Category: Investigative Reports

FOUR independent media organizations in Asia on Friday urged the government of Singapore to withdraw its newly issued “draconian” licensing policy for online news websites, citing measure’s “potential to curtail the rights to the freedom of expression and information online.”

In a joint statement, the Asian Forum for Human Rights and Development (FORUM-ASIA), the Southeast Asian Press Alliance (SEAPA), the Southeast Asian Centre for e-Media (SEACeM), and the Think Centre called the new policy “highly regrettable” in light of already “strict controls” that to this day govern the traditional media in Singapore.

The statement was issued simultaneously from Bangkok, Thailand; Kuala Lumpur, Malaysia; and Singapore, where the four regional media groups are located.

The licensing regime for online news sites was introduced by the Media Development Authority (MDA), an agency under the Ministry of Communications and Information (MCI) that regulates all types of media in Singapore.

“It is highly regrettable that the authorities have chosen to tighten its grip on online space in a country where traditional media outlets have been subjected to strict controls like the Newspaper and Printing Presses Act (NPPA) and consistently perform poorly in press freedom rankings,” the statement said.

“We question the necessity or merits of the licensing framework at this juncture, especially since the MDA has stated that there are no expected changes to the content standards governing websites,” the groups added.

“We also deplore the seeming haste and secrecy at which the regulations came into force in the absence of any public consultations or debate in Parliament.”

The licensing framework that took effect June 1, 2013 covers news websites that publish one article that reports on Singapore news every week and that draw 50000 unique visitors every month.

The MDA made an announcement about the new policy on May 28, 2013, and the regulation came into force three days later.

The policy requires the covered online news sites to secure “individual licenses, including posting (and forfeiture) of monetary bonds and an annual review of licenses.”

The media groups averred that, “under the new regime, operators of news sites which defy the authorities’ order to apply for a license could face a fine of up to SGD200,000 or a maximum jail term of three years or both.”

While the MDA has clarified that personal blogs are currently exempted from the licensing conditions, the groups lamented that the policy “does not safeguard against the thinly veiled threat” that “if they take on the nature of news sites, we will take a closer look and evaluate them accordingly”.

“The requirement of a SGD50,000 performance bond could still mean that independent websites such as citizen and community-run platforms are compelled to cease operations due to the inability to raise funds,” the statement noted.

The policy also imposes a 24-hour takedown rule for “objectionable”
content on websites, which also applies even to comments made by readers. This, the startement said, “gives the MDA censorship powers over licensed websites.”

In addition, the media groups stated, “we are further alarmed that liability for sanctions extend to similar content carried in mirrors or other websites.”

“Worryingly, there is a conspicuous absence of any mention of oversight or recourse mechanisms against any abuse of the law. Such unfettered discretionary powers grant the authorities broad latitude to suppress free speech online on the vague grounds of public interest, morality, order and security, among others,” the statement said.

According to the media groups, the regulatory measures “undoubtedly create a chilling effect and have the potential to shrink the democratizing potential of popular online platforms Singapore.”

Such attempts are not unprecedented in Singapore, the media groups said.

In 2011, the government gazetted socio-political commentary website The Online Citizen as a “political association”.

This year, bloggers and website owners have variously been threatened with defamation suits, served with takedown notices and made to issue public apologies, the groups reported.

The Minister of Communication has also stated that the Broadcasting Act would be amended next year to include overseas news websites reporting on Singapore as well.

“We would like to assert that the media in general should be kept free from state control, and that self-regulation by the media should be the starting point of any official policy, in order to fully realize the right to freedom of expression and opinion,” the statement added.

“We remind the Singapore government that keeping the internet free is crucial to promoting and protecting the right to the freedom of expression and opinion, which, under international human rights law, includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

The media groups called on the government of Singapore to “withdraw the draconian licensing framework for online news sites,” adding that “any mechanism to address alleged objectionable online content must be dealt with on a case-case-to case basis, through a fair and transparent process with judicial oversight instead of extending the discretionary powers of executive or quasi-government bodies.”

Singapore is ranked 153 (Not Free) in Freedom House’s Freedom of the Press 2013 report and 149th out of 179 countries in the 2013 Press Freedom Index of Reporters Without Borders.