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 —After (and not if) the changes have been implemented, this section will read as follows (changes in red):
(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:2-(3) For the avoidance of doubt, any film which is made solely for the purpose of
- (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.
(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.
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?