FoE and Contempt

Question 1

The truth-seeking rationale is generally interpreted to justify government censorship of:
A. attacks on the reputation of a person
B. errors
C. opinions that are widely discredited
D. at least two of the above
E. none of the above

Answer 1

It’s E. According to truth-seeking rationale, all manner of attacks, errors, and unpopular or discredited views may circulate free of government censorship. Proponents say the truth will prevail, and the best antidote is more speech.

Question 2

Adherents to the thesis that freedom of expression leads to truth would likely disfavour which choice the most?
A. A law that requires government permission in order to publish results of a survey of voters
B. Having no law on publishing a survey of voters in a jurisdiction
C. A law that allows publishing results of a survey but allows punishing the publisher if the results are inaccurate
D. A and C would be equally disfavoured

Answer 2

It’s A. Advocates of the truth-seeking rationale hate prior restraints, which restrain circulation of expression prior to its publication. So they would hate A, which requires permission to circulate information, most of all. They wouldn’t hate C as much because it’s subsequent punishment—even though the publisher gets punished afterward, the information still gets to circulate first (so not C nor D). They’d like B best.

Question 3

3. The truth-seeking rationale says:
   A. the best ideas will attract the highest promotional budgets in the marketplace of ideas, which will help the truth to be discovered
   B. the best ideas will prevail over less good ideas
   C. censorship is justified to allow the best ideas to prevail
   D. All of the above
   E. Only two of the above

Answer 3

It’s the argument that B will occur, so censorship is unnecessary and wrong (not C). Not A; the truth-seeking rationale is about truthfulness, not promotional budgets (though the counterargument to the truth-seeking rationale, market failure theory, says that promotional budgets can distort the search for truth).

Question 4

4. According to the “marketplace of ideas” rationale for protecting freedom of expression, the ideas that:
   A. have the most potential to make money will prevail over other ideas
   B. are best (for example, those that are closest to the truth) will prevail over other ideas
   C. are unlikely to make money should be censored
   D. are most offensive should be censored
   E. only two of the above

Answer 4

It’s B. According to this line of thinking, the best ideas will prevail over the erroneous ones in the “marketplace” of ideas. The marketplace of ideas is only an analogy to the economic marketplace; the ideas may or may not be the ones that make money, so it’s not A. Speech shouldn’t be censored, according to this view, so it’s not C or D.

Question 4

4. According to the “marketplace of ideas” rationale for protecting freedom of expression, the ideas that:
   A. have the most potential to make money will prevail over other ideas
   B. are best (for example, those that are closest to the truth) will prevail over other ideas
   C. are unlikely to make money should be censored
   D. are most offensive should be censored
   E. only two of the above

Answer 4

It’s B. According to this line of thinking, the best ideas will prevail over the erroneous ones in the “marketplace” of ideas. The marketplace of ideas is only an analogy to the economic marketplace; the ideas may or may not be the ones that make money, so it’s not A. Speech shouldn’t be censored, according to this view, so it’s not C or D.

Question 5

5. Prior restraint is:
   A. restriction on expression prior to publication
   B. restriction on a legislature from passing a law that violates the constitution
   C. punishment of expression after it is published which is found to have violated the Penal Code
   D. only two of the above

Answer 5

A is what prior restraint means. Legislatures are not supposed to pass laws that violate the constitution, but that’s not what prior restraint means. Not C; if the punishment occurs after publication, it’s not prior restraint.

Question 5

5. Prior restraint is:
   A. restriction on expression prior to publication
   B. restriction on a legislature from passing a law that violates the constitution
   C. punishment of expression after it is published which is found to have violated the Penal Code
   D. only two of the above

Answer 5

A is what prior restraint means. Legislatures are not supposed to pass laws that violate the constitution, but that’s not what prior restraint means. Not C; if the punishment occurs after publication, it’s not prior restraint.

Question 6

6. The truth-seeking rationale refers to which of these arguments?
   A. Freedom of expression should be protected only when the material is true
   B. Freedom of expression should be protected even when the material is false
   C. Government must regulate expression so that the truth comes out
   D. All of the above
   E. Only two of the above

Answer 6

It’s B, not A; the truth will be recognised when all content, even falsehoods, circulate freely, according to this rationale. Not C; truth comes out when the government stays out of the issue.

Question 6

6. The truth-seeking rationale refers to which of these arguments?
   A. Freedom of expression should be protected only when the material is true
   B. Freedom of expression should be protected even when the material is false
   C. Government must regulate expression so that the truth comes out
   D. All of the above
   E. Only two of the above

Answer 6

It’s B, not A; the truth will be recognised when all content, even falsehoods, circulate freely, according to this rationale. Not C; truth comes out when the government stays out of the issue.

Question 7

7. Which is true?
   A. Singapore is a member of the United Nations
   B. the Universal Declaration of Human Rights says there is a right to freedom of expression
   C. the Universal Declaration of Human Rights is a declaration of principles rather than a legally binding treaty
   D. All of the above
   E. Only two of the above

Answer 7

It’s D. A is okay. B is okay. UDHR is just a declaration and is not legally binding, so C is okay.

Question 8

8. WKWSCI’s practicum, Perspectives Film Festival, plans to publicly screen some films never shown in Singapore before. IMDA officials must first view them, decide whether to allow them, rate them so they can only be legally shown to certain audiences, and require any cuts. Compared to the approach of placing ratings on films that are not legally binding, Singapore’s approach is:
   A. generally favoured by free expression advocates
   B. less like a prior restraint
   C. more consistent with the “marketplace of ideas” rationale
   D. all of the above
   E. none of the above

Answer 8

It’s E. Requiring vetting before exhibition, and banning films and requiring cuts, are prior restraints (not B). Singapore’s prior restraints are disfavoured over alternatives like allowing the films to circulate with ratings that are merely advisory (so not A). Not C; the marketplace of ideas rationale suggests that content be allowed to circulate freely.

Question 9

9. Which is true?
   A. there has never been a famine in a functioning democracy with a free press, according to some who have studied the question
   B. one suggested explanation for the lack of famine in A is that a free press calls attention to problems like famine and a functioning democracy attempts to solve those problems
   C. widespread hunger occurs in functioning democracies with press freedom because those societies become too chaotic, Amartya Sen argues
   D. All of the above
   E. Only two of the above

Answer 9

It’s E. A and B are Sen’s thesis, but not C.

Question 10

10. Which is true of prior restraint?
    A. It’s a restraint on expression prior to its circulation
    B. An example is a requirement that newspapers must be licensed
    C. An example is a requirement that films must be vetted by a censorship board before exhibition
    D. All of the above
    E. Only two of the above

Answer 10

It’s D. A is the definition. Newspaper licensing and film censorship meet that definition, so B and C are okay.

Question 11

11. Imagine that a new law against “fake news” defines it as erroneous information about politics, and requires that government officials review news stories to ensure they are true before they are disseminated. Under the rationale that free expression facilitates truth discovery, this law would be:
    A. praised for advancing the goal of discovering truth
    B. praised as long as it only prohibits erroneous expression
    C. criticised as a prior restraint on expression
    D. only A and B
    E. none of the above

Answer 11

It’s C; requiring vetting before circulation is a classic prior restraint. Neither A nor B; the truth-seeking rationale recommends that even erroneous expression circulate, so that by allowing people to decide what is true and false, the truth will be discovered and refined.

Question 11

11. Imagine that a new law against “fake news” defines it as erroneous information about politics, and requires that government officials review news stories to ensure they are true before they are disseminated. Under the rationale that free expression facilitates truth discovery, this law would be:
    A. praised for advancing the goal of discovering truth
    B. praised as long as it only prohibits erroneous expression
    C. criticised as a prior restraint on expression
    D. only A and B
    E. none of the above

Answer 11

It’s C; requiring vetting before circulation is a classic prior restraint. Neither A nor B; the truth-seeking rationale recommends that even erroneous expression circulate, so that by allowing people to decide what is true and false, the truth will be discovered and refined.

Question 12

12. According to the truth-seeking rationale for protecting freedom of expression,
    A. publication of errors should be legally prohibited
    B. published errors should be countered with more expression
    C. prior restraints on expression are presumed to be justified
    D. all of the above
    E. only two of the above

Answer 12

B is the truth-seeking rationale—you counter speech containing errors with more speech, rather than laws prohibiting it (not A). The truth-seeking rationale is generally interpreted to mean that prior restraints are not justified (not C).

Question 13

13. Which is true?
    A. Singapore courts have overruled many laws as unconstitutional for violating the freedom of speech
    B. United States courts have overruled laws as unconstitutional for violating the freedom of speech
    C. Singapore Parliament has overruled legislation the courts have passed for unconstitutional violations of human rights
    D. All of the above
    E. Only two of the above

Answer 13

It’s B. Not A; Singapore courts have not done this, though they could, and they have been asked to so, e.g., in a defamation case by JB Jeyaretnam. Not C; the courts do not pass legislation; Singapore Parliament has the power to pass and amend and repeal laws but does not “overrule” laws.

Question 14

14. Which is true under Singapore’s Constitution?
    A. Judges must make an oath of allegiance to the ruling party
    B. All Singapore courts lack the power to rule that legislation passed by the Parliament is inconsistent with the Constitution and therefore void
    C. One of the Fundamental Liberties specifically says freedom of speech may be restricted “to promote harmony in this multiracial and multi-religious society”
    D. Only two of the above
    E. None of the above

Answer 14

It’s E. Judges are required to be independent (not A). Courts have the power of judicial review as described in B; they don’t lack this power, so it’s not B. Race and religion are not specifically mentioned in Fundamental Liberty 14, which deals with freedom of speech, so not C.

Question 15

16. Which is the best explanation of the defining difference between a liberal democracy and an illiberal democracy?
    A. A liberal democracy has a higher proportion of persons who are liberal on social issues, like gay rights
    B. A liberal democracy has stronger protections for individual rights
    C. An illiberal democracy has weaker democratic institutions
    D. An illiberal democracy has less competition among political parties

Answer 15

It’s B. The defining difference between the two is that the liberal democracy has the protections for individual rights; to remember this, recall that liberty (as in liberal) is synonymous with freedom, and most of these liberties are individual freedoms. Although A may be true in most liberal democracies, it’s not what defines a liberal democracy. C and D may be differences between some illiberal and more liberal democracies, but are not defining characteristics of the different types of governing systems.

Question 16

17. Which is true?
    A. “Liberty” is synonymous with “freedom”
    B. There is no such thing as a legally guaranteed right under the Singapore Constitution, because in Singapore, constitutional rights are simply recommendations
    C. Constitutions “constitute” (i.e., set up) governments and limit their powers
    D. All of the above
    E. Only two of the above

Answer 16

It’s E. Liberty is indeed a synonym for freedom, and its meaning is best remembered that way when studying law, so A is okay. In Singapore, constitutional rights may have many exceptions—many of them spelled out in the constitution—but they are not mere recommendations; they are legal guarantees, so not B. Indeed, the easy way to remember what a constitution does is that it constitutes the government—and it also prescribes the limits on its power, so C is okay.

Question 17

18. Through judicial review of laws that Parliament passes, Singapore courts are legally bound to:
    A. enforce the guarantee of free speech in the Universal Declaration of Human Rights
    B. enforce the guarantee of free speech in the International Covenant on Civil & Political Rights
    C. enforce the guarantee of free speech in the Singapore Constitution
    D. all of the above
    E. only two of the above

Answer 17

It’s C; the constitution is enforced through judicial review. Not A; UDHR is a proclamation that is not legally binding. Not B; Singapore is not a party to the ICCPR.

Question 18

19. Aladdin complains that the fake news law in Singapore violates his constitutional right to free expression. The Singapore Constitution:
    A. doesn’t mention free expression
    B. guarantees the right to free expression but includes broad exceptions
    C. is indeed clearly violated by any law addressing fake news
    D. is a set of guidelines that has no legal effect
    E. only two of the above

Answer 18

It’s B, not C: Singapore Constitution’s exception for laws that Parliament passes for the security of Singapore and public order can justify the fake news law. Not A; see Article 14 clause a for an explicit guarantee of free expression rights. Not D; its legal effect is that it constitutes the government and sets limits on its power.

Question 19

20. Which is true of the Singapore Constitution Article 14?
    A. It specifically prohibits expression which is “detrimental to racial and religious harmony”
    B. It guarantees freedom of speech, with some exceptions
    C. It only allows restrictions on freedom of expression that are “necessary”
    D. All of the above
    E. Only two of the above

Answer 19

It’s B—there is a guarantee in the first clause, followed by exceptions (restrictions). The exceptions may be “necessary” or “expedient” (convenient, practical), so not C. Much to the surprise of many Singapore students, A is not specifically prohibited, though the constitutional provisions have been interpreted to include such exceptions for protection of public order.

Question 19

20. Which is true of the Singapore Constitution Article 14?
    A. It specifically prohibits expression which is “detrimental to racial and religious harmony”
    B. It guarantees freedom of speech, with some exceptions
    C. It only allows restrictions on freedom of expression that are “necessary”
    D. All of the above
    E. Only two of the above

Answer 19

It’s B—there is a guarantee in the first clause, followed by exceptions (restrictions). The exceptions may be “necessary” or “expedient” (convenient, practical), so not C. Much to the surprise of many Singapore students, A is not specifically prohibited, though the constitutional provisions have been interpreted to include such exceptions for protection of public order.

Question 20

21. When you hear the words “protected speech” in media law, what is it protected from?
    A. Interruptions from other speakers
    B. Interference by those who disagree
    C. Regulation by a government
    D. All of the above
    E. Only two of the above

Answer 20

It’s C; especially in Anglo-American jurisprudence, many kinds of expression, such as political expression, are seen as needing protection from government controls.

Question 21

22. The Singapore Constitution:
    A. grants powers to the government
    B. limits powers of the government through the Fundamental Liberties
    C. can be used by the courts to deem laws that were passed by Parliament violate the Constitution.
    D. all of the above.
    E. only two of the above.

Answer 21

It’s D. The constitution sets up the government (A). It limits it through Fundamental Liberties like freedom of speech (B). C is true; the courts can deem a law unconstitutional.

Question 21

22. The Singapore Constitution:
    A. grants powers to the government
    B. limits powers of the government through the Fundamental Liberties
    C. can be used by the courts to deem laws that were passed by Parliament violate the Constitution.
    D. all of the above.
    E. only two of the above.

Answer 21

It’s D. The constitution sets up the government (A). It limits it through Fundamental Liberties like freedom of speech (B). C is true; the courts can deem a law unconstitutional.

Question 22

23. Which is true of the Singapore Constitution?
    A. It does not contain any reference to a guarantee of freedom of expression
    B. It contains a guarantee of freedom of expression with some exceptions
    C. About freedom of speech, it says, “Parliament shall make no law abridging the freedom of speech, or of the press”
    D. B and C
    E. None of the above

Answer 22

It’s B; Article 14, Clause 1(a) Grants the right to “freedom of speech and expression” and 2(a) says Parliament may impose restrictions. So it’s not A. C is the US Constitution’s First Amendment, with the word Parliament used in place of Congress.

Question 23

24. Which is true?
    A. The US First Amendment has been interpreted to allow some subsequent punishments of expression
    B. Constitutions in liberal democracies typically empower governments, but limit that power in order to protect individual liberties
    C. Both of the above
    D. None of the above

Answer 23

A is okay. Much of US media law is punishment of expression that has already occurred, e.g., through fines or jail time for breaking laws against obscenity, for example, or the award of damages for losing a libel suit. Some kinds of subsequent punishment like this are allowed, but prior restraint is rare. B is okay. Though constitutions constitute (i.e., set up) and grant power to governments, they constrain that power too, particularly to infringe on individual freedom.

Question 23

24. Which is true?
    A. The US First Amendment has been interpreted to allow some subsequent punishments of expression
    B. Constitutions in liberal democracies typically empower governments, but limit that power in order to protect individual liberties
    C. Both of the above
    D. None of the above

Answer 23

A is okay. Much of US media law is punishment of expression that has already occurred, e.g., through fines or jail time for breaking laws against obscenity, for example, or the award of damages for losing a libel suit. Some kinds of subsequent punishment like this are allowed, but prior restraint is rare. B is okay. Though constitutions constitute (i.e., set up) and grant power to governments, they constrain that power too, particularly to infringe on individual freedom.

Question 24

25. Which would violate current constitutional provisions in their jurisdictions and therefore be invalid?
    A. A law passed by Parliament that says there is no freedom of speech in Singapore
    B. A law passed by Congress that says there is no freedom of speech in the United States
    C. A law that permits banishment of Singapore citizens
    D. All of the above
    E. None of the above

Answer 24

It’s D. Singapore Const. Art. 14 guarantees freedom of speech with some exceptions, so A is unconstitutional. US 1A guarantees freedom of speech, so B is unconstitutional. One of the Singapore Const. Fundamental Liberties specifically prohibits banishment of citizens, so C is unconstitutional.

Question 25

26. Which is true?
    A. It’s unlawful for a law that Singapore’s Parliament passes to violate the constitutionally guaranteed right to free expression
    B. It’s unlawful for a law that a state legislature passes in the United States to violate the constitutionally guaranteed right to free expression
    C. Singapore courts have heard at least one case in which the constitutionality of a statute that Parliament passed has been challenged for violating the guarantee of free speech
    D. All of the above
    E. Only two of the above

Answer 25

It’s D. A and B are okay because they describe how the constitutions protect free speech in Singapore and the United States; the courts can strike down laws that conflict with the constitution. In the US, no level of government can lawfully violate the free speech protections of the First Amendment. C is okay; JBJ’s defamation case is one example.

Question 26

27. In Singapore and the United States,
    A. some of the courts can rule that laws that the legislature passes are inconsistent with the constitutions
    B. constitutions constitute or set up the different parts of the government
    C. constitutions set constraints on government power
    D. all of the above
    E. only two of the above

Answer 26

It’s D. Singapore and American courts have the power of judicial review of legislation, so A is okay. Constitutions both empower (B) and limit (C) the government, so that the people retain some freedom.

Question 27

28. What makes an illiberal democracy illiberal?
    A. The absence of a democratically-elected legislature
    B. Its level of legal protection for individual freedoms
    C. The presence of a multi-religious, multi-racial society
    D. All of the above
    E. Only two of the above

Answer 27

It’s B; it lacks the robust protection of individual freedoms that makes a liberal democracy liberal, not A, the democratic governing institutions. C is not relevant to the definition of illiberal democracy.

Question 28

29. Advocates of the “Asian values” thesis, discussed in the readings and mentioned in class, argue:
    A. Asian people tend to rank freedom of expression as a higher priority than people of western cultures do
    B. Asian people tend to prioritise other values over individual rights
    C. No meaningful generalizations can be made about Asian views on matters such as values and rights
    D. The libertarian model of the press is the only acceptable model
    E. Only two of the above

Answer 28

It’s B—advocates of this view scarcely hesitate to generalize (not C) and they assert that Asians value group loyalty and consensus over individual rights. A libertarian press free of all constraints is not a priority for those who do not prioritize press freedom (not D).

Question 29

30. The relationship of the marketplace of ideas rationale to the truth-seeking rationale is MOST similar to the relationship of:
    A. market failure theory to the truth-seeking rationale
    B. the Asian values thesis to the argument that free expression is a human right of the highest priority universally
    C. Mill’s views on free expression to Milton’s
    D. prior restraint to subsequent punishment
    E. fourth estate model of journalism to development model of journalism

Answer 29

It’s C. The marketplace of ideas rationale is synonymous with the truth-seeking rationale. Mill & Milton’s views are similar; they are both advocates of the truth-seeking rationale. Not A, B, D, nor E; these are closer to opposites.

Question 30

31. A prior restraint before beginning to publish a daily newspaper is:
    A. part of Singapore law on newspaper publishing
    B. part of American law on newspaper publishing
    C. part of English law on newspaper publishing
    D. all of the above
    E. only two of the above

Answer 30

It’s A. Singapore has newspaper licensing, a prior restraint, but US has never had it and UK hasn’t had it since the end of the 17th century.

Question 31

32. According to the truth-seeking rationale, prior restraint is considered the worst form of censorship because:
    A. it violates the human right to free expression, which can be derived from human autonomy
    B. when there’s prior restraint, the audience does not have the opportunity to be exposed to the censored content and decide if the content is true or false
    C. freedom of expression is recognised internationally as a human right
    D. all of the above
    E. only two of the above

Answer 31

It’s B. Not A nor C; the human right to free expression, a non-consequentialist rationale for free expression (not based on consequences of free expression), is not addressed by the truth-seeking rationale, which is a consequentialist rationale that says that truth prevails as a consequence of allowing free expression.

Question 32

33. Which is prior restraint?
    A. Paying damages for publishing defamatory content
    B. An injunction on publishing further defamatory statements about a subject
    C. A fine for publishing defamatory content
    D. All of the above
    E. Only two of the above

Answer 32

It’s B; a legal order to stop publishing further content is a prior restraint. Not A nor C, because these penalties come after publication.

Question 33

local video blogger posts a YouTube video claiming that pop singer Dua Lipa is romantically involved with both DJ Martin Garrix and a female dancer, and all three got into a huge fight today after performing at Singapore’s F1. The story is completely fabricated. Advocates of the truth-seeking rationale would likely argue that Singapore’s government:
A. should not censor such fake news, because the truth will prevail through discussion
B. must censor such falsehoods
C. can choose whether or not to censor fake celebrity news, because the truth-seeking rationale only applies to expression about democratic self-governance
D. all of the above
E. only two of the above

Answer 33

It’s A; advocates of the truth-seeking rationale argue the truth will prevail. Not B; the truth-seeking rationale specifically addresses falsehood and says that it can circulate. Not C; the thesis the free expression creates better democratic self-governance is related to the truth-seeking rationale, but the truth-seeking rationale is not limited to matters of democratic self-governance.

Question 34

35. Voters support a presidential candidate who stirred up anger against immigration in the campaign, even though voters have serious doubts about whether she is the best candidate. Which is true of the truth-seeking and democratic self-governance rationales?
    A. Adherents of these rationales acknowledge that the marketplace of ideas breaks down when false information circulates
    B. Sceptics of these rationales note that people sometimes respond irrationally
    C. Adherents of these rationales acknowledge that the marketplace of ideas breaks down when there’s no regulation
    D. All of the above
    E. Only two of the above

Answer 34

It’s B. These rationales assume a certain level of rationality, so people can decide upon what’s best after hearing all sides; sceptics say that’s not always present. Not A; the truth-seeking rationale allows that some info may be false. Not C; adherents say the marketplace can work free of regulation.

Question 35

36. Which would violate current constitutional provisions in their jurisdictions and therefore be invalid?
    A. A law passed by Parliament that says there is no freedom of speech in Singapore
    B. A law passed by Congress that says there is no freedom of speech in the United States
    C. A law that permits banishment of Singapore citizens
    D. All of the above
    E. None of the above

Answer 35

It’s D. Singapore Const. Art. 14 guarantees freedom of speech with some exceptions, so A is unconstitutional. US 1A guarantees freedom of speech, so B is unconstitutional. One of the Singapore Const. Fundamental Liberties specifically prohibits banishment of citizens, so C is unconstitutional.

Question 36

37. In Singapore and the United States,
    A. some of the courts can rule that laws that the legislature passes are inconsistent with the constitutions
    B. constitutions constitute or set up the different parts of the government
    C. constitutions set constraints on government power
    D. all of the above
    E. only two of the above

Answer 36

It’s D. Singapore and American courts have the power of judicial review of legislation, so A is okay. Constitutions both empower (B) and limit (C) the government, so that the people retain some freedom.

Question 37

38. What makes an illiberal democracy illiberal?
    A. The absence of a democratically-elected legislature
    B. Its level of legal protection for individual freedoms
    C. The presence of a multi-religious, multi-racial society
    D. All of the above
    E. Only two of the above

Answer 37

It’s B; it lacks the robust protection of individual freedoms that makes a liberal democracy liberal, not A, the democratic governing institutions. C is not relevant to the definition of illiberal democracy.

Question 38

39. Prior restraint includes:
    A. licensing under the Newspaper & Printing Presses Act
    B. when the Media Development Authority cuts scenes from films before the films are shown in Singapore
    C. “counter-speech” such as debate, rebuttal and criticism
    D. all of the above
    E. A and B

Answer 38

It’s E. A and B are classic examples of prior restraint, or restraining material prior to publication: A is requiring a license or permit before publication and B is vetting material before its release. Prior restraint is the opposite of “counter-speech,” or allowing publication and then allowing people to discuss the material.

Question 39

40. Which is true?
    A. The Singapore courts have a long tradition of striking down many laws that Parliament passes because they are unconstitutional
    B. Article Fourteen of the Singapore Constitution reads in part, “Parliament shall pass no law abridging the freedom of speech, or of the press”
    C. Singapore has ratified the International Covenant on Civil & Political Rights and taken measures to make its protections legally enforceable in Singapore
    D. At least two of the above
    E. None of the above are true

Answer 39

The Singapore courts have rarely exercised the power to strike down laws, even though they have it, so not A. That’s the rephrased wording of the US First Amendment, not the Singapore Article 14, so not B. Singapore has not ratified this treaty, so not C. It’s E.

Question 40

41. Singapore’s Constitution:
    A. empowers courts to strike down laws that Parliament passes
    B. establishes the government structure, including judicial, legislative and executive branches
    C. sets constraints on government power, including the “fundamental liberties”
    D. all of the above
    E. only two of the above

Answer 40

It’s D. A is okay; judicial review is possible but rarely used in Singapore. B and C are okay; the Constitution not only empowers the government but limits its powers.

Question 41

42. Which is true of judicial review?
    A. It is not possible under Singapore law
    B. It is heavily used in illiberal democracies
    C. It refers to courts determining whether laws that the legislature passes are constitutional
    D. Only two of the above
    E. None of the above

Answer 41

It’s C. Neither A nor B; it’s possible but uncommon in Singapore, as ins other illiberal democracies.

Question 42

43. When Anna says that there is a broad, inalienable, universal human right to free expression, including the right to express hate speech, which is true?
    A. Anna is best described as a cultural relativist
    B. Anna believes free expression can be exchanged for greater economic prosperity
    C. Anna is advocating a non-consequentialist view
    D. All of the above
    E. Only two of the above

Answer 42

It’s C; arguments that rights are human rights are not based on consequences. Not A; relativists argue against universal rights; rights must be adjusted to the culture. Not B; if a right is inalienable, it cannot be exchanged.

Question 43

44. Whether a law is a prior restraint matters because:
    A. when there’s prior restraint, the expression is taken out of public circulation or, in some cases, never publicly circulated at all
    B. prior restraint is regarded as a violation of human rights, but subsequent punishment is not
    C. prior restraint is regarded as the form of regulation most consistent with the truth-seeking rationale
    D. all of the above
    E. only two of the above

Answer 43

It’s A. Not B; both prior restraint and subsequent punishment can be viewed as violations of human rights to free expression. Not C; prior restraints which prevent circulation of expression are considered highly inconsistent with the truth-seeking rationale.

Question 44

45. Exchange student Heather goes home to America, where her professor asks her what she learned in a media law class in Singapore. Heather answers, accurately:
    A. In Asia, some people advocate “development journalism”, which is the position that, particularly in developing nations, the press must act as a vigorous critic of the government in order to hold the government accountable
    B. Singapore’s leaders have been among advocates of the thesis that Asian values take priority over human rights
    C. Singapore, as a party to the International Covenant on Civil & Political Rights, has been an advocate of enforcing the Covenant’s human rights standards globally
    D. All of the above
    E. Only two of the above

Answer 44

It’s B. Founding PM Lee Kuan Yew was among those who advocated this view. Not A; in development journalism, the press must act as a partner to government rather than a vigorous critic. Not C; Singapore is not a party to the ICCPR.

Question 45

47. After class today, US exchange student Laurel exclaims, “Singapore is, like, violating its own constitutional guarantee of free expression with its fake news law!” Her media law classmate replies, correctly, that Singapore’s Constitution:
    A. doesn’t guarantee freedom of expression
    B. allows some restrictions on the guarantee of freedom of expression
    C. requires Parliament to pass laws restricting free expression
    D. none of the above

Answer 45

It’s B. Not A; it’s explicitly guaranteed. Not C; Singapore’s Constitution says Parliament “may” make restrictions that are “necessary or expedient” for several aims, such as national security and public order, but doesn’t require them.

Question 46

48. A law says that if a vlogger say something false online, she may be legally required to publish a correction next to her false statement. This law is:
    A. not a prior restraint
    B. a prior restraint because it limits the vlogger’s human right to freedom of expression
    C. a prior restraint because it forces the vlogger to publish something
    D. B & C

Answer 46

It’s A; a prior restraint constrains speech before it is published. Not B; arguments about human rights are separate from arguments about prior restraint. Not C; forcing to publish is compelled speech, not prior restraint.

Question 46

48. A law says that if a vlogger say something false online, she may be legally required to publish a correction next to her false statement. This law is:
    A. not a prior restraint
    B. a prior restraint because it limits the vlogger’s human right to freedom of expression
    C. a prior restraint because it forces the vlogger to publish something
    D. B & C

Answer 46

It’s A; a prior restraint constrains speech before it is published. Not B; arguments about human rights are separate from arguments about prior restraint. Not C; forcing to publish is compelled speech, not prior restraint.

Question 47

54. You complain to your MP, Jamus, that SG violates your human rights as guaranteed by the UDHR & ICCPR. Jamus correctly reminds you that:
    A. UDHR does not create enforceable rights
    B. SG is not party to the ICCPR
    C. SG is not a UN member, so these international agreements are irrelevant
    D. All of the above
    E. Only two of the above

Answer 47

It’s E. A is okay—the Universal Declaration of Human Rights is a mere declaration of ideals. B is okay—SG is one of a handful of states not party to the International Covenant on Civil and Political Rights. Not C; SG is a UN member.

Question 48

52. When plaintiff Pradhyuman wins damages in a libel suit, this is an example of a:
    A. prior restraint
    B. subsequent punishment for the defendant’s expression
    C. successful criminal prosecution
    D. all of the above
    E. only two of the above

Answer 48

It’s B. Not A; there’s no restraint on expression prior to its circulation. Not C; a civil libel suit involving a plaintiff damages is not a criminal prosecution.

Question 49

57. The Universal Declaration of Human Rights and the International Covenant on Civil & Political Rights are arguably the two most important international human rights agreements. Which creates legally binding obligations on the Singapore government?
    A. UDHR
    B. ICCPR
    C. Both do
    D. Neither does

Answer 49

It’s D. UDHR does not create binding obligations; it’s just a declaration of ideals. Singapore is not party to ICCPR.

Question 50

61. Which is true?
    A. Sen demonstrated that famines have occurred in functioning democracies with free presses
    B. The truth-seeking rationale suggests that erroneous speech should be censored
    C. The fourth estate role of the press is a synonymous term for the watchdog role
    D. All of the above
    E. Only two of the above

Answer 50

It’s C. Not A because Sen found that famines had not occurred in democracies with free presses. Not B; this is the rationale that errors should be allowed to circulate and the truth will prevail. C; the reference to the fourth estate is from Britain, where the press was seen as a fourth centre of power in addition to the three estates of Parliament: Lords Spiritual, Lords Temporal, and the Commons.

Question 51

62. Which is true in Singapore?
    A. The elected government has the option to treat the Constitution as guidance that does not impart legal obligations
    B. A court can void a law that Parliament passes that it deems unconstitutional
    C. Freedom of speech is not mentioned in the Constitution
    D. Only two of the above
    E. None of the above

Answer 51

It’s B. Singapore courts have this power of judicial review of laws, though the courts rarely invalidate laws. Not A; the government must act consistently with the Constitution. Not C; freedom of speech is specifically guaranteed, with exceptions.

Question 52

64. Which is true?
    A. According to the observer cited in lecture, Zakaria, Singapore is an “illiberal democracy” because, he asserts, Singapore lacks basic democratic institutions
    B. The Singapore Constitution includes no limitations on the government’s power
    C. At least one law has been challenged in court for violating the Singapore Constitution
    D. all of the above
    E. only two of the above

Answer 52

It’s C; Penal Code section 377A and the Defamation Act have been challenged. Not A; it’s not the lack of democratic framework that makes it illiberal in his analysis but weak individual rights. Not B; among the constitutional limits on power are the Fundamental Rights in the Constitution.

Question 53

68. Which is true under SG’s Constitution?
    A. If Parliament decides that it may not be absolutely necessary to pass a law restricting free speech for SG’s security, but it is “expedient” (convenient or practical) to do so, it can pass that law
    B. Article 14 criminalises expression with a tendency “to promote feelings of ill-will and hostility between different races or classes of the population….”
    C. The Court of Appeal can find a law that Parliament passed is unconstitutional and void all or part of it
    D. All of the above
    E. Only two of the above

Answer 53

It’s E. A is okay because the Constitution says that restrictions can be “necessary or expedient,” not “necessary and expedient” nor only “necessary.” C states correctly that a court may void an unconstitutional law in Singapore. Not B; the words are not in the Constitution, and the Constitution doesn’t directly prohibit any kind of expression—it prohibits Parliament from passing certain laws governing expression and allows it to pass others.

Question 54

69. Which is an example of a prior restraint on expression?
    A. Fining a speaker for giving a speech to a crowd
    B. Arresting a publisher that plans to publish a newspaper before it can publish it
    C. Prohibiting a book imported from overseas from circulating in Singapore
    D. All of the above are examples
    E. Only two of the above are examples

Answer 54

It’s E. Prior restraint is restraining expression prior to its circulation or publication. So not A—it’s punishment subsequent to the offence, not prior restraint. B and C count as prior restraint because the restraint happens before the expression circulates (or before it circulates further).

Question 54

69. Which is an example of a prior restraint on expression?
    A. Fining a speaker for giving a speech to a crowd
    B. Arresting a publisher that plans to publish a newspaper before it can publish it
    C. Prohibiting a book imported from overseas from circulating in Singapore
    D. All of the above are examples
    E. Only two of the above are examples

Answer 54

It’s E. Prior restraint is restraining expression prior to its circulation or publication. So not A—it’s punishment subsequent to the offence, not prior restraint. B and C count as prior restraint because the restraint happens before the expression circulates (or before it circulates further).

Question 55

70. Which is true?
    A. According to the marketplace of ideas rationale, freedom of expression should be allowed because the best ideas will win when they attract the most funding
    B. According to Amartya Sen, democracies with free presses often fail and result in man-made disasters like famines
    C. Early advocates of the truth-seeking rationale for protecting free expression included John Milton, who said that truth and falsehood should be allowed to battle because truth is likely to win
    D. All of the above are true
    E. Only two of the above are true

Answer 55

It’s C. Milton did indeed argue C, a classic exposition of the truth-seeking rationale. The marketplace of ideas is a metaphor—not an economic marketplace (not A). Sen argues that famine has never occurred in a functioning democracy with a free press (not B).

Question 56

1. A Singapore tabloid’s website carries the large headline “HE DID IT” for an article that runs on the day that the prosecution outlines its case against a defendant in a murder trial. This headline creates risk of being deemed:
   A. sub judice contempt
   B. contempt in the face of the court
   C. scandalising the court
   D. all of the above
   E. only two of the above

Answer 56

It’s A; the headline appears to be pre-judging guilt in a case still under consideration by the court. Even if the intended meaning of the headline is only that the prosecutor said “he did it” that day, there’s a risk that it would be understood in context to mean a prejudgment of the outcome in the case. Not B; “in the face” means in the courtroom. Not C; the headline doesn’t call into question the integrity of the court, so it’s not scandalising.

Question 57

2. Which is a type of contempt by scandalising the court?
   A. Disobeying a court order to take down copyright-infringing material
   B. Describing the court as impartial
   C. Accusing the court of following the Prime Minister’s instructions in a case
   D. All of the above
   E. Only two of the above

Answer 57

It’s C; this calls into question the independence of the court and is scandalising contempt. Not A; that’s contempt of court but not the kind that impugns the integrity of the court, so it’s not the subtype of contempt known as scandalising contempt. Not B; courts are required to be impartial, i.e., independent—describing the court as “partial,” would, however, be scandalising contempt.

Question 58

3. In Singapore, punishments for contempt of court include:
   A. fines
   B. imprisonment
   C. caning
   D. all of the above
   E. only two of the above

Answer 58

It’s E. It’s only imprisonment or fines, not caning.

Question 59

4. Which is true of contempt of court by scandalising the judiciary in Singapore?
   A. It is not a criminal offence
   B. It is initiated when an individual judge files a civil defamation suit against an individual for harm to her reputation as a judge
   C. Penalties can include imprisonment
   D. Only two of the above are true
   E. None of the above

Answer 59

It’s C. Contempt by scandalising is a criminal offense, so it’s C and not A. It’s not defamation and it’s not civil law, so not B.

Question 60

5. Which is NOT a variety of contempt of court in Singapore?
   A. Contempt “in the face of the court,” which can include disrupting the court proceedings in the courtroom (i.e., showing contempt for the judge, quite literally in her face)
   B. “Scandalising the court”, which can include allegations that the court is not independent
   C. Interfering with the administration of justice, by, e.g., bribing a witness
   D. “Familiarity breeds contempt,” which is the legal expression for when a defendant appears before the same judge repeatedly, so that the judge feels contemptuous of her

Answer 60

It’s D. These are all good descriptions of the kinds of contempt involved, except D, which I made up.

Question 61

6. A post on Facebook after the City Harvest trial ended: “Glad to see City Harvest leaders convicted. Justice was served. The Church must have gotten on the wrong side of the PAP and so the Party let their judges convict them.” Which is true?
   A. This could not be scandalising contempt because it praises the court
   B. This could be scandalising contempt
   C. This is a classic instance of contempt in the face of the court
   D. B and C
   E. None of the above

Answer 61

It’s B. Even though the post praises the court, it’s B because it alleges that the courts are controlled by the government; the courts are supposed to be independent of the government. Questioning the court’s integrity is classic scandalising. It’s not C because contempt “in the face” of the court means in the courtroom.

Question 62

7. In 2017, before the hanging of his client for drug trafficking, a defence lawyer posted to Facebook that Singapore judges are “million-dollar men” who are more concerned with getting their next cars than with justice. The words are likely to:
   A. be scandalising contempt
   B. be punishable by a fine
   C. result in fines of news media that report on court proceedings and quote the post, even if they report fairly, accurately and in good faith
   D. all of the above
   E. only two of the above

Answer 62

It’s E. A is okay—it tends impugn the judiciary’s integrity, and the penalty can be a fine (B is okay). Not C; the changes to Singapore contempt law include provisions that, like the privilege in defamation law, protect against contempt—as long as the reports are fair, accurate in good faith.

Question 63

8. The Nanyang Chronicle publishes a student’s opinion piece saying, “Singapore judges are indeed so pliant they do legal gymnastics to favour the government in every case”. Charged with contempt, the student can take advantage of:
   A. the statutory innocent publication or distribution defence
   B. the common law innocent dissemination defence
   C. both of the above
   D. none of the above

Answer 63

It’s D. Not A; this defence doesn’t apply to the author. Not B; there’s no common law innocent dissemination defence for contempt, like there is for libel.

Question 64

9. During the trial of former NUS student Tom for a peeping tom incident, local vlogger Hedda says in her vlog that Tom is “going to find out what life is like in Changi Prison. Ouch!”. Hedda can face:
   A. a lawsuit from Tom for scandalising the court
   B. charges for a kind of contempt
   C. charges for scandalising the court
   D. all of the above
   E. only two of the above

Answer 64

It’s B. It’s sub judice contempt, a kind of criminal contempt. Neither A nor C; it’s not scandalising contempt, which involves impugning the court’s integrity. Further, A is also wrong because contempt is not a civil suit involving a plaintiff who sues; the state brings the charges.

Question 65

10. Emily, who lives on Emerald Hill in Singapore, says in her vlog, “Singapore’s courts closely follow the Prime Minister’s directions to protect the interests of Singapore”. Emily can:
    A. be jailed for scandalising the court
    B. take advantage of the “fair comment” defence
    C. be sued for damages by a judge for scandalising contempt
    D. all of the above
    E. only two of the above

Answer 65

It’s A; she is accusing the court of being directed by the government, and therefore not independent, so it’s scandalising. Not B; there’s no fair comment defence to contempt—only fair criticism, and that’s not a defence, but a factor for the judge to consider when making a ruling on scandalising. Not C; contempt is a criminal offence for which jail or a fine is possible; contempt law is not civil law where damages are a possible remedy.

Question 66

11. In an online post, you write, “I disagree with the judge’s decision that Roy Ngerng is liable in the 2014 case because I feel expression on political matters should circulate more freely in Singapore”. Which is possible?
    A. You may be found guilty of contempt in the face of the court
    B. You may be sued for scandalising contempt, but be able to take advantage of the fair criticism defence
    C. You may face charges of sub judice contempt
    D. At least two of the above
    E. None of the above

Answer 66

It’s E. Not A; contempt in the face of the court requires one to be face-to-face with the court. B is doubly wrong; one is not sued for contempt but charged (contempt is criminal law, not civil law), and fair criticism is not a defence that one pleads but an element that negates a finding of contempt. If it said, “This may be fair criticism”, or, “You may not be held in contempt because this may be fair criticism”, it would the correct answer. Not C: The matter is no longer sub judice after the court’s decision.

Question 67

12. Which is true of contempt of court in Singapore?
    A. Parliament passed a statute regarding it
    B. There are no formal defences that can apply to scandalising contempt in Singapore
    C. Now in Singapore law there is more protection for distributors of contempt than there was previously
    D. All of the above
    E. Only two of the above

Answer 67

It’s E. A is okay; Parliament passed the Administration of Justice (Protection) Act of 2016. Not B; there are defences similar to the privilege and innocent dissemination. C is okay; there’s now an innocent distribution defence, whereas before the 2016 act even distributors of contempt could attract charges.

Question 68

13. In Singapore, the day before the corruption trial for a minister, radio commentator Nina says the courts won’t convict because they “serve the overall public interest in Singapore and therefore realise that they should not convict a sitting minister as an election approaches”. Which is most likely true of Nina’s statement?
    A. It’s scandalising contempt
    B. Nina will succeed in the fair criticism defence
    C. Nina will succeed in the innocent distribution defence
    D. All of the above
    E. Only two of the above

Answer 68

It’s A; it’s an allegation of bias. Not B; fair comment is not a defence—just another factor for the judge to consider—and in any case Nina is unlikely to succeed. Not C; it’s Nina’s statement; this is not a case where she is distributing what someone else said and doesn’t have a duty to be responsible for it.

Question 69

14. In SG, the day before the corruption trial for a MP, journalist Cokie writes in an opinion piece that “the MP is guilty, but the courts are in the government’s pocket, so they won’t convict her”. For which kind of contempt—or kinds—might Cokie be charged?
    A. contempt in the face of the court
    B. scandalising contempt
    C. sub judice contempt
    D. all of the above
    E. only two of the above

Answer 69

It’s E. Not A; it’s not in the face of the court unless it’s in the courtroom. B is okay; “the courts are in the government’s pocket” is an allegation that they are biased. C is okay; Cokie is prejudging the outcome of the pending case.

Question 70

15. In an online post reflecting on a judge’s decisions, you write, “The judge tends to be very pro-defendant in murder cases”. Which is possible?
    A. You may be found guilty of contempt in the face of the court
    B. You may be sued for contempt, but be able to take advantage of the fair criticism defence
    C. You may face charges for scandalising contempt
    D. All of the above
    E. Only two of the above

Answer 70

It’s C. Being “pro” one side or the other implies that one is not entirely independent. Not A; contempt in the face of the court requires one to be face-to-face with the court. B is doubly wrong; one is not sued for contempt but charged (contempt is criminal law, not civil law), and fair criticism is not a defence that one pleads but an element that negates a finding of contempt.

Question 71

16. Darius tweets: “The government constantly pursues cases for contempt of court in Singapore when it would be wiser for it to refrain”. Darius may:
    A. escape liability for scandalising contempt because the tweet criticises the government, rather than the courts
    B. qualify for the defence of fair criticism
    C. qualify for the contempt defence that is similar to the innocent dissemination defence for defamation
    D. all of the above
    E. none of the above

Answer 71

It’s A; the post targets the government’s pursuit of cases, not the courts which hear the cases. Not B; fair criticism is not a defence in Singapore law. Not C; the contempt defence comparable to innocent dissemination is not available to authors of contempt. *CONTEMPT

Question 72

17. On the third day of Danae’s five-day trial for criminal defamation, two days before the judge announces her decision, Activist Annie tweets a photo of herself standing in front of the Singapore Supreme Court building holding up a sign saying “Danae is innocent! The AGC is corrupt!” Which is true?
    A. This could NOT qualify as sub judice contempt
    B. This is definitely scandalising the court
    C. This is definitely NOT contempt in the face of the court
    D. all of the above
    E. only two of the above

Answer 72

It’s C; it’s not contempt in the face of the court because it’s not in the courtroom. Not A; it’s sub judice contempt because it’s prejudging a case that is not yet decided. Not B; it’s not scandalising the court because it’s not directed at the judiciary but the prosecution, the AGC. *CONTEMPT

Question 73

A. you must intend to cause the potential negative consequences of your scandalising communication (such as diminishing public confidence in the court)
B. your communication must be malicious
C. you must intend to publish material that scandalises the court
D. all of the above
E. only two of the above

Answer 73

It’s C; you must only intend to publish, which is in most cases a criterion that is fulfilled. There’s no requirement of malice (not B) nor that you must intend the scandalising consequences of your communication (not A).

Question 74

19. At the 2021 SG trial of a Briton for not wearing a mask, one of his supporters in the courtroom cried out “This court is illegitimate! This country has no power over us!”. Which is true?
    A. The supporter could be charged with contempt in the face of the court
    B. The supporter could take advantage of SG’s statutory privilege to utter contemptuous statements in the courtroom, which is similar to the privilege from defamation law
    C. News media reporting the supporter’s words cannot take advantage of SG’s statutory defence against contempt that is similar to the privilege from defamation law
    D. All of the above
    E. Only two of the above

Answer 74

It’s A; the supporters in this case who disrupted the proceedings could have been charged with contempt, but there’s no privilege to protect them from contempt like there is to protect them from defamation (not B). Not C; news media would indeed be able to take advantage of this defence.