Hate Speech

Question 1

What is a sedition tendency? (3)

Answer 1

1) bring hatred/contempt/excite disaffection against government, OR
2) raise discontent or disaffection amongst citizens/residents in SG, OR
3) promote feelings of ill-will & hostility between different races/class of the population

Question 2

Is tendency & intention required for SG’s Sedition act?

Answer 2

Tendency (not actual effect): required

Intention: not required

Question 3

What forms of expression qualify as sedition in SG? (3)

Answer 3

1) words
2) acts
3) publications (possessing, printing, publishing, distributing, importing)

Question 4

What are the amendments to the penal code?

Answer 4

Religious components are moved to Maintenance of Religious Harmony Act (MRHA). Amendments are not passed yet!

Question 5

How can we know which law the authorities will use to prosecute hate speech?

Answer 5

Prosecutor has discretion to choose whether to prosecute & which laws to use. Often cannot tell which law a prosecutor would choose.

Question 6

What constitutes Penal Code 298A: Racial harmony after the 2019 amendments? (2)

Answer 6

1) By any form of expression, intending to promote (can be attempt) enmity, hatred or ill will between different racial groups (on grounds of race), OR
2) Commits any act he knows is prejudicial to the maintenance of harmony between different racial groups. Disturbs/likely to disturb public tranquility

Question 7

What constitutes Penal Code 298: Wounding racial feelings after the 2019 amendments? (2)

Answer 7

1) uttering words, gestures etc with deliberate intent to wound the racial feelings of a person
2) the person sees/hears it

Question 8

What constitutes the MRHA 17F?

Answer 8

1) person knowingly does things that incites feelings of enmity, hatred, ill-will, hatred , contempt/ridicule of a group in SG
2) target group distinguished by religion
3) religion feelings likely to be wounded
4) person does so knowing that wounded feelings are likely to occur
5) such feelings/insults would threaten public peace/order in SG

All must be fulfilled.

Question 9

What is the difference between MRHA 17F and Penal Code 298A?

Answer 9

Intention not required for MRHA, unlike 298A. Only knowledge is required, which lowers burden of proof.

Question 10

What is Singapore’s Incitement Law (Penal Code 267C)? (4)

Answer 10

Whoever: makes/prints/possesses/distribute etc any document/electronic record
That contains:
1) any incitement to violence OR
2) counselling disobedience to law/lawful order of a public servant, OR
3) likely to lead to any breach of the peace

Question 11

What are the penalties for Penal code 298, 298A, 267C, Sedition Act and MRHA 17F?

Answer 11

prison and/or fine

Question 12

In USA, regulating hate speech violates the First Amendment. What are some exceptions? (3)

Answer 12

1) incitement
2) fighting words
3) true threats

Question 13

What are requirements for punishable incitement? (IIIPLA)

Answer 13

1) Intentional
2) Incitement of
3) Imminent (no time to resolve matter through more speech)
4) Probable
5) Lawless Action (breaking law)

merely advocating to break law: cannot be punished

Question 14

What is fighting words?

Answer 14

Words/expressive conduct, which, by their very utterance, inflict injury/tend to incite an immediate breach of the peace

Question 15

What is the test for fighting words?

Answer 15

what men of common intelligence would understand as words that are likely to cause an average addressee to fight (not what a particular addressee thinks)

Question 16

What are the 6 things a court considers as true threats?

Answer 16

1) intent to injure
2) communicated directly to victim
3) reaction of recipients & others
4) conditional threat
5) maker made similar statements to victim before
6) victim had reason to believe maker had propensity for violence

Question 17

What is the argument that FoE & Hate speech destabilises society? (3)

Answer 17

If it is permitted, hate speech may:

1) weaken societal bonds
2) reinforce hate
3) allow bigots to find each other

Question 18

What is the argument that FoE & Hate speech stabilises society? (2)

Answer 18

1) FoE may be a safety value, where bigots may discharge anger without violence. More consistent with law and order
2) More tolerance: develop immunity & become stronger by dealing with hate

Question 19

What is SG’s dominant view on hate speech?

Answer 19

Answers will not be found by looking only to debate & discussion. Sensible boundaries must be drawn to prevent hate speech

Question 20

What is the third person effect?

Answer 20

Individuals may overestimate impact that the media exert on others and/or underestimate effects on self. Part of human tendency to perceive self as superior to others (sometimes extended to ingroup members), and satisfies need for control