car, and then re-arrested all of them the moment their feet touched the ground. And, as if the control was not extreme enough, the government announced 12 days later that it would amend the law so that ISA detentions could no longer be challenged in court. The following month, these amendments were promptly passed by a Parliament that consisted of a single opposition member.[/box]
With POFMA now passed into law, we can expect that it will soon be used on an unfortunate victim. And we also know that like any other laws, it doesn’t need to be used in order to imprint its chilling effect. Faced with such an oppressive regime, what can any of us do? The answer is, not much. There will be no short cuts and quick fix. But one thing I learned is that all rights are indivisible. They cannot be separated.
The right to liberty, is linked to the right to assemble, is linked to the right to express oneself responsibly, is linked to the right to be informed, is linked to the right to be free from poverty and economic exploitation, is linked to the right to choose your sexual orientation, etc. And, if individual acts are limited in effect, then the obvious answer is that we need to go beyond our atomistic self and engage in collective action. That sounds like something beyond the reach of most of us. But it really isn’t.
Collective action is not a matter of numbers. An individual becomes a collective as soon as s/he plugs into something outside him or herself. And since no single person can exist in isolation, every person is already plugged into multiple collectivities. So in whatever profession you operate in, whatever duties you have to fulfil, whenever you stand up against injustice, whenever you speak out against exploitation, whenever you amplify the voices of those who are silenced, that is collective action in practice. As a poet once said, “We are all each other’s consequences.”
Author/Filmmaker’s Note: On May 19, there will be an anniversary screening of the documentary film on Operation Spectrum at The Projector, followed by a Q&A with the filmmaker and ex-detainees.
Tickets available here.
[toggle title=”Footnotes” state=”close”]1. In the case of companies as opposed to individuals, the fine goes up to a million dollars.
2. https://www.todayonline.com/singapore/no-impact-to-free-speech-law-minister-laws-curb-fake-news-target-false-statements-fact-not-opinions (Accessed 10 May, 2019)
3. https://www.todayonline.com/singapore/older-generation-singaporeans-not-ready-non-chinese-pm-heng-swee-keat (Accessed 10 May, 2019)
4. https://sg.news.yahoo.com/fake-news-law-is-ploy-by-government-to-hold-absolute-power-low-thia-khiang-155910029.html (Accessed 10 May, 2019)
5. https://www.theonlinecitizen.com/2019/04/13/academics-against-disinformation-singapores-proposed-online-falsehoods-law-may-deter-scholarship-and-set-precedents-harmful-to-global-academia/ (Accessed 10 May, 2019)
6. Consider the following question, “Who is the first elected President of Singapore?” On the surface, the answer seems quite straightforward, a matter of fact. But the answer will vary depending on who you ask, and, when you asked them. For most people, the first elected President was Ong Teng Cheong. However, in 2017, the government came up with the idea of a reserved presidential election.
Henceforth, elections for the president would be reserved for candidates of a particular ethnic group, if that ethnic group has not been represented for five terms. The government then announced that counting of these terms would start from Wee Kim Wee. Wee was not popularly elected, but he had been the first person to exercise the powers of the elected president, back when the scheme was introduced during his term.
With the subsequent controversy over whether counting of the terms should start from Ong or Wee, most critics regard the reserved presidential elections as a ruse used by the government to install its preferred candidate, Halimah Yacob. The government’s anxiety to prove the ethnic identity of Halimah is another good example of how seemingly factual statements cannot be satisfactorily categorized into simplistic binaries of true or false, Indian or Malay. It will not have escaped the reader’s attention that the examples cited here repeatedly involve the question of race.
Despite the rhetoric about a “multi-racial” society, many government policies are discriminatory toward minorities. See for example the work of scholars such as Lily Zubaidah Rahim and Michael Barr.
As for the many ambiguities of the elected president, see this article by Jack Tsen-Ta Lee.
7. https://www.channelnewsasia.com/news/singapore/proposed-law-on-falsehoods-has-clear-oversight-mechanism-to-11438132 (Accessed 10 May, 2019)
8. https://www.straitstimes.com/singapore/proposed-law-targets-only-those-who-spread-fake-news-deliberately (Accessed 10 May, 2019)
9. https://www.facebook.com/watch/?v=2431732310439484 (Accessed 10 May, 2019)
10. https://www.straitstimes.com/singapore/proposed-law-targets-only-those-who-spread-fake-news-deliberately (Accessed 10 May, 2019)
[/toggle]Commentaries
Lim Tean criticizes Govt’s rejection of basic income report, urges Singaporeans to rethink election choices
Lim Tean, leader of Peoples Voice (PV), criticizes the government’s defensive response to the basic living income report, accusing it of avoiding reality.
He calls on citizens to assess affordability and choose MPs who can truly enhance their lives in the upcoming election.
SINGAPORE: A recently published report, “Minimum Income Standard 2023: Household Budgets in a Time of Rising Costs,” unveils figures detailing the necessary income households require to maintain a basic standard of living, using the Minimum Income Standard (MIS) method.
The newly released study, spearheaded by Dr Ng Kok Hoe of the Lee Kuan Yew School of Public Policy (LKYSPP) specifically focuses on working-age households in 2021 and presents the latest MIS budgets, adjusted for inflation from 2020 to 2022.
The report detailed that:
- The “reasonable starting point” for a living wage in Singapore was S$2,906 a month.
- A single parent with a child aged two to six required S$3,218 per month.
- Partnered parents with two children, one aged between seven and 12 and the other between 13 and 18, required S$6,426 a month.
- A single elderly individual required S$1,421 a month.
- Budgets for both single and partnered parent households averaged around S$1,600 per member. Given recent price inflation, these figures have risen by up to 5% in the current report.
Singapore Govt challenges MIS 2023 report’s representation of basic needs
Regrettably, on Thursday (14 Sept), the Finance Ministry (MOF), Manpower Ministry (MOM), and Ministry of Social and Family Development (MSF) jointly issued a statement dismissing the idea suggested by the report, claiming that minimum household income requirements amid inflation “might not accurately reflect basic needs”.
Instead, they claimed that findings should be seen as “what individuals would like to have.”, and further defended their stances for the Progressive Wage Model (PWM) and other measures to uplift lower-wage workers.
The government argued that “a universal wage floor is not necessarily the best way” to ensure decent wages for lower-wage workers.
The government’s statement also questions the methodology of the Minimum Income Standards (MIS) report, highlighting limitations such as its reliance on respondent profiles and group dynamics.
“The MIS approach used is highly dependent on respondent profiles and on group dynamics. As the focus groups included higher-income participants, the conclusions may not be an accurate reflection of basic needs.”
The joint statement claimed that the MIS approach included discretionary expenditure items such as jewellery, perfumes, and overseas holidays.
Lim Tean slams Government’s response to basic living income report
In response to the government’s defensive reaction to the recent basic living income report, Lim Tean, leader of the alternative party Peoples Voice (PV), strongly criticizes the government’s apparent reluctance to confront reality, stating, “It has its head buried in the sand”.
He strongly questioned the government’s endorsement of the Progressive Wage Model (PWM) as a means to uplift the living standards of the less fortunate in Singapore, describing it as a misguided approach.
In a Facebook video on Friday (15 Sept), Lim Tean highlighted that it has become a global norm, especially in advanced and first-world countries, to establish a minimum wage, commonly referred to as a living wage.
“Everyone is entitled to a living wage, to have a decent life, It is no use boasting that you are one of the richest countries in the world that you have massive reserves, if your citizens cannot have a decent life with a decent living wage.”
Lim Tean cited his colleague, Leong Sze Hian’s calculations, which revealed a staggering 765,800 individuals in Singapore, including Permanent Residents and citizens, may not earn the recommended living wage of $2,906, as advised by the MIS report.
“If you take away the migrant workers or the foreign workers, and take away those who do not work, underage, are children you know are unemployed, and the figure is staggering, isn’t it?”
“You know you are looking at a very substantial percentage of the workforce that do not have sufficient income to meet basic needs, according to this report.”
He reiterated that the opposition parties, including the People’s Voice and the People’s Alliance, have always called for a minimum wage, a living wage which the government refuses to countenance.
Scepticism about the government’s ability to control rising costs
In a time of persistently high inflation, Lim Tean expressed skepticism about the government’s ability to control rising costs.
He cautioned against believing in predictions of imminent inflation reduction and lower interest rates below 2%, labeling them as unrealistic.
Lim Tean urged Singaporeans to assess their own affordability in these challenging times, especially with the impending GST increase.
He warned that a 1% rise in GST could lead to substantial hikes in everyday expenses, particularly food prices.
Lim Tean expressed concern that the PAP had become detached from the financial struggles of everyday Singaporeans, citing their high salaries and perceived insensitivity to the common citizen’s plight.
Lim Tean urges Singaporeans to rethink election choices
Highlighting the importance of the upcoming election, Lim Tean recommended that citizens seriously evaluate the affordability of their lives.
“If you ask yourself about affordability, you will realise that you have no choice, In the coming election, but to vote in a massive number of opposition Members of Parliament, So that they can make a difference.”
Lim Tean emphasized the need to move beyond the traditional notion of providing checks and balances and encouraged voters to consider who could genuinely improve their lives.
“To me, the choice is very simple. It is whether you decide to continue with a life, that is going to become more and more expensive: More expensive housing, higher cost of living, jobs not secure because of the massive influx of foreign workers,” he declared.
“Or you choose members of Parliament who have your interests at heart and who want to make your lives better.”
Commentaries
Political observers call for review of Singapore’s criteria of Presidential candidates and propose 5 year waiting period for political leaders
Singaporean political observers express concern over the significantly higher eligibility criteria for private-sector presidential candidates compared to public-sector candidates, calling for adjustments.
Some also suggest a five year waiting period for aspiring political leaders after leaving their party before allowed to partake in the presidential election.
Notably, The Workers’ Party has earlier reiterated its position that the current qualification criteria favor PAP candidates and has called for a return to a ceremonial presidency instead of an elected one.
While the 2023 Presidential Election in Singapore concluded on Friday (1 September), discussions concerning the fairness and equity of the electoral system persist.
Several political observers contend that the eligibility criteria for private-sector individuals running for president are disproportionately high compared to those from the public sector, and they propose that adjustments be made.
They also recommend a five-year waiting period for aspiring political leaders after leaving their party before being allowed to participate in the presidential election.
Aspiring entrepreneur George Goh Ching Wah, announced his intention to in PE 2023 in June. However, His application as a candidate was unsuccessful, he failed to receive the Certificate of Eligibility (COE) on 18 August.
Mr Goh had expressed his disappointment in a statement after the ELD’s announcement, he said, the Presidential Elections Committee (PEC) took a very narrow interpretation of the requirements without explaining the rationale behind its decision.
As per Singapore’s Constitution, individuals running for the presidency from the private sector must have a minimum of three years’ experience as a CEO in a company.
This company should have consistently maintained an average shareholders’ equity of at least S$500 million and sustained profitability.
Mr Goh had pursued eligibility through the private sector’s “deliberative track,” specifically referring to section 19(4)(b)(2) of the Singapore Constitution.
He pointed out five companies he had led for over three years, collectively claiming a shareholders’ equity of S$1.521 billion.
Notably, prior to the 2016 revisions, the PEC might have had the authority to assess Mr Goh’s application similarly to how it did for Mr Tan Jee Say in the 2011 Presidential Election.
Yet, in its current formulation, the PEC is bound by the definitions laid out in the constitution.
Calls for equitable standards across public and private sectors
According to Singapore’s Chinese media outlet, Shin Min Daily News, Dr Felix Tan Thiam Kim, a political analyst at Nanyang Technological University (NTU) Singapore, noted that in 2016, the eligibility criteria for private sector candidates were raised from requiring them to be executives of companies with a minimum capital of S$100 million to CEOs of companies with at least S$500 million in shareholder equity.
However, the eligibility criteria for public sector candidates remained unchanged. He suggests that there is room for adjusting the eligibility criteria for public sector candidates.
Associate Professor Bilver Singh, Deputy Head of the Department of Political Science at the National University of Singapore, believes that the constitutional requirements for private-sector individuals interested in running are excessively stringent.
He remarked, “I believe it is necessary to reassess the relevant regulations.”
He points out that the current regulations are more favourable for former public officials seeking office and that the private sector faces notably greater challenges.
“While it may be legally sound, it may not necessarily be equitable,” he added.
Proposed five-year waiting period for political leaders eyeing presidential race
Moreover, despite candidates severing ties with their political parties in pursuit of office, shedding their political affiliations within a short timeframe remains a challenging endeavour.
A notable instance is Mr Tharman Shanmugaratnam, who resigned from the People’s Action Party (PAP) just slightly over a month before announcing his presidential candidacy, sparking considerable debate.
During a live broadcast, his fellow contender, Ng Kok Song, who formerly served as the Chief Investment Officer of GIC, openly questioned Mr Tharman’s rapid transition to a presidential bid shortly after leaving his party and government.
Dr Felix Tan suggests that in the future, political leaders aspiring to run for the presidency should not only resign from their parties but also adhere to a mandatory waiting period of at least five years before entering the race.
Cherian George and Kevin Y.L. Tan: “illogical ” to raise the corporate threshold in 2016
Indeed, the apprehension regarding the stringent eligibility criteria and concerns about fairness in presidential candidacy requirements are not limited to political analysts interviewed by Singapore’s mainstream media.
Prior to PE2023, CCherian George, a Professor of media studies at Hong Kong Baptist University, and Kevin Y.L. Tan, an Adjunct Professor at both the Faculty of Law of the National University of Singapore and the NTU’s S. Rajaratnam School of International Studies (RSIS), brought attention to the challenges posed by the qualification criteria for candidates vying for the Singaporean Presidency.
In their article titled “Why Singapore’s Next Elected President Should be One of its Last,” the scholars discussed the relevance of the current presidential election system in Singapore and floated the idea of returning to an appointed President, emphasizing the symbolic and unifying role of the office.
They highlighted that businessman George Goh appeared to be pursuing the “deliberative track” for qualification, which requires candidates to satisfy the PEC that their experience and abilities are comparable to those of a typical company’s chief executive with shareholder equity of at least S$500 million.
Mr Goh cobbles together a suite of companies under his management to meet the S$500m threshold.
The article also underscored the disparities between the eligibility criteria for candidates from the public and private sectors, serving as proxies for evaluating a candidate’s experience in handling complex financial matters.
“It is hard to see what financial experience the Chairman of the Public Service Commission or for that matter, the Chief Justice has, when compared to a Minister or a corporate chief.”
“The raising of the corporate threshold in 2016 is thus illogical and serves little purpose other than to simply reduce the number of potentially eligible candidates.”
The article also touches upon the issue of candidates’ independence from political parties, particularly the ruling People’s Action Party (PAP).
It mentions that candidates are expected to be non-partisan and independent, and it questions how government-backed candidates can demonstrate their independence given their previous affiliations.
The Workers’ Party advocate for a return to a ceremonial presidency
It comes as no surprise that Singapore’s alternative party, the Workers’ Party, reaffirmed its stance on 30 August, asserting that they believe the existing qualifying criteria for presidential candidates are skewed in favour of those approved by the People’s Action Party (PAP).
They argue that the current format of the elected presidency (EP) undermines the principles of parliamentary democracy.
“It also serves as an unnecessary source of gridlock – one that could potentially cripple a non-PAP government within its first term – and is an alternative power centre that could lead to political impasses.”
Consistently, the Workers’ Party has been vocal about its objection to the elected presidency and has consistently called for its abolition.
Instead, they advocate for a return to a ceremonial presidency, a position they have maintained for over three decades.
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