The Internet:

Dangers & Pitfalls

by Peter Low

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 Freedom Of Speech
Article 14 of the Constitution of the
Republic of Singapore:

Freedom of speech…

“14. —(1)…

(a) every citizen of Singapore has the

right to freedom of speech and
expression…

Freedom Of Speech
HOWEVER

Parliament may by law impose on the rights conferred,

such restrictions as it considers necessary or expedient
in the interest of:
(A) the security of Singapore or any part
thereof;
(B) friendly relations with other countries;
(C) public order or morality; and

and restrictions designed:

(A) to protect the privileges of Parliament; or

(B) to provide against:
(a) contempt of court;
(b) defamation; or
(c) incitement to any offence.

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“… we are allowing individuals
to participate in Internet
election advertising, by
blogging or posting election
materials.”

RAdm [NS] Lui Tuck Yew,

Senior Minister of State for Information,
Communications and the Arts

Hansard Report Search, 2009-02-04.

ADVISORY COUNCIL ON THE IMPACT OF NEW MEDIA ON SOCIETY

(Report on cyberspace regulation)

14. … the Government will also allow individuals

to participate in Internet election advertising.
Individuals can participate by blogging or posting
election materials. However, there should be some
safeguards to try to maintain accountability and
responsibility. The Government is studying how
this could be done so that any safeguards
introduced would still allow the people to
participate freely and responsibly in
Internet election advertising

15. As AIMS pointed out, restrictions on Internet

election advertising are not unique to Singapore.
Countries like Japan, South Korea, Australia and
Canada have varying degrees of restrictions on
Internet election advertising. They all share a
common fundamental objective, that is, to ensure
the proper and fair conduct of election. Each
country will have to develop its own model to suit
its own environment and circumstances.

Government’s Response to
AIMS Advisory Council

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 Parliamentary Elections Act
(Cap. 218):
The Law

What Is Election Advertising?

• “Election advertising” means any poster, banner,
notice, circular, handbill, illustration, article,
advertisement or other material that can
reasonably be regarded as intended:

(a) to promote or procure the electoral

success at any election for one or more
identifiable political parties/
candidates/groups of candidates; or

(b) to otherwise enhance the standing of any

such political parties/candidates/
groups of candidates with the electorate
in connection with any election.

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 What Is Election Advertising?

• “Election advertising” also includes prejudicing:

(1) the electoral prospects at the election

of other political
parties/candidates/groups of candidates;
or
(2) by prejudicing the standing with the
electorate of other political
parties/candidates/groups of candidates

Publish – The Definition

• “Publish" means making available

to the general public, or any
section thereof, in whatever form
and by whatever means, including
broadcasting (by wireless
telegraphy or otherwise) and
transmitting on the Internet.

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 Corrupt practice
Every person who:

• publishes or causes to be published any election advertising

during the period beginning with the day the writ of election
is issued for an election and ending on the eve of polling day
at the election which does not bear the names and addresses of
its printer, its publisher and the person for whom or at whose
direction the election advertising is published; or

• makes or publishes, before or during any election, for the

purpose of affecting the return of any candidate, any false
statement of fact in relation to the personal character or
conduct of the candidate; or

• makes or publishes, before or during any election, for the

purpose of promoting or procuring the election of any
candidate, any false statement of the withdrawal of any other
candidate at the election

shall be guilty of a corrupt practice.

Penalty for conviction for corrupt

practice
• Fine not exceeding $500;

• Imprisonment for a term not exceeding 6 months; or

• Both; AND

• Become incapable for a period of 7 years from the

date of his conviction of being registered as:
(a) an elector or of voting at any
election; or
(b) of being elected as the President
or a Member of Parliament
(if at that date he has been elected a
Member of Parliament, his election shall
be vacated from the date of the
conviction.)

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 EXEMPTION

HOWEVER

• Penalty for corrupt practice shall not apply in

respect of the transmission by an individual to
another individual, on a non-commercial basis on
the Internet, of his own political views.

Regulations for other election

advertising
The Minister may make regulations:
– prescribing the form and manner in which
details as to the names and addresses of the
publisher of any election advertising not
comprising printed matter and of the person for
whom or at whose direction it is published must
be included in such election advertising

– regulating election advertising and the

publication thereof during an election period
on the Internet including prescribing the
features that must or must not appear or be
used in any such election advertising by
political parties/candidates/election
agents/relevant persons.

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• “Relevant person" means any person or group of
persons in Singapore (other than a political
party/candidate/election agent) which:
(a) provides any programme on the Internet under
a class licence; and
(b) is required under the conditions of the class
licence to register with the Media
Development Authority of Singapore on account
of that person or group of persons engaging
in or providing any programme for the
propagation, promotion or discussion of
political issues relating to Singapore

and a person or a group of persons shall be

regarded as required to register with the Media
Development Authority of Singapore even though the
time permitted for such registration has not
expired.

Penalty
 A fine not exceeding $1,000; or

 Imprisonment for a term not

exceeding 12 months; or

 Both

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 Election advertising ban on polling
day
• No person shall on polling day display or publish,
or cause or permit to be displayed or published,
any election advertising in or among any electors
in any electoral division before the close of all
the polling stations in the electoral division.

EXCEPT

Any election advertising that was lawfully

published before polling day on the Internet and
that was not changed after its publication; and
the transmission by an individual to another
individual, on a non-commercial basis on the
Internet, of his own political views.

Blackout period for election survey

results

• No person shall publish or permit or cause to be

published the results of any election survey
during the period beginning with the day the writ
of election is issued for an election and ending
with the close of all polling stations on polling
day at the election.

• “Election survey” means an opinion survey of how

electors will vote at an election or of the
preferences of electors respecting any candidate
or group of candidates or any political party or
issue with which an identifiable candidate or
group of candidates is associated at an election.

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 Penalty
 A fine not exceeding $1,000; or

 Imprisonment for a term not

exceeding 12 months; or

 Both

Exit polls ban on polling day

• No person shall publish or permit or cause to be
published before the close of all polling stations
on polling day —
(a) any statement relating to the way in
which voters have voted at the election
where that statement is (or might
reasonably be taken to be) based on
information given by voters after they
have voted; or
(b) any forecast as to the result of the
election which is (or might reasonably
be taken to be) based on information so
given.

• “Forecast” includes estimates and any reference to

the result of an election either as a whole or so
far as any particular candidate or group of
candidates at the election are concerned.

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 Penalty
 A fine not exceeding $1,000; or

 Imprisonment for a term not

exceeding 12 months; or

 Both

Defence for election advertising

offences
• It shall be a defence for a person charged with an
offence for election advertising offences to prove
that:

(a) the contravention of election

advertising offences arose from
circumstances beyond his control; and

(b) that he took all reasonable steps, and

exercised all due diligence, to ensure
that that contravention would not arise.

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 Punishment for conviction for illegal
practice
• Fine not exceeding $300; and

• Become incapable for a period of 3 years

from the date of his conviction of being
registered as:
(a) an elector or of voting at any
election; or
(b) of being elected as the President
or a Member of Parliament
(if at that date he has been
elected a Member of Parliament,
his election shall be vacated from
the date of the conviction.)

Prohibition of canvassing on polling

day

No one shall, on polling day,

by word, message, writing or in any other
manner
endeavour to persuade any person to give
or
dissuade any person from giving his vote at
an election.

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 Penalty

 A fine not exceeding $1,000; or

 Imprisonment for a term not

exceeding 12 months.

Prohibition of dissuasion from voting

No person shall
between the day of nomination and polling day
(both days being inclusive)
at any election,
by word, message, writing or in any other
manner
dissuade or attempt to dissuade any person
from giving his vote at the election.

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 Penalty

 A fine not exceeding $1,000; or

 Imprisonment for a term not

exceeding 12 months.

Election Activity
 What is election activity?
Election activity includes
any activity which is done for the
purpose of promoting or procuring
the election of a candidate at any
election other than clerical work
wholly performed within enclosed
premises.

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 Persons prohibited from conducting
election activity
A person:

 attending primary or secondary school as

a student;
 against whom an order of supervision has
been made;
 an undischarged bankrupt; or
 who is not a citizen of Singapore

shall not take part in any election activity.

Persons prohibited from conducting

election activity
• No person shall conduct any election activity without written
authority signed by a candidate/his election agent in Form 22
or Form 23 in the First Schedule; and such authority shall be
issued only on or after the day of nomination.

• Every candidate/election agent shall supply particulars in

duplicate of all written authorities issued by him to the
Returning Officer, who shall on receipt thereof forward a copy
of those particulars to the Commissioner of Police.

• A candidate/election agent shall, if required by the

Commissioner of Police, immediately withdraw and deliver to the
Returning Officer the written authority given to any person
stated to be a person whom an order has been made under section
30 (b) of the Criminal Law (Temporary Provisions) Act.

• No candidate/election agent shall authorise any person to

conduct an election activity, knowing or having reason to
believe that the person is prohibited from conducting election
activity.

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 Penalty

 A fine not exceeding $1,000; or

 Imprisonment for a term not

exceeding 12 months.

Any police officer may arrest

without warrant any person
prohibited from conducting
election activity and take him as
soon as practicable before a
Magistrate’s Court to be dealt
with according to law.

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 Penal Code
(Cap. 224):
The Law

Enhanced penalties for racially or

religiously aggravated offences
“Section 74. —

(1) Where a person is convicted of an offence specified in

subsection (2) which is racially or religiously
aggravated, the court may sentence the person to one and
a half times the amount of punishment to which he would
otherwise have been liable for that offence.

(2) The offence referred to in subsection (1) is as

follows:
(a) an offence under section 143, 144, 145, 147,
148, 151, 153, 158, 267B, 267C, 323, 324,
325, 341, 342, 343, 344, 346, 352, 354, 355,
357, 363A, 504, 505, 506, 507 or 509; or
(b) an offence of attempting to commit, abetting
the commission of, or being a party to a
criminal conspiracy to commit, any offence
under paragraph (a).”

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 Enhanced penalties for racially or
religiously aggravated offences
“…(4) For the purposes of this section, an offence
is racially or religiously aggravated if —

(a) at the time of committing the offence, or

immediately before or after committing such
offence, the offender demonstrates towards the
victim of the offence hostility based on the
victim’s membership (or presumed membership) of a
racial or religious group; or

(b) the offence is motivated (wholly or partly) by

hostility towards members of a racial or religious
group based on their membership of that group.”

Making, printing, etc., document

containing incitement to violence, etc.
“Section 267C.

Whoever —

(a) makes, prints, possesses, posts,

distributes or has under his control any
document; or
(b) makes or communicates any electronic record,

containing any incitement to violence or counselling

disobedience to the law or to any lawful order of a
public servant or likely to lead to any breach of
the peace shall be punished with imprisonment for a
term which may extend to 5 years, or with fine, or
with both.”

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 Promoting enmity between different groups on
grounds of religion or race and doing acts
prejudicial to maintenance of harmony

“Section 298A.

Whoever —

(a) by words, either spoken or written, or by signs or

by visible representations or otherwise,
knowingly promotes or attempts to promote, on
grounds of religion or race, disharmony or feelings
of enmity, hatred or ill-will between
different religious or racial groups; or

(b) commits any act which he knows is prejudicial to the

maintenance of harmony between different religious or
racial groups and which disturbs or is likely to
disturb the public tranquility,

shall be punished with imprisonment for a term which may

extend to 3 years, or with fine, or with both.”

Civil Defamation:
The Law

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 To Succeed in Defamation...
1. Identify himself as the person
defamed

2. Prove: the defamatory words were

published / communicated to a
third party

3. Prove: the words were defamatory

1. Identify himself as the

person defamed

 How is the person being defamed identified?

Whether the claimant may

reasonably be understood to be
referred to by the words in the
context of the statement as a
whole and in its proper setting.

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 2. Proving publication
 What is publication?

Communication of (a defamatory
statement) to a third party

 What is a third party?

A person or persons
other than the
claimant

2. Proving publication
 When does publication occur?

Publication occurs when the defamatory material

is communicated to a third party in such a
manner that it may convey the defamatory
meaning and the persons acquainted with the
claimant could understand it referred to him.

For materials on the internet, publication

takes place when the material is downloaded and
accessed by the end user.

Sufficient that the defamatory material is

published to just one person.

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 Republication

 What about republication?

Every republication of a libel is a new

libel, and if committed by different
persons, each one is liable as if the
defamatory statement had originated with
him.

3. Prove that the words were

defamatory

 What is considered defamatory?

Words carrying the imputation

that tend to “lower the
plaintiff in the estimation of
right-thinking members of
society generally”.

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 Criminal Defamation:
The Law

Penal Code (Cap. 224)

Defamation
“Section 499.

Whoever, by words either spoken or

intended to be read, or by signs, or by
visible representations, makes or
publishes any imputation concerning
any person, intending to harm, or knowing
or having reason to believe that such
imputation will harm, the reputation of
such person, is said, except in the cases
hereinafter excepted, to defame that
person.”

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 Penal Code (Cap. 224)
Imputation of any truth which the public good requires to be
made or published
First Exception.—It is not defamation to impute anything
which is true concerning any person, if it is for the
public good that the imputation should be made or
published. Whether or not it is for the public good is a
question of fact.

Public conduct of public servants

Second Exception.—It is not defamation to express in good
faith any opinion whatever respecting the conduct of any
person touching any discharge of his public functions, or
respecting his character, so far as his character appears
in that conduct, and no further.

Conduct of any person touching any public question

Third Exception.—It is not defamation to express in good
faith any opinion whatever respecting the conduct of any
person touching any public question, and respecting his
character, so far as his character appears in that
conduct, and no further.

Penal Code (Cap. 224)

Illustration

It is not defamation in A to express in good

faith any opinion whatever respecting
Z’s conduct in petitioning Government on a
public question, in signing a requisition for
a meeting on a public question, in presiding
or attending at such a meeting, in forming or
joining any society which invites the public
support, in voting or canvassing for a
particular candidate for any situation in the
efficient discharge of the duties in which
the public is interested.

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 Penal Code (Cap. 224)
Publication of reports of proceedings of courts of
justice, etc.
Fourth Exception.—It is not defamation to publish a
substantially true report of the proceedings of a court
of justice, or of Parliament, or of the result of
any such proceedings.
Explanation.—A Magistrate or other officer holding an
inquiry in open court preliminary to a trial in a court
of justice, is a court within the meaning of the above
section.

Merits of case decided in a court of justice; or conduct

Of witnesses and others concerned therein
Fifth Exception.—It is not defamation to express in good
faith any opinion whatever respecting the merits of any
case, civil or criminal, which has been decided by a
court of justice, or respecting the conduct of any
person as a party, a witness or an agent, in any such
case, or respecting the character of such person, as far
as his character appears in that conduct, and no
further.

Penal Code (Cap. 224)

Illustrations

(a) A says, “I think Z’s evidence on that

trial is so contradictory that he must be
stupid or dishonest”. A is within this
exception if he says this in good faith,
inasmuch as the opinion which he expresses
respects Z’s character as it appears in
Z’s conduct as a witness, and no further.

(b) But if A says, “I do not believe what Z

asserted at that trial, because I know him
to be a man without veracity”, A is not
within this exception, inasmuch as the
opinion which he expresses of
Z’s character is an opinion not founded on
Z’s conduct as a witness.

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 Penal Code (Cap. 224)

Merits of a public performance

Sixth Exception.—It is not defamation to express in good
faith any opinion respecting the merits of any
performance which its author has submitted to the
judgment of the public, or respecting the character of
the author so far as his character appears in such
performance, and no further.

Explanation.—A performance may be submitted to the

judgment of the public expressly or by acts on the part
of the author which imply such submission to the
judgment of the public.

Penal Code (Cap. 224)

Illustrations
(a) A person who publishes a book, submits that book to
the judgment of the public.
(b) A person who makes a speech in public, submits that
speech to the judgment of the public.
(c) An actor or a singer who appears on a public stage,
submits his acting or singing to the judgment of the
public.
(d) A says of a book published by Z, “Z’s book is
foolish, Z must be a weak man. Z’s book is indecent,
Z must be a man of impure mind”. A is within
this exception, if he says this in good faith,
inasmuch as the opinion which he expresses of Z
respects Z’s character only so far as it appears in
Z’s book, and no further.
(e) But if A says, “I am not surprised that Z’s book
is foolish and indecent, for he is a weak man and a
libertine”, A is not within this exception, inasmuch
as the opinion which he expresses of Z’s character is
an opinion not founded on Z’s book.

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 Penal Code (Cap. 224)

Imputation made in good faith by a person for

the protection of his interests
Ninth Exception.—It is not defamation to make an
imputation on the character of another, provided that
the imputation is made in good faith for the
protection of the interests of the person making it, or
of any other person, or for the public good.

Penal Code (Cap. 224)

Illustrations

(a) A, a shopkeeper, says to B, who manages his

business, “Sell nothing to Z unless he pays
you ready money, for I have no opinion of his
honesty”. A is within the exception, if he
has made this imputation on Z in good faith
for the protection of his own interests.

(b) A, a Magistrate, in making a report to his

superior officer, casts an imputation on the
character of Z. Here, if the imputation is
made in good faith and for the public good,A
is within the exception.

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 Penal Code (Cap. 224)

Caution intended for the good of the person to

whom it is conveyed or for the public good
Tenth Exception.—It is not defamation to
convey a caution, in good faith, to one
person against another, provided that the
caution is intended for the good of the
person to whom it is conveyed, or of some
person in whom that person is interested, or
for the public good.

Penal Code (Cap. 224)

Explanation to Exceptions

In proving the existence of circumstances as

a defence under the Second, Third, Fifth,
Sixth, Seventh, Eighth, Ninth or Tenth
exception, good faith shall be presumed
unless the contrary appears.

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 Penalty
Punishment for defamation

“Section 500.

Whoever defames another shall be punished

with imprisonment for a term which may extend
to 2 years, or with fine, or with both.”

Penal Code (Cap. 224)

Statements conducing to public mischief

“Section 505.

Whoever makes, publishes or circulates any

statement, rumour or report in
written, electronic or other media —
…
(c) with intent to incite, or which
is likely to incite, any class or
community of persons to commit
any offence against any other
class or community of persons…”

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 Penalty

 Imprisonment for a term which may

extend to 3 years; or

 Fine; or

 Both

What is contempt of court?

Contempt of court is an attack on

the independence or integrity of
the court of judges. Anything
done or published that is
calculated to bring a court or a
judge of the court into contempt
or to lower his authority is a
contempt of court.

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