Sunday 25 January 2009

My Dear Government, Why Do You Treat Me So?


AND


As a (second class) Singaporean, I am deeply saddened today to discover
that my government is trying to enact changes to the law that will effectively give itself (too much) power in controlling the freedom of normal Singaporeans in using their camera-phones or video cameras to capture protests, acts of activism and such on film.

My friend alerted me to this by exclaiming that
"Will recording or filming of events which are considered illegal in law now itself be considered illegal?"
and I responded by saying
"I think the issue is with the 'live' streaming of films and not video recording per se. It would not be feasible to ban the recording of illegal events altogether because this would effect media reporting as well..."
He then replied with further information saying
"...it seemed to say that this amendment was going to give powers for police to confiscate the cameras or stop the filming of protests by people who were not journalists by profession."

I thought to myself, this was quite alarming and distatseful if it were to be the case - but I still did not believe it could be true. So I went searching for the original documentation on these changes and relied on the Singapore Statutes Online and the Films (Amendment) Bill as posted on the Singapore Parliament website.

Of the 3 changes that have been proposed in the bill (a local copy on my server, just in case), 2 are merely cosmetic changes (IMHO) which allow for an advisory board to influence decisions (section 4) and paraphrasing the section to allow for more comprehensiveness (Section 26).

The (shocking) point of contention, however, for me is the 3rd proposed change
which refers to the definition and interpretation as per the provisions under the Films Act (Chapter 107), Section 2:
2-(2) For the purposes of this Act, a film is directed towards a political end in Singapore if the film —

(a) contains wholly or partly any matter which is intended or likely to affect voting in any election or national referendum in Singapore;

(b) contains wholly or partly either partisan or biased references to or comments on any political matter, including but not limited to any of the following:

  • (i) an election or a national referendum in Singapore;
  • (ii) a candidate or group of candidates in an election;
  • (iii) an issue submitted or otherwise before electors in an election or a national referendum in Singapore;
  • (iv) the Government or a previous Government or the opposition to the Government or previous Government;
  • (v) a Member of Parliament;
  • (vi) a current policy of the Government or an issue of public controversy in Singapore; or
  • (vii) a political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body.
2-(3) For the avoidance of doubt, any film which is made solely for the purpose of

(a) reporting of current events; or

(b) informing or educating persons on the procedures and polling times for any election or national referendum in Singapore,


is not a party political film.
After (and not if) the changes have been implemented, this section will read as follows (changes in red):
2-(2) For the purposes of this Act, a film is directed towards a political end in Singapore if the film —

(a) contains wholly or partly any matter which, in the opinion of the Board, is intended or likely to affect voting in any election or national referendum in Singapore;

(b) contains wholly or partly references to or comments on any political matter which, in the opinion of the Board, are either partisan or biased; and any "political matter" includes but is not limited to any of the following:
  • (i) an election or a national referendum in Singapore;
  • (ii) a candidate or group of candidates in an election;
  • (iii) an issue submitted or otherwise before electors in an election or a national referendum in Singapore;
  • (iv) the Government or a previous Government or the opposition to the Government or previous Government;
  • (v) a Member of Parliament;
  • (vi) a current policy of the Government or an issue of public controversy in Singapore; or
  • (vii) a political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body.


The most critical change of all is Section 2-3(a) which changes from
'reporting of current events' to '...reporting of news by a broadcasting service licenced under any written law'. This in itself places anyone filming an 'illegal event' who does not have a press pass in the cross hairs of the authorities (which include the Police) who, under Section 34 of this act, can search and seize any film and equipment used.

Subsequently (upon conviction) such equipment and film 'shall be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct' as well.

I am deeply saddened that in the proposed Bill, where explanations and justifications were provided for all the changes, this critical change was explained away as the expansion of the original list without referring to the change in terminology - ayone can report on current affairs but only a select few may be part of 'a broadcasting service licenced by any law'.

It seems as though this telling change is being sneaked in without any forthright explanation. Honestly, I cannot accept the change or the manner in which it has been included. As far as I am concerned, it is truly a sad day for Singapore as a modern city when (and not if) this section comes into play.

Then, not only will protesting be illegal, so will filming it. My God! What's next? Turning your head to glance becomes an offence? Or will reading the placard/banner/t-shirt lead to being indefinitely detained under the ISA?




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*This article has been featured*

8 comments:

Anonymous said...

sigh.. i think most singaporeans do not take notice of these important issues

Vogon, Singapore said...

wow, you really read that closely, but I think that the change in phrasing is most likely a clarification on what was already intended in the original act.

There are a lot other clauses there that are now allowed, couched in language that is hedged with numerous restrictions.

prabvoodoo3dfx said...

2-(2) For the purposes of this Act, a film is directed towards a political end in Singapore if the film —

it concerns only political related stuff, so in other words this has already been in place for years.

as Vogon has put it, it's just like rephrasing to make it seem clearer in my opinion.

Ganga said...


Thanks for contributing your opinions. Yes, these changes only affect events deemed political in nature.

However, the damning changes are that, where previously, the judgement call on whether an event was political or not was ambiguous (ie. arguable in a court of law), now it is at the sole discretion of the Board of Film Censors; and secondly, where previously anyone could be capturing video to report on current events (eg. bloggers), now it will be restricted to 'news broadcasting agencies with a licence'.

This effectively puts exclusive power in the authorities to deem an activity or event as political - thereby capturing the person(s) involved into this section, following which video capturing devices can be seized with impunity from ordinary citizens - immaterial of whether they have anything to do with the event at all.

This is certainly not an example of moving forward and I am disappointed that our government is doing this to us...

Civic Advocator said...

We hope it is okay for us to publish your article here.

Anonymous said...

Sorry that this is off topic. Did you stay in touch with the echange in Yawningbread after your post?

https://www.blogger.com/comment.g?blogID=28396254&postID=7781606731176626149

Ganga said...


Dear Anon, I have made one last comment on his blog and will not be visiting further due to the obviously high-handed attitude of the author. Needless to say, I will not be visiting Yawning Bread to read articles any more.

Thank you for defending my position on the matter and alerting me to the exchange. Take care and all the best, and feel free to drop me an email anytime...

This is the reply as posted in the comments section of the offending article:

"
After stating my opinions, I did not bother to return. However, Mr Anon (aka 'The Strawman' - as labelled by the author) who has been voicing his displeasure alerted me through my blog and thus I feel obliged to add the following.

As pointed out, the analogy was NOT in the sexual preference (for the author) or ethinicity (for me) but the consequent marginalisation that is irrefutable for both parties.

To miss the point (intentionally or otherwise) and focus on a moot aspect of the argument is a waste of time.

This is the author's blog and he has every right to make sweeping statements and refuse to engage in debate as he so wishes.

If he refuses to acknowledge that he has not walked in my shoes and therefore would not have any inkling of the difficulties, pain and insult I have to bear with throughout my life in Singapore, then he is no different from our dear government which takes a 'I am better educated so I know better' stance to everything.

I continue to be disappointed with this attitude and the irresponsible and inconsiderate suggestion made through this article. This may just be an abstract theory for the author but there are serious implications nonetheless.

The fact that the author chooses not to acknowledge these implications that he might have overlooked (or not realised due to his lack of firsthand experience) is the most damaging of all.

Hence, this will be my last comment on this blog and possibly I will not be able to read further articles here without scepticism due to the inherent bias of, and lack of humility in the author.

The author can choose to display this comment or reject it, but it shall be placed on my blog as well for reference, thank you."

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