Civil Society
International and regional civil society organisations urge Singapore Govt’ to withdraw police report against New Naratif, claiming that the law is “particularly problematic”
Several international and regional civil society organisations have called on the Government to immediately withdraw its police report against independent regional journalism outlet New Naratif, and to stop “abusing the law to harass” human rights defenders and independent journalists.
Just today (2 Oct), a joint statement issued by the ASEAN Parliamentarians for Human Rights (APHR), Amnesty International, Article 19, CIVICUS, Forum Asia, Human Rights Watch, and Scholars at Risk urged the Singapore Government to drop its police report against New Naratif.
“We, the undersigned civil society organizations, urge the Government of Singapore to order the Elections Department (ELD) to immediately withdraw its police report against New Naratif, and to cease abusing the law to harass critical voices and independent journalists.”
The organisations said the police report made against the publication follows “a well-documented pattern of Singaporean authorities using vague and broadly-worded laws to unduly restrict the right to freedom of expression, and harass human rights defenders and independent journalists”.
The Elections Department (ELD) under the Prime Minister’s Office had earlier on (18 Sept) issued a press statement saying that the Assistant Returning Officer (ARO) had filed a police report against New Naratif.
The publication, which co-founded and managed by historian Thum Ping Tjin, was alleged of publishing “paid advertisements that amounted to the illegal conduct of election activity under s83(2) of the Parliamentary Elections Act (PEA) during the recent 2020 General Election”.
The ARO had issued three notices to Facebook on 3 July, 7 July, and 8 July 2020 to remove five unauthorised paid advertisements published on its platform by New Naratif.
New Naratif condemned the police report made against it as a politically motivated attack on freedom of expression and described it as harassment.
Under the PEA, the conduct of any election activity requires prior written authority signed by a candidate or their election agent.
ELD claimed that neither New Naratif nor its representatives or agents were authorised by any candidate or election agent in this GE to conduct election activity.
However, the civil society organisations pointed out that the scope of “election activity” under the PEA is “extremely broad”.
“Virtually any act of information dissemination or awareness-raising relating to key issues of public interest conducted in the lead-up to or during an election can fall under the overbroad scope of ‘promoting electoral success’ or ‘prejudicing electoral prospects,’ and must therefore receive prior written authorization.
“The provision is so vague that it does not allow for individuals to be able to adequately predict what activity could fall foul of the law, while allowing the Elections Department to control, censor and potentially criminalize any political speech and discussion during the election period,” they stated.
Citing the international human rights law, the civil society organisations pointed out that the PEA has failed to meet the requirements for restricting freedom of expression.
“According to international human rights law, all restrictions on freedom of expression should be provided for by clear, detailed and well-defined laws; be imposed to serve a legitimate aim, namely to protect the rights and reputation of others, national security, public order, public health or public morals; and restrictions must be both necessary and proportionate to achieve the defined legitimate aim.”
Additionally, they urged the Government to repeal all repressive laws that curtail the rights of freedom of expression and proposed to impose legal mechanisms to ensure that the rights are applied to all and not subject to “unlawful restrictions”.
“Furthermore, the law is particularly problematic as the Elections Department is not an independent body but is part of the Prime Minister’s Office.
“This allows for discriminate advantage to be given by the ELD, which answers to the Prime Minister, to information, expression and opinions expressed in line with or favourable to the ruling party, rather than politically opposing viewpoints.”
The organisations also implored the Government to “end the intimidation and harassment” of human rights defenders and stop abusing the legal system.
They emphasized that the right to freedom of expression is “crucial” during elections, and that it should be “guaranteed” by allowing free media, freedom to discuss and debate public affairs, and the right to hold peaceful assemblies.
While associations should be able to engage in “a plurality of political ideas and viewpoints” through fair and balanced election campaigning and advertising.
“Particularly within the context of Singapore, where the election campaign period often lasts only for days or a couple of weeks this provision allows for censuring of independent media outlets crucial to facilitate information and dialogue on key issues of public interest within a narrow period during which it is most pertinent to people in Singapore prior to the casting of their votes,” the organisations asserted.
Civil Society
APHR urges Myanmar’s SAC to halt imminent execution of five democracy activists
The ASEAN Parliamentarians for Human Rights (APHR) has called on Myanmar’s State Administration Council to halt the execution of five democracy activists scheduled for 24 September 2024. APHR cited grave concerns about the death sentences and called for the activists’ unconditional release.
The ASEAN Parliamentarians for Human Rights (APHR) has called on Myanmar’s ruling State Administration Council (SAC) to immediately halt the scheduled execution of five democracy activists, set to take place on 24 September 2024.
The activists—Zaryaw Phyo (32), San Min Aung (24), Kyaw Win Soe (33), Kaung Pyae Sone Oo (27), and Myat Phyo Pwint—were sentenced to death in a closed-door hearing at Yangon’s Insein Prison on 18 May 2023.
They were convicted for their alleged involvement in a deadly shooting on a Yangon train in 2021, which resulted in the deaths of six police officers.
The attack occurred amid a national wave of armed resistance to the military coup that had taken place earlier in 2021.
The detainees were charged with murder and illegal weapons possession under several laws, including the 1949 Arms Act and the 2014 Counterterrorism Law.
According to Myanmar Now, the sentences were handed down by District Judge Khin Ni Ni Aye of Ahlone Township, where the attack took place nearly two years earlier.
The court sentenced Kaung Pyae Sone Oo to two death penalties under the Arms Act and terrorism charges, while the other defendants received one death sentence and one life sentence each.
APHR Chairperson Mercy Chriesty Barends, a member of Indonesia’s House of Representatives, condemned the verdicts, calling for the unconditional release of the detainees.
“We call upon the SAC to immediately release them and ensure that, pending their release, the detention conditions comply with international standards,” Barends said. She further stressed the importance of access to legal representation, medical care, and contact with family.
The activists’ death sentences were particularly concerning to APHR, as they were issued by the civilian judiciary, rather than a military court, marking the first such case since the military coup in 2021.
APHR Board Member Wong Chen, a Malaysian MP, called the use of the death penalty a means of stifling dissent. “The use of capital punishment as a tool to suppress dissent is unacceptable and must be condemned in the strongest terms,” he stated.
The group also drew attention to the fact that this sentencing comes at a time when more than 100 post-coup prisoners are currently on death row in Myanmar.
The Assistance Association for Political Prisoners (AAPP) reported that 117 individuals arrested following the 2021 coup await execution, and a further 42 have been sentenced to death in absentia. While the regime has commuted some sentences and pardoned political prisoners, the continued use of capital punishment signals a deepening crackdown on political opposition.
Kasit Piromya, APHR Board Member and former Thai MP, noted the broader implications of these sentences. “This marks the first instance of the civilian judiciary, rather than a military tribunal, issuing death sentences since the coup, signalling a disturbing shift in the judicial proceedings in Myanmar,” he said.
The upcoming execution has raised fears reminiscent of the August 2022 execution of four prominent anti-coup activists, including former National League for Democracy (NLD) MP Phyo Zeya Thaw, whose executions marked the first use of capital punishment in Myanmar in decades and sparked global outrage.
APHR Board Member Arlene D. Brosas, a Philippine MP, said that the SAC’s ongoing use of executions represents a “significant setback” in peace efforts.
“These executions show the absence of political will from the SAC to implement the ASEAN Five-Point Consensus meaningfully,” she added.
APHR continues to advocate for the unconditional release of all political prisoners in Myanmar and urges the international community to increase pressure on the SAC to cease its human rights violations.
Civil Society
RSF condemns Malaysian court ruling against British journalist Clare Rewcastle Brown
Malaysia’s Federal Court rejected Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable for damages over RM 435,000. RSF condemned the decision as an effort to silence the journalist, who is known for reporting on corruption scandals.
Malaysia’s Federal Court has dismissed British journalist Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable to pay damages exceeding RM 435,000 (US$103,325).
The defamation suit, which RSF (Reporters Without Borders) describes as part of a broader effort to silence journalists reporting on corruption, relates to a statement in Rewcastle Brown’s 2018 book, The Sarawak Report – The Inside Story of the 1MDB Expose.
The journalist has faced legal challenges ever since, including both civil and criminal cases.
Rewcastle Brown, known for exposing Malaysia’s 1MDB financial scandal, was accused of defaming the Sultanah of Terengganu, the wife of a senior political figure.
The defamation suit stems from a misidentification error in the book, which wrongly stated that the Sultanah, rather than the Sultan’s sister, was connected to a businessman involved in the scandal.
Rewcastle Brown quickly corrected the mistake and issued an apology in 2018. Her legal team has argued that the error does not constitute defamation or criminal libel.
The Sultanah had initially sought RM 100 million in general damages, but the court ultimately awarded a much smaller sum of RM 300,000 (US$71,230) in damages, along with RM 135,000 (US$32,095) in legal costs. Additional fees are expected.
The Federal Court’s decision on 10 September 2024 closes Rewcastle Brown’s legal avenues for appeal in the civil case.
Reporters Without Borders has condemned Malaysia’s handling of the case, asserting that it is intended to intimidate other journalists from reporting on corruption.
Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”
In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself. The British government has not commented publicly on her case.
RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.
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