Current Affairs
剖析《防假消息法》附属条例 是否回应了各界对法案权限的忧虑?
本月2日起,已经公布于宪报的《防止网络假信息和防止网络操纵法案》正式生效。该法自提呈国会以来即备受争议,不仅政界人士,包括国内外学术界、媒体、公民组织等都已对该法提出质疑。
根据政府电子宪报上的通告,尚有其他数个《防假消息法》附属条例也一并发布宪报,包括上诉程序细节、媒体巨头、网络中介的规范等等,以及给与他们时间进行必要的调整,以符合《防假消息法》的条规。
事实上,《防假消息法》草案刚出台,即遭到各界挞伐,提出对赋予部长权力过于广泛、以及可能形成寒蝉效应的忧虑。一些议员、公民组织都曾建议政府再修法,不过在今年5月8日,草案在未经修改下,以72票赞成,九票反对,三票弃权三读通过。
不过,此前律政部长尚穆根在回应官委议员提问时,曾表示将为该法草拟附属条例,那我们且来看看,这些新近公布的条例,是否有回应此前众人对该法表达的忧虑。
忧虑一:法案定义过于笼统
国际法律家委员会(International Commission of Jurists),今年4月中旬曾致函我国领导李显龙及其阁僚,表达对我国《防假消息法》草案的高度关注,认为该法案“定义笼统”,在很多方面都不符合国际司法标准。
工人党议员刘程强在参与草案辩论时,也认为部长可利用法案内假消息的广泛定义条文,根据需要对有关文字是信息还是意见做出选择性的诠释。
不过,就目前在政府电子先报上看到的《防假消息法》附属条例,似乎没有进一步厘清如何解决法案定义过于笼统的问题。
不过,在附属条例第16(1)下,则阐释何谓网络中介和网站持有人,例如拥有每月至少平均50万,来自新加坡的访问用户;而网页持有人/运营者,则指其网站连续三个月,平均每月有10万访客。
忧虑二:申诉程序、时间、成本?
至于议员们所关注的,若被部长指文章涉及虚假内容,被要求撤文或更正,如果有关人士不服,又该如何上诉?
此前尚穆根曾在国会保证,法案将确保上诉程序快捷,任何人或机构若不满部长的指示,可上网填写表格,提交部长作出上诉。
而在附属条例中所提到的事项,也和之前尚穆根解释的上诉程序,未有太大差异,包括可在www.pofmaoffice.gov.sg,填写表格上诉,挑战相关部长/下指示机构的指示。
而根据条规的14(1)项,相关部长/机构,则必须在两个工作日内对上诉作出决定。
不过,14(3)项则提到,如果部长未回复,即代表有关上诉申请已被驳回。
挑战部长被驳回怎么办?
如果被部长驳回怎么办?还可以上诉到高等法院!但必须在部长作出决定后的14天内。根据高庭官网的说明,在提呈原诉传票(originating summons)和书面证词(supporting affidavit)之后,上诉人还要找当值的法庭常务官(Duty Registrar),敲定聆讯日期。
通常聆讯日会定在面见常务官的第六个工作日后。
至于诉讼费方面,网页指出提呈原诉传票,需要200新元,至于书面证词则是每页一元。最低收费为10元。
至于堂费,法庭在聆讯首三日不收费,超出三天才根据“一般价格”收费;法庭也有权豁免收费。
忧虑三:《防假消息法》赋予部长的权力过于广泛
对于上述指控,议员刘程强早在辩论草案时,便曾指出:
法案在国会提出后,面对诸多反对的声浪,政府为了争取支持,不得不对什么才算是假信息做了一些说明。政府也不断要人民相信,他们只是针对假信息,而不是个人意见。可是,在这方面,我对政府没有信心。
在法案真正实施后,政府所呈现的又会是个怎么样的嘴脸呢?举个例子,如果我说政府推出建国一代和立国一代配套是为了买选票,这算是信息还是意见?
不过,《防假消息法》附属案例中,也没有回应制衡部长权力的问题,只不过在事项6中,提供部长指南,在发出指示时应阐明,被发现相关虚假讯息发布的地点、说明有关消息乃假消息的理据以及是否涉及群众利益。
忧虑四:另设独立的仲裁单位?
另一非议《防假消息法》的理由,乃是该法似乎架空司法机构裁决的权限,特别是法庭只能去裁定,究竟部长所裁决的假消息,“是否真的是假消息”,然而,法案内并没有明确指引,部长/执行单位,如何定义何谓真假消息,亦无任何相关单位来判断消息的正确性,或者如何才算牵涉/危及“公众利益”?
此前,三名官委议员:特斯拉副教授、王丽婷和郭秀钦,建议应设立独立的理事会,以便监督网络虚假事件,以及监督执法情况。
但尚穆根以担心官僚结构“不必要的臃肿”(unnecessary bureaucratic bloat),为由,驳斥他们的建议,也强调为国人必须理解现有体系和机制,有能力执行和应付网络假消息问题,“议员在任何时候有疑问,都可通过国会提问,这些问题都会一一或解答。”
再者,尚穆根也一再强调需由部长来先做迅速决定,最后仍可由最高法院来裁决。
故此,在最新的附属法例,也没有任何明文规定阐明会成立独立的监督机构。
Current Affairs
Chee Soon Juan questions Shanmugam’s $88 million property sale amid silence from Mainstream Media
Dr Chee Soon Juan of the SDP raised concerns about the S$88 million sale of Mr K Shanmugam’s Good Class Bungalow at Astrid Hill, questioning transparency and the lack of mainstream media coverage. He called for clarity on the buyer, valuation, and potential conflicts of interest.
On Sunday (22 Sep), Dr Chee Soon Juan, Secretary General of the Singapore Democratic Party (SDP), issued a public statement on Facebook, expressing concerns regarding the sale of Minister for Home Affairs and Law, Mr K Shanmugam’s Good Class Bungalow (GCB) at Astrid Hill.
Dr Chee questioned the transparency of the S$88 million transaction and the absence of mainstream media coverage despite widespread discussion online.
According to multiple reports cited by Dr Chee, Mr Shanmugam’s property was transferred in August 2023 to UBS Trustees (Singapore) Pte Ltd, which holds the property in trust under the Jasmine Villa Settlement.
Dr Chee’s statement focused on two primary concerns: the lack of response from Mr Shanmugam regarding the transaction and the silence of major media outlets, including Singapore Press Holdings and Mediacorp.
He argued that, given the ongoing public discourse and the relevance of property prices in Singapore, the sale of a high-value asset by a public official warranted further scrutiny.
In his Facebook post, Dr Chee posed several questions directed at Mr Shanmugam and the government:
- Who purchased the property, and is the buyer a Singaporean citizen?
- Who owns Jasmine Villa Settlement?
- Were former Prime Minister Lee Hsien Loong and current Prime Minister Lawrence Wong informed of the transaction, and what were their responses?
- How was it ensured that the funds were not linked to money laundering?
- How was the property’s valuation determined, and by whom?
The Astrid Hill property, originally purchased by Mr Shanmugam in 2003 for S$7.95 million, saw a significant increase in value, aligning with the high-end status of District 10, where it is located. The 3,170.7 square-meter property was sold for S$88 million in August 2023.
Dr Chee highlighted that, despite Mr Shanmugam’s detailed responses regarding the Ridout Road property, no such transparency had been offered in relation to the Astrid Hill sale.
He argued that the lack of mainstream media coverage was particularly concerning, as public interest in the sale is high. Dr Chee emphasized that property prices and housing affordability are critical issues in Singapore, and transparency from public officials is essential to maintain trust.
Dr Chee emphasized that the Ministerial Code of Conduct unambiguously states: “A Minister must scrupulously avoid any actual or apparent conflict of interest between his office and his private financial interests.”
He concluded his statement by reiterating the need for Mr Shanmugam to address the questions raised, as the matter involves not only the Minister himself but also the integrity of the government and its responsibility to the public.
The supposed sale of Mr Shamugam’s Astrid Hill property took place just a month after Mr Shanmugam spoke in Parliament over his rental of a state-owned bungalow at Ridout Road via a ministerial statement addressing potential conflicts of interest.
At that time, Mr Shanmugam explained that his decision to sell his home was due to concerns about over-investment in a single asset, noting that his financial planning prompted him to sell the property and move into rental accommodation.
Mr Shanmugam is said to have recused himself from the decision-making process, and a subsequent investigation by the Corrupt Practices Investigation Bureau (CPIB) found no wrongdoing while Senior Minister Teo Chee Hean confirmed in Parliament that Mr Shanmugam had removed himself from any decisions involving the property.
As of now, Mr Shanmugam has not commented publicly on the sale of his Astrid Hill property.
Comments
Redditors question support for PAP over perceived arrogance and authoritarian attitude
Despite Senior Minister Lee Hsien Loong’s warning that slimmer electoral margins would limit the government’s political space “to do the right things”, many Redditors questioned their support for the ruling PAP, criticising its perceived arrogance. They argued that SM Lee’s remarks show the party has ‘lost its ways’ and acts as if it alone can determine what is right. Others noted that the PAP’s supermajority allows for the passage of unfavourable policies without adequate scrutiny.
In a recent speech, Senior Minister Lee Hsien Loong warned that “if electoral margins get slimmer, the government will have less political space to do the right things.”
Mr Lee, who served as Prime Minister for 20 years, highlighted the risks associated with increasingly competitive politics.
“It will become harder to disregard short-term considerations in decision-making. The political dynamics will become very different,” he stated during his speech at the Annual Public Service Leadership Ceremony 2024 on 17 September.
“Singaporeans must understand the dangers this creates, and so must the public service,” SM Lee stressed.
SM Lee pointed out that Singapore faces formidable internal and external challenges in the years ahead, with rising expectations and demands from citizens.
As growth becomes harder to achieve and politics becomes more fiercely contested, he warned, “Things can go wrong for Singapore too.”
He urged vigilance in preparing for an uncertain future, noting, “As the world changes, and as the generations change, we must do our best to renew our system – to ensure that it continues to work well for us, even as things change.”
Critique of PAP’s Arrogance and Disconnect from Singaporeans
The People’s Action Party (PAP) experienced a notable decline in its vote share during the 2020 General Election, securing 61.24% of the votes and winning 83 out of 93 seats, a drop from 69.9% in 2015.
A significant loss was in Sengkang GRC, where the PAP team, led by former Minister Ng Chee Meng, was defeated by the Workers’ Party (WP).
In discussions on Reddit, some users questioned why they should support the ruling PAP, criticising the party’s perceived arrogance.
They pointed out that SM Lee’s recent remarks illustrate that the party has strayed from effectively serving Singaporeans and seems to believe it has the sole authority to decide what is right.
Others highlighted that the PAP’s super-majority in Parliament enables the passage of unfavourable policies without sufficient scrutiny.
One comment acknowledged that while many older Singaporeans remain loyal to the PAP due to its past achievements, younger generations feel the party has failed to deliver similar results.
There is significant frustration that essentials like housing and the cost of living have become less affordable compared to previous generations.
The comment emphasised the importance of the 2011 election results, which they believe compelled the PAP to reassess its policies, especially concerning foreign labor and job security.
He suggested that to retain voter support, the PAP must continue to ensure a good material standard of living.
“Then, I ask you, vote PAP for what? They deserve to lose a supermajority. Or else why would they continue to deliver the same promises they delivered to our parents? What else would get a bunch of clueless bureaucrats to recognise their problems?”
Emphasising Government Accountability to the Public
Another Redditor argued that it is the government’s responsibility to be accountable to the people.
He further challenged SM Lee’s assertion about having less political space to do the right things, questioning his authority to define what is “right” for Singapore.
The comment criticised initiatives like the Founder’s Memorial and the NS Square, suggesting they may serve to boost the egos of a few rather than benefit the broader population. The Redditor also questioned the justification for GST hikes amid rising living costs.
“Policies should always be enacted to the benefit of the people, and it should always be the people who decide what is the best course of action for our country. No one should decide that other than us.”
The comment called for an end to narratives that present the PAP as the only party capable of rescuing Singapore from crises, stating that the country has moved past the existential challenges of its founding era and that innovative ideas can come from beyond a single political party.
Another comment echoed this sentiment, noting that by stating this, SM Lee seemingly expects Singaporeans to accept the PAP’s assumption that they—and by extension, the government and public service—will generally do the “right things.”
“What is conveniently overlooked is that the point of having elections is to have us examine for ourselves if we accept that very premise, and vote accordingly.”
A comment further argued that simply losing a supermajority does not equate to a lack of political space for the government to make the right decisions.
The Redditor express frustration with SM Lee’s rhetoric, suggesting that he is manipulating public perception to justify arbitrary changes to the constitution.
Concerns Over PAP’s Supermajority in Parliament
Another comment pointed out that the PAP’s supermajority in Parliament enables the passage of questionable and controversial policies, bypassing robust debate and discussion.
The comment highlighted the contentious constitutional amendments made in late 2016, which reserved the elected presidency for candidates from a specific racial group if no president from that group had served in the previous five terms.
A comment highlighted the contrast: in the past, the PAP enjoyed a wide electoral margin because citizens believed they governed effectively. Now, the PAP claims that without a substantial electoral margin, they cannot govern well.
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