POFMA, POHA, Hate Speech, Other Law Flashcards
1
Q
- Under POFMA, what can the SG authorities require Lizzo, who posts false statements of fact, to do?
A. Take them down
B. Post correction notices
C. Pay a penalty for running ads if her site has been declared
D. All of the above
E. Only two of the above
A
It’s D. They can do a stop communication direction (A is ok), a correction direction (B is ok), and C is accurate.
2
Q
- Amy has an Instagram account called “OfficialSGGovAlerts” in which she announces “Instant noodle & toilet paper SOLD OUT islandwide. Limited supplies at Amy’s Market”. A POFMA account restriction direction could be issued to:
A. Amy
B. Instagram
C. Singtel, which carries internet traffic, including Instagram
D. A & B
A
It’s B; the account restriction direction is issued to the internet intermediary service, in this case Instagram, rather than to the individual (not A) or to the internet access service provider (Singtel).
2
Q
- Amy has an Instagram account called “OfficialSGGovAlerts” in which she announces “Instant noodle & toilet paper SOLD OUT islandwide. Limited supplies at Amy’s Market”. A POFMA account restriction direction could be issued to:
A. Amy
B. Instagram
C. Singtel, which carries internet traffic, including Instagram
D. A & B
A
It’s B; the account restriction direction is issued to the internet intermediary service, in this case Instagram, rather than to the individual (not A) or to the internet access service provider (Singtel).
3
Q
- Bonnie, a WKW student, learns that her ex-boyfriend Clyde tweeted that she shoplifts. Which is true?
A. Bonnie can apply to a court for a Poha correction order; the court may issue it if it finds it’s “in the public interest” to correct his FSOF
B. Because such a statement cannot possibly be the subject of a Poha correction order, Bonnie could try to convince a Minister that it’s in the public interest to issue a POFMA correction direction
C. Bonnie could sue for libel
D. B & C
A
It’s C. The statement could be subject of a Poha correction order (not B), but the court must find that it’s “just and equitable” to issue the order, not that it’s in the public interest (not A).
4
Q
- Under POFMA, the SG authorities can, in some cases:
A. require Instagram (IG) to restrict communication in SG from a user’s account
B. require IG to disable local access to a user’s video containing a FSOF
C. take steps to disable local access to IG if IG does not appoint someone to receive legal service
D. all of the above
E. only two of the above
A
It’s D. They can do an account restriction direction (A is okay), a disabling direction (B is okay), or a direction described in C. C is possible if the IIS is refuses service of directions (e.g., refuses to accept delivery of the legal paperwork ordering it to do something).
4
Q
- Under POFMA, the SG authorities can, in some cases:
A. require Instagram (IG) to restrict communication in SG from a user’s account
B. require IG to disable local access to a user’s video containing a FSOF
C. take steps to disable local access to IG if IG does not appoint someone to receive legal service
D. all of the above
E. only two of the above
A
It’s D. They can do an account restriction direction (A is okay), a disabling direction (B is okay), or a direction described in C. C is possible if the IIS is refuses service of directions (e.g., refuses to accept delivery of the legal paperwork ordering it to do something).
5
Q
- Under Poha,
A. a court decides if it is “just & equitable” to make an order
B. a Minister decides if a FSOF is against the public interest
C. a court decides if it “serves the public interest” to make an order
D. only two of the above
E. none of the above
A
It’s A. The court decides A but not C; public interest is not mentioned in Poha. Not B; this is true of POFMA but not Poha.
6
Q
- Which is true?
A. Before a targeted correction direction can be issued, a correction direction must first be ordered
B. Before a general correction direction can be issued, a correction direction must first be ordered
C. Before an access blocking order can be issued, there must first be noncompliance with a POFMA direction or failure to fulfil an obligation under the POFMA
D. only two of the above
E. none of the above
A
It’s C. Not A; although a targeted correction direction was issued to Facebook after Alex Tan failed to comply with a correction direction issued to him, there’s nothing in the letter of the law that requires this “prerequisite”. Not B; the authorities can issue the general correction direction as their first course of action, as they did for the HardwareZone post about Covid-19 deaths that had been removed.
7
Q
- Under the Poha,
A. before a general correction order can be issued, a correction order must first be ordered
B. before an access blocking order can be issued, there must first be noncompliance with orders or obligations under the Poha
C. before an account restriction order can be issued, there must first be noncompliance with orders or obligations under the Poha
D. only two of the above
E. none of the above
A
It’s E. Not A; there’s nothing in the letter of the law that requires this “prerequisite”. Not B not C; there’s not an access blocking order nor an account restriction order under the Poha.
8
Q
- Which is true?
A. The POFMA access blocking order is a prior restraint
B. Under a targeted correction direction, TikTok may be directed to engage in compelled speech
C. If a declared online location refuses to fulfil its legal obligations, prior restraint may be among the consequences
D. All of the above
E. Only two of the above
A
It’s D. A is okay; since prior restraint is stopping circulation of material in the first place, or stopping further circulation of it, ordering an IIS to disable further access to an online location is a prior restraint. B is okay; the IIS is forced to say something—to post a notice that something is false that it would not otherwise post. C is okay; if the DOL refuses to follow an order to post a declaration notice or if it benefits financially, the authorities may require the IIS or IASP to block access, thus preventing the content from circulating to others in Singapore.
9
Q
- Which is true?
A. Under the POFMA, one can sue for damages about a FSOF
B. A minister cannot, on the day before a general election, instruct the IMDA POFMA Office to issue a correction direction
C. There are no guidelines for what is in the “public interest” under the POFMA
D. All of the above
E. Only two of the above
A
It’s B; during the election period (from the writ of election to the close of polls), ministers appoint alternative authorities to make POFMA orders. Not A; under the POFMA, the government can force one to pay fines but not one is not sued for damages. Not C; the statute lays out specific criteria for what can constitute the public interest.
10
Q
- Which is true?
A. A POFMA direction can only be issued to one who intends to make a FSOF
B. An order asking a specific individual to post a correction notice in her YouTube video’s description is a targeted correction direction
C. A targeted correction direction can be issued only after the target fails to comply with a correction direction
D. At least two of the above
E. None of the above
A
It’s E. Not A; she need not even need to know it’s false. Not B: This is a correction direction, which is made to the poster of the content, but not a targeted correction direction, which is aimed toward that service on which she posts the content. Not C; there is no such prerequisite for a targeted correction direction.
11
Q
- Which is true in Singapore?
A. For a website to be designated a “declared online location”, it must carry advertising
B. The recipient of a general correction direction must post the correction notice next to the original post that contains the FSOF
C. The government cannot obtain a Poha order against an individual who posts a FSOF
D. All of the above
E. Only two of the above
A
It’s C. The government cannot obtain any Poha orders; only a person can ask a court to issue one. Not A; the only requirement is that the DOL transmits at least three FSOFs within a 6-month period; there are however penalties for carrying advertising or otherwise benefiting financially. Not B; it is not paired with a particular post, which may no longer appear—or the FSOFs may be circulating through many posts.
11
Q
- Which is true in Singapore?
A. For a website to be designated a “declared online location”, it must carry advertising
B. The recipient of a general correction direction must post the correction notice next to the original post that contains the FSOF
C. The government cannot obtain a Poha order against an individual who posts a FSOF
D. All of the above
E. Only two of the above
A
It’s C. The government cannot obtain any Poha orders; only a person can ask a court to issue one. Not A; the only requirement is that the DOL transmits at least three FSOFs within a 6-month period; there are however penalties for carrying advertising or otherwise benefiting financially. Not B; it is not paired with a particular post, which may no longer appear—or the FSOFs may be circulating through many posts.
12
Q
- Which is true if the owner of a New Zealand company’s website, hosted in New Zealand, refuses to comply with a correction direction from Singapore?
A. An access blocking order can be issued to Singtel, which is among the operators of services that transmit the website into Singapore
B. A stop communication order can be issued to the company forbidding it from engaging in all online communication anywhere, inside or outside Singapore, indefinitely
C. Correction directions cannot be issued to foreign website owners, so the website would be justified in not complying
D. All of the above
E. Only two of the above
A
It’s A; refusal to comply with a POFMA direction can result in an access blocking order, which is issued to IASPs. Not B; there are no POFMA orders that forbid all online communication from a person or company—whether inside or outside Singapore. Not C; POFMA directions can be issued outside Singapore.
13
Q
- In Singapore, in a YouTube video, Tati deliberately lies and says that she knows that James gives biased reviews of beauty products because the beauty brands pay him to do so. Which is most likely true?
A. Publishing this post may not fulfil the minimum requirements under the POFMA for the offence of communicating a false statement of fact in Singapore
B. Under the POFMA, a court may order Tati to post a correction notice if the court deems it “just and equitable” to do so
C. Because YouTube is not based in Singapore, POFMA is not applicable to the case
D. Only two of the above
A
It’s A. For the offence of communicating a false statement, a person must know or have reason to believe that she communicated a FSOF (that’s fulfilled by the deliberate lie) and communicating the FSOF must be against the public interest; see the list of public interest considerations, none of which is at all likely to be fulfilled here. Not B; that describes what can happen under the Poha, not the POFMA, under which a minister arranges for directions in the public interest, not a court. Not C; POFMA applies to online communication through intermediaries whether or not they are based in Singapore.
14
Q
- Which direction, issued to TikTok, requires it to delete a video entirely from its service and its servers?
A. Stop communication direction
B. Disabling direction
C. Account restriction direction
D. At least two of the above
E. None of the above
A
It’s E. None of the directions requires deletion; they only require that the recipient restrict communication to users in SG. A is doubly wrong because the stop communication direction is not issued to the IIS TikTok. B requires disabling access of SG users, but the material need not be deleted. C requires the IIS to restrict communication from the account to SG users, but the account may be used to communicate elsewhere. *POFMA
15
Q
- According to the POFMA requirements, the precedent cases, and the analysis in the video lectures and tutorial, which is true regarding the general correction direction (GCD)? We can expect that it will be issued:
A. to an individual who has communicated the FSOF through a single post, but the FSOF hasn’t spread widely yet; the GCD appears next to the post, as it has in precedent cases
B. in cases where a court found that the FSOF could cause particularly serious harm, so the court issues the GCD
C. when the FSOF is spreading widely from multiple sources, but it’s difficult to identify a specific original source
D. in all of the above cases
A
It’s C; in tutorial and video lecture, we saw that when it is difficult to identify an original post through which the FSOF is spreading—a post with which a correction notice can be placed to effectively counter the FSOF—a GCD can be issued to a platform to reach a wide audience. Not A; the correction direction would be more appropriate here, and this choice is downright wrong because in precedent cases the GCD was not issued to the individual but to IISs (though it may be possible to issue a GCD to an individual, the statute only mentions issuing it to newspapers, broadcasters, IISs and other organisations). A is also wrong because the GCDs does not appear next to a particular post. Not B; unlike the Poha’s general correction order, the GCD is not applied for or issued by a court and there is no requirement of serious harm. *POFMA
16
Q
- You tweet that a minister is corrupt. Which could result under Singapore law?
A. Under Poha, a minister arranges for the relevant office to issue a stop publication order
B. Under POFMA, AGC prosecutes for communicating a FSOF
C. Under POFMA, a minister arranges for the court to issue a stop communication direction
D. Each of the above is a possible outcome
E. Only two of the above are possible outcomes
A
It’s B; communicating a FSOF is a criminal offence, unlike the POFMA directions. Not A; under Poha, the subject must apply to a court. Not C; the minister arranges for the competent authority (the POFMA Office) to issue any direction, not the court. *POFMA
17
Q
- For a POFMA correction direction to be issued, which must be true about the author of the FSOF?
A. She knows or has reason to know that it’s false
B. She acts with malice, which is also required for liability for scandalising contempt and civil defamation
C. She did NOT intend to spread false information (because if she did, then the authorities must charge her with the offence of communicating a FSOF)
D. Only two of the above
E. None of the above
A
It’s E. Not A; the POFMA explicitly states that knowledge of falsity is not required. Not B; it’s not required in POFMA, and it also follows from A that if knowledge of falsity is not required, it would be bizarre that malice (desire to harm) would be required. And of course malice is not required for scandalising contempt or civil defamation, so B is triply wrong. Not C; intent is not required; although knowledge of falsity is required for the offence of communicating a FSOF, even if it is present, it doesn’t mean that the offence must be charged and a correction direction cannot be issued. Also, C is doubly wrong because of the broader principle of prosecutorial discretion—there’s no requirement that the authorities charge the D with the offence even if she meets criteria.
18
Q
- Under the POFMA,
A. a targeted correction direction can be issued to an IIS only if a correction direction is first issued to an individual regarding the FSOF
B. a general correction direction can be issued only after a targeted correction direction is first issued to an IIS regarding the FSOF
C. a website can be a “declared online location” only if it received at least 3 POFMA directions in the last 6 months
D. at least two of the above
E. none of the above
A
It’s C. Not A nor B; there are no requirements to issue these directions only after others.
19
Q
- Under the POFMA, under some conditions,
A. Instagram can be required to carry a correction notice that appears next to a particular post
B. Instagram can be required to block access of SG users to a declared online location
C. Facebook can face criminal penalties in SG for failing to comply with POFMA provisions regarding declared locations
D. all of the above
E. only two of the above
A
It’s D. A describes a targeted correction direction. B is accurate, not because it describes the “access blocking order” (which is to the IASP, not the IIS), but because of specific provisions regarding noncompliance of orders related to DOLs . C describes what can happen if, for example, Facebook fails to comply with an order to block access to a declared location.
20
Q
- Which is true?
A. The Poha general correction order requires likelihood of serious harm, but the POFMA general correction direction does not
B. The Poha correction order requires that issuing it be in the public interest, but the POFMA correction direction does not
C. According to the analysis in the video lectures, an ordinary person is more likely to be able to get a POFMA direction regarding a personal matter than a Poha direction
D. At least two of the above
E. None of the above
A
It’s A; the general correction order circulates widely, and so there’s a requirement of serious harm before it can be issued in a Poha case, which doesn’t require that the matter be of public interest (importance). Not B; POFMA requires that issuing it be in the public interest. Not C; one is more likely to be able to get a Poha order for a personal matter than a POFMA order, because of the POFMA’s public interest requirement.
21
Q
- At the Women’s March on Washington in 2017, Madonna said to a crowd of hundreds of thousands, “I have thought an awful lot about blowing up the White House. But I know that this won’t change anything.” Which is true?
A. She can be punished in the US because it almost certainly qualifies as IIIPLA
B. She can be punished in the US because it almost certainly qualifies as fighting words
C. If similar words were spoken in Singapore in front of the Istana after the proposed revisions to the incitement provision are in effect, they could be investigated as incitement, which would include investigation of the speaker’s intent or knowledge of likely consequences
D. All of the above
E. Only two of the above
A
It’s C; there’s nothing to bar investigation of such an utterance as incitement, and indeed, this would require an examination of the speaker’s state of mind. Not A because the criteria of imminent lawless action that is likely to occur wouldn’t be met. Not B because these aren’t words likely to cause another to retaliate by fighting.
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2. Asked what his reaction would be if Hillary Clinton won the 2016 US presidential election, an American supporter of gun rights replied to a New York Times reporter: "If the people decide they can no longer suffer the inequities, I'd be with the people and I'd take my guns up to Washington". This expression, published in the NYT, is almost certain to be classified as:
A. slander
B. intentional incitement to imminent and probable lawless action
C. fighting words
D. only two of the above
E. none of the above
It's E, and it's a real example. Not A; it can't reasonably be said to tend to harm the reputation of Hillary Clinton, and what makes it doubly incorrect is that the comments are recorded, so it cannot be slander; it could only be libel. Not B; this is a great example of the threatening speech that does not meet the IIIPLA criteria of incitement (i.e., exciting others to take action) to lawless action (i.e., breaking the law) that is imminent (i.e., immediate) and is probable (i.e., likely to occur). The IIIPLA test usually fails on the imminence requirement, which is absent in part because he is only saying he may act if others cannot stand the situation. It's not fighting words, i.e., words likely to cause the average person to respond with violence.
23
3. The Singapore cases for expression targeting people on their race or religion have resulted in:
A. warnings
B. jail sentences
C. fines
D. all of the above, though not necessarily in the same case
E. only two of the above, though not necessarily in the same case
It’s D. Authorities and the judges have given warnings, jail sentences and fines.
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5. An advocate of the view that free speech leads to greater tolerance analyses Singapore’s prosecutions under Penal Code §§ 298 and 298A, which criminalise hate speech. She is likely to emphasise that enforcement of these provisions may:
A. prevent bigots from finding one another
B. strengthen the society by reinforcing commonly held views of the boundaries of free expression
C. weaken the society by failing to give individuals practice with dealing with hate speech
D. B and C
E. none of the above
It’s C; under this rationale, practice dealing with hate speech makes individuals and communities stronger. Not A and B, which are arguments for regulating hate speech.
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4. Which are beliefs about free expression and hate speech discussed in the class material?
A. Free expression, even of offensive expression, can destabilise society
B. Free expression, even of offensive expression, can ultimately help to stabilise society
C. Free expression can result in some people becoming more tolerant of offensive expression
D. All of the above
E. Only two of the above
It’s D. The traditional view of offensive expression is A, but theorists including Bollinger have argued for C, which is part of the reason that they also believe that ultimately B can occur; if people develop "thick skins" and can tolerate all sorts of offensive expression, they'll be less likely to retaliate against it. So it's D.
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6. Which is an argument emphasised by defenders of allowing free expression, even of some hateful speech?
A. The long-term results when communities deal with hate speech among their members, without resorting to law enforcement, may be to make society stronger
B. Hate speech may allow haters to discharge their anger in words rather than violence
C. There is no such thing as an individual's right NOT to be offended
D. All of the above
E. None of the above
It’s D. Free speech advocates (e.g., Bollinger) argue A. Some (e.g., Emerson) conceive of hate speech as a safe discharge of hatred (B is okay). Much free expression law builds on the principle reflected in C.
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7. Xiumin tweets, “Meditate on this: Christians are better than godless Buddhists!!!” Let’s assume Xiumin is an American resident posting in the United States. In order to prosecute him successfully, the American authorities would have to prove:
A. his words violate American’s longstanding criminal laws outlawing all hate speech
B. he was intentionally inciting action that is against the law
C. if the words are not deleted from Twitter, they may eventually have a tendency to incite lawless action at some future date
D. all of the above
E. only two of the above
It’s B. Only words that meet the IIIPLA (intentional incitement to imminent and probable lawless action) test can be prohibited under the First Amendment. Not A; much hate speech doesn’t rise to the standard in B. Not C; words with a mere tendency to incite lawless action at some later time cannot be prohibited—they must incite it imminently.
28
8. After enactment of the proposed 2019 amendments to the MRHA and Penal Code, Xiumin, a resident in Singapore, tweets, “Meditate on this: Christians are better than godless Hindus!!!” Which is true?
A. If an individual practicing Hinduism attempts to sue Xiumin for libel in Singapore, the courts are likely to find that the individual is identified by the tweet
B. The authorities may choose to prosecute under a Singapore MRHA provision
C. The authorities may choose to file a civil lawsuit against Xiumin under Singapore’s Penal Code
D. All of the above
E. Only two of the above
It’s B; the amended MRHA includes provisions against promoting disharmony and insulting based on religion. Not A; a person practicing the Hindu religion could not successfully claim that she is identified given that the number of Hindu adherents in Singapore is vastly higher than the threshold in defamation law—around 12—beyond which identification is unlikely. Not C; the Penal Code is criminal law, not civil law.
29
11. After the proposed amendments to Singapore’s hate speech laws are enacted: At a rally in Singapore, Leon shouts, “Down with the government! Let’s blow up the Parliament!” Leon could be prosecuted under the:
A. Penal Code §298 or §298A
B. incitement provision of the Penal Code
C. both of the above
D. none of the above
It’s B; it could be incitement since it’s an utterance that could possibly be deemed incitement to violence. For B to be true the state of mind requirement would need to be met, and we don’t have enough info to know whether it would be met in this case—so it’s possible that it could be met; don’t get tripped up by making assumptions (based on info you don’t have) that the requirement couldn’t be met. Not A; those Penal Code provisions address race and religion, and after the amendments are enacted, they address only race.
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13. In California, a student tweets at 4am to his 273 followers, most of whom are sleeping: “Buddhism is just a bunch of silly superstition”. The US authorities appear to have a strong case for prosecution for:
A. violating the Maintenance of American Religious Harmony Act discussed in class
B. IIIPLA
C. fighting words
D. all of the above
E. none of the above
It’s E. US doesn’t have a Maintenance of Religious Harmony Act, so not A. IIIPLA itself is not an offense; it’s a standard for what a US law can constitutionally prohibit (not B). What’s more, laws incorporating the IIIPLA standard and fighting words (not C) both must target expression with a potentially imminent effect of provoking a lawless or violent reaction, which is unlikely over social media at any hour--and even more unlikely when delivered very early in the morning.
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15. According to the US cases on free expression, which is required for expression to qualify as incitement under the Brandenburg standard?
A. It must be “directed to” (i.e., intended to) incite lawless action
B. The lawless action must be imminent
C. The lawless action must be probable, i.e., likely to occur
D. All of the above
E. Only two of the above
It’s D. All the components are necessary for incitement under Brandenburg—intentional incitement to imminent probable lawless action, or IIIPLA, the acronym I use to recall it.
32
17. During the US presidential election campaign, Donald Trump called Hillary Clinton a “bigot” repeatedly in a broadcast interview. Under US law, this statement is likely to be:
A. incitement under the IIIPLA criteria
B. hate speech, which violates US law
C. expression that is unconstitutional
D. all of the above
E. expression that is allowed under US law
It's E. A broadcast statement of the word to describe Hillary is unlikely to incite Hillary or anyone else to imminent and probable lawbreaking, so not A. Hate speech doesn’t violate US law unless it’s incitement or fighting words, so not B. It’s possible that laws or government actions are unconstitutional but expression is not unconstitutional, even if it break laws, so not C.
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18. At a women’s rally in Los Angeles, Bianca, who has no previous record of violence or threats and has not spoken about Supreme Court nominee Judge Kavanaugh before, says to a crowd of thousands, “If any of you ever gets close enough to that Judge Kavanaugh, I say, you should castrate him!” She makes a gesture with her fingers like a scissors cutting. The crowd applauds and chuckles. A woman cries out, “Snip ‘em off!” Under US law, these words:
A. are likely to be incitement that meets the six criteria in the US incitement test
B. are likely to be fighting words, which have been punished in many previous US cases
C. are very unlikely to be deemed a true threat, though it’s hard to say with absolute certainty
D. at least two of the above
E. none of the above
t’s C. This is very likely to be political hyperbole and unlikely to be a true threat, given the lack of clarity about intent, the reaction of the audience, its conditional nature, the fact that it’s not made directly to the victim, and the lack of history of violence or threats. Plus, it’s kind of absurd—no one goes around castrating people. But you can’t be absolutely sure. Not A; imminence of the threat of violence to Kavanaugh is surely lacking, as is the probability that it will occur. Not B; this is not a direct personal insult or an invitation to exchange fisticuffs—it’s not directed at someone in circumstances such that he would be likely to fight--further, cases involving prosecution of fighting words have been rare (not “many previous cases”).
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21. If a US law criminalised words with a “tendency to stir disaffection among the races”,
A. the law would be examined in light of the First Amendment
B. the law would likely be found unconstitutional—unless it only prohibited expression that met certain narrow categories, such as incitement (as defined in Brandenburg) or fighting words
C. both of the above
D. none of the above
It’s C. A is okay; laws criminalising expression are examined against the First Amendment. B is okay; the law will be unconstitutional unless it prohibits expression in the narrowly defined exceptions to the First Amendment.
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24. Takes place after proposed amendments to SG hate speech laws have been enacted: Lewis tweets to his 40 followers, scattered around the world, “Most so-called Christians are from churches that need to be reconstructed to be true churches”. Lewis’s words:
A. could violate Penal Code §§ 298 and 298A in Singapore
B. could violate the MRHA in Singapore
C. are likely to meet the IIIPLA criteria in the US
D. all of the above
E. only two of the above
It’s B, not A; the Penal Code provisions on religion are moving to the Maintenance of Religious Harmony Act after the 2019 amendments are enacted; the MRHA requirements could be met. Not C; there’s no intentional incitement to any lawless action.
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25. On Instagram, Vincent is an NTU student with followers in the US and Singapore. He has no history of violence or threats of it. Last month, he posted a photo of a pair of scissors with the words, “If you see a man who wants to be a woman, you can save him some money on surgery by removing what’s between his legs for him”. His post includes the “laughing out loud” emoji. Some of his followers liked the post; one posted “You crazy, man. Thanx for the lolz.” There were no further consequences. His post:
A. is likely to be a true threat in the US
B. is likely to meet the IIIPLA criteria in the US
C. could qualify as incitement in Singapore even if the speaker was found just to be joking and neither had intent nor reason to believe that consequences would follow
D. at least two of the above
E. none of the above
It’s E. Not C; it cannot be incitement unless there’s either intent for consequences—or, alternatively, knowledge or reason to believe consequences are likely. By the way, don’t fall into the trap of thinking that just because the question doesn’t mention knowledge of likely consequences that the option is incomplete. You have to consider the logic of the words. If a person didn’t have reason to believe that consequences were likely, they couldn’t have knowledge that consequences were likely. Not A; it’s not a direct threat; it’s conditional (“If…”); it was framed as a joke and wasn’t taken seriously; there’s no history of or indication of a propensity for violence. Not B; there’s no intentional incitement to any lawless action, nor any imminent and likely response.
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28. This case takes place in Singapore after the proposed amendments to the Penal Code and MRHA pass and take effect. Allie believes Bea is dating her boyfriend. Allie follows Bea into the women’s restroom to get revenge. Allie is White; Bea is African American. Allie says to Bea, “There’s a reason your people were slaves to my people. You and your people have no brains.” No one else hears this unrecorded conversation. Which is true?
A. Bea could prevail in a slander case without having to prove quantifiable damages
B. Bea could prevail in a slander case only if she could prove quantifiable damages
C. Allie appears to have violated Penal Code section 298
D. All of the above
E. Only two of the above
It’s C; the statute requires intentional wounding of racial feelings. Unless Allie confesses, Bea might have a problem with proof—but that doesn’t mean Allie didn’t break this law. Neither A nor B; it cannot be a slander case if there was not a third party who heard it and in whose eyes Bea’s reputation could be harmed.
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29. If Singapore laws were amended to mirror the US incitement standard, cases involving hate speech in status updates to Facebook would generally fail the test for incitement. This is because such posts would fail to meet the requirement in the incitement test that any lawless action:
A. results in serious or irreparable harm
B. may occur immediately (or almost immediately)
C. actually occurs
D. all of the above
E. only two of the above
It’s B; the imminence requirement is the stumbling block here, because with a status update there will be time for intervening communication—more speech—before a reaction occurs. Not A; there’s no requirement that the lawless action be serious. Not C; there’s no requirement that an actual reaction occur.
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31. An “incel” is involuntarily celibate: He wants romance but can’t get it. Most in this online subculture are men. Some hate women. After the proposed amendments to SG hate speech laws are enacted: Iago, an incel in SG, tweets, “Females are inferior. Kidnap a woman. Make her your slave.” Iago could be prosecuted under:
A. Penal Code §298 or §298A
B. the incitement provision
C. both of the above
D. none of the above
It’s B; it’s an electronic communication that counsels disobedience of the law, since kidnapping and enslavement are illegal. Not A; those sections specify only race after the proposed amendments.
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32. After the proposed amendments to SG hate speech laws are enacted, Iago, a Singapore incel, says “Females are inferior. Kidnap a woman. Make her your slave” to a group of 10 incels at a park in Singapore. Iago could be prosecuted under:
A. Penal Code §298 or §298A
B. the incitement provision
C. both of the above
D. none of the above
It’s B; incitement is possible if he’s found to have the required state of mind. Not A; those sections apply only to race after the proposed amendments.
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33. In Los Angeles, Jay tweets, “If Asians keep spreading this virus, they should go back to Asia!” Over the next week, his 10 followers, all non-Asian, see the tweet and think it’s a joke. None reacts. Given what you know of US law and America’s general approach to hate speech, Jay is likely to be prosecuted under a law that incorporates the test for:
A. incitement
B. fighting words
C. a true threat
D. all of the above
E. none of the above
It’s E. A tip-off is the direction to consider the US’s “general approach to hate speech”, which is to permit it. Not A; incitement requires an imminent and probable lawless reaction, but an immediate reaction is unlikely for such online communication. Not B; in the rare fighting words cases, communication was usually delivered directly (face-to-face) to a person who was likely to respond violently. Not C; it’s not even a threat, let alone a true threat—it’s a conditional (if/then) statement that wasn’t delivered to any potential victim; its audience saw it as a joke.
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35. At the Stanford University campus, a student refers to Vice President Kamala Harris using the “n word” (spelled out) in an Instagram post that some of the student’s 600 friends, scattered throughout America, see at various points in the day after it was posted. The student wrote: “This n***** Kamala is not qualified to be VP”. The student’s friends respond by telling her to calm down. Which is true?
A. The post is likely to qualify as IIIPLA
B. The post will certainly qualify as fighting words
C. The post is likely to qualify as a true threat
D. All of the above
E. None of the above
It’s E. Not A; it’s not intentional incitement to do any imminent and probable lawless action. Not B. The fighting words test has been worded in different ways, but fighting words are usually directed face-to-face—an invitation to fight that is likely to lead to an immediate breach of the peace. That’s not likely here, but the option refers to certainty. Not C; there’s no threat to Harris or anyone else here.
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38. Which of the following defences can apply in prosecutions in Singapore for violations of the laws studied under the topic of hate speech?
A. Fair comment
B. Privilege
C. Innocent dissemination
D. Only two of the above
E. None of the above
It’s E; there are no formal defences to the criminal law provisions (e.g., Penal Code or MRHA provisions) that apply to hate speech.
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43. On the street outside a nightspot, a Caucasian man says to a Chinese Singaporean, “Hey! Shang Chi! I heard you’re good at kung fu, but don’t cough your Covid on me!” Shang Chi is the Chinese-American hero and title character of a blockbuster 2021 Marvel action movie. Which is true?
A. If this occurs on the street in Austin, Texas, the Caucasian man is unlikely to be prosecuted for the crime of IIIPLA
B. If this occurs in Singapore, the Caucasian man can be prosecuted for incitement under the Penal Code §267C
C. Both of the above
D. None of the above
It’s C. A is okay; IIIPLA is not a crime; it’s a test of whether a law is limited to only prohibiting the kind of expression that can be prohibited. What’s more, the expression involved is unlikely to meet the IIIPLA criteria. B is okay; incitement could apply if he at least has reason to believe that a violent reaction (a breach of the peace) could result.
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45. Defendant said in a Facebook post, “Remember that Pinoy better and stronger than Stinkaporeans”. Based on communication research discussed in this course:
A. we’d predict that many Singaporeans who see the post believe that other Singaporeans will be upset, but are not upset themselves
B. we’d predict that Singaporeans who see the post and believe that other Singaporeans will be upset, but aren’t upset themselves, are more likely to support legal sanctions against the defendant than Singaporeans who don’t think anyone is going to be bothered by the post
C. expression such as this post has been proven, in many research studies discussed in class, to weaken societal bonds
D. All of the above
E. Only two of the above
It’s E. The third-person effect predicts A, and research supports the corollary, B. Not C; there’s not conclusive research, and in any case, relevant research wasn’t discussed in this class.
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45. Defendant said in a Facebook post, “Remember that Pinoy better and stronger than Stinkaporeans”. Based on communication research discussed in this course:
A. we’d predict that many Singaporeans who see the post believe that other Singaporeans will be upset, but are not upset themselves
B. we’d predict that Singaporeans who see the post and believe that other Singaporeans will be upset, but aren’t upset themselves, are more likely to support legal sanctions against the defendant than Singaporeans who don’t think anyone is going to be bothered by the post
C. expression such as this post has been proven, in many research studies discussed in class, to weaken societal bonds
D. All of the above
E. Only two of the above
It’s E. The third-person effect predicts A, and research supports the corollary, B. Not C; there’s not conclusive research, and in any case, relevant research wasn’t discussed in this class.
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ingapore’s incitement law (Penal Code §267C) is different from the US incitement law in that:
A. there's no consideration of the likelihood of any sort of consequences of the communication in Singapore’s law
B. the requirement of imminent consequences of the communication is lacking in Singapore’s law
C. according to lecture, so much speech qualifies as incitement under US law that incitement is one of the most frequently prosecuted offences, whereas prosecution is rare in SG
D. at least two of the above
E. none of the above
It’s B. Check out the text of 267C—like US’s IIIPLA, it mentions likelihood of consequences (e.g., breach of the peace, so not A), but unlike IIIPLA, it omits the time factor, imminence. Not C; as noted in the video lecture, very little expression meets the incitement criteria in the US.
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47. After the changes proposed in 2019 to Singapore’s laws on hate speech are in effect,
A. defences similar to the justification defence and fair comment defence from libel law will be introduced for the Penal Code and MRHA provisions on hate speech
B. the prosecutor’s burden of proof for at least one of the offences under the Penal Code will change when it is removed from the Penal Code and its counterpart is added to the MRHA
C. both of the above
D. none of the above
It’s B; the video lecture narration highlights changes to the burden of proof—which is lowered from “intent” to “knowledge”—as the Penal Code §298 moves to the MRHA. Not A; there no truth defence or fair comment defence for hate speech!
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1. You make a controversial film. You want it to be shown in cinemas in Singapore and the US. Which is true?
A. It must be classified, i.e., given a rating, in Singapore
B. If the film is rated “NAR” in Singapore, it can only be shown in cinemas to adults
C. US law requires that no one below the age specified in the rating be admitted to a cinema showing the film in the US
D. All of the above
E. Only two of the above
It’s A. Films must be rated before they are exhibited. Not B; if the film is rated “Not Allowed for All Ratings”, it can’t be exhibited in cinemas, even to adults. Not C; US film ratings are not law.
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2. A prior restraint before one can begin over-the-air broadcast transmission is:
A. part of Singapore law
B. not part of American law
C. part of only very few nations’ laws
D. all of the above
E. only two of the above
It’s A. Not C; many nations have broadcast licensing, including Singapore and the US (so not B), because it is seen as necessary to control traffic on the broadcast airwaves.
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3. Which is true of newspaper licences (usually called permits) unless the permit holders are exempted?
A. One may be required to post a bond to get the permit
B. The permit is typically for 5 years
C. A condition of the permit is that the holder must follow the Newspaper Code of Practice
D. All of the above
E. Only two of the above
It’s A. The term is typically one year, not 5, so not B. There is no Newspaper Code of Practice, so not C.
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5. Under the US approach to child pornography, the focus is on:
A. eliminating the desire for such content by eliminating such expression in all media
B. preventing child abuse and records of such abuse by criminalising photographic child pornography
C. allowing individuals to possess such photos privately, as long as they do not distribute them to others
D. all of the above
E. only A and B
It’s B—the focus is on photos, to prevent abuse of children (who cannot legally consent) that are required for creation of photos, and on preventing and circulation of the records of that abuse. Not A; descriptions of such acts are not prohibited under the child pornography laws (though it’s possible that descriptions could fall under obscenity law). Not C; possession is prohibited.
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6. Prior to the reserved presidential election, National Socialist Party of Singapore posts a video saying, “Don’t vote in the election because a reserved election for one race is wrong”. “Support NSPS today”, it says. Singapore authorities can deem the film:
A. objectionable, so its possession is illegal
B. prohibited, so its possession is legal but distribution is not
C. a party political film, so its possession is legal but distribution is not
D. at least two of the above
E. none of the above
It’s E. A is doubly wrong: Objectionable is a category for publications, not films, and for publications it means possession is okay (though distribution is not). B is wrong; films can be prohibited, but that means possession is illegal. Not C; possession of a party political film is illegal.
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8. Which kinds of licence requirements are common, even in places like the US and UK that are generally regarded as having a great deal of freedom of expression?
A. newspaper licensing
B. free-to-air broadcast licensing
C. licensing of online news sites
D. all of the above
E. only two of the above
It’s B. Remember what licensing is: requiring a licence/permit before publication. Newspaper licensing has never been part of US law, and has not been part of UK law for centuries (not A). Broadcast licensing—at least licensing of broadcast frequency—is common everywhere, with the authorities acting as a traffic cop even in the countries with high press freedom. Licensing of online sites is rare (not C).
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8. Which kinds of licence requirements are common, even in places like the US and UK that are generally regarded as having a great deal of freedom of expression?
A. newspaper licensing
B. free-to-air broadcast licensing
C. licensing of online news sites
D. all of the above
E. only two of the above
It’s B. Remember what licensing is: requiring a licence/permit before publication. Newspaper licensing has never been part of US law, and has not been part of UK law for centuries (not A). Broadcast licensing—at least licensing of broadcast frequency—is common everywhere, with the authorities acting as a traffic cop even in the countries with high press freedom. Licensing of online sites is rare (not C).
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9. Which of these, from Singapore law, has NO roughly similar counterparts under American law?
A. The broadcast licence requirement
B. The ban on video political advertisements
C. The requirement of a licence to run a website featuring local news that has a large audience
D. All of the above
E. Only two of the above
It's E. Not A; almost all countries, including USA, have broadcast licensing, at least so the government can play the role of traffic cop on broadcast spectrum frequencies. B is okay; US allows video political advertising quite freely. C is okay; US has no licensing of news websites.
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10. Among reasons that much pornography from the United States circulates in the world market is that:
A. requirements to meet the definition of illegal obscenity are hard to meet under US law
B. the category of obscenity has been struck down by the US courts as unconstitutional
C. the category of obscenity has been struck down by the US courts as void for vagueness
D. only B and C
E. even though most pornography is obviously illegal, enforcement of the law is lax
It’s A; the bar for obscenity is very high. Not B nor C; obscenity as defined in the Miller test has not been deemed unconstitutional, though critics often ask if it should be because they say the law is vague (i.e., it is unclear what is prohibited and what is not). Not E; because the standard for obscenity is so high, much pornography is perfectly legal.
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11. A magazine consists of dozens of photos of topless women lounging about in pastoral settings. It:
A. is likely to fulfil the US Miller definition of obscenity, so distribution can be banned for adults
B. may be deemed objectionable in Singapore
C. would certainly fulfil the Hicklin definition of obscenity and be prohibited in the UK
D. all of the above
E. only two of the above
It’s B. It’s unlikely to fulfil Miller, based on the examples in the Miller case (e.g., ultimate sexual acts, lewd exhibition of the genitals); this is important to note because the US is a major porn producer, and there’s little chance this would be illegal there. So, the world gets flooded with material like this. In SG it could be deemed objectionable based on nudity (so B is correct). It may or may not meet the Hicklin test—but it’s way too strong to say it “would certainly”, so not C; it’s up to a judge to decide whether it’s likely to deprave or corrupt the audience.
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11. A magazine consists of dozens of photos of topless women lounging about in pastoral settings. It:
A. is likely to fulfil the US Miller definition of obscenity, so distribution can be banned for adults
B. may be deemed objectionable in Singapore
C. would certainly fulfil the Hicklin definition of obscenity and be prohibited in the UK
D. all of the above
E. only two of the above
It’s B. It’s unlikely to fulfil Miller, based on the examples in the Miller case (e.g., ultimate sexual acts, lewd exhibition of the genitals); this is important to note because the US is a major porn producer, and there’s little chance this would be illegal there. So, the world gets flooded with material like this. In SG it could be deemed objectionable based on nudity (so B is correct). It may or may not meet the Hicklin test—but it’s way too strong to say it “would certainly”, so not C; it’s up to a judge to decide whether it’s likely to deprave or corrupt the audience.
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13. Under Singapore law, a newspaper must
A. be licensed
B. be wholly owned by the government
C. deliver each day’s edition to the IMDA for review before publication
D. all of the above
E. none of the above
It’s A, under the NPPA; neither of the others is required.
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15. In Singapore, MDA’s “Free‐To-Air Radio Programme Code”, sometimes referred to as a “Code of Practice,” reads in part:
* Due care must be exercised in vetting the lyrics of songs as radio is a mass medium. The following themes, values and references should not be featured nor encouraged in songs:
* those which contain sexually suggestive sounds and obscene/vulgar words or connotations
* those which promote promiscuity and sexual perversions
* those which glorify crime or violence or encourage anti‐social behaviour such as drug taking, hatred, intolerance etc.;
* those which denigrate the sensitivities of any racial and religious groups (e.g. using the names of deities in a frivolous way);
* those which reinforce or promote superstitions or beliefs in witchcraft, the supernatural, occult or satanic worship; or
* those which are against existing public policies or objectives.
In some of Nicki Minaj’s songs, e.g., “Only,” she raps about sex in startlingly explicit, vulgar terms. Which is true?
A. The Code (above) is a form of media self-regulation that is not law, so a Singapore radio station is free to play “Only” unedited, without concern about legal consequences
B. Under the Code (above), a licensed free‐to‐air radio broadcaster in Singapore might face a fine for playing “Only” unedited
C. Sound recordings can be legally regulated using other laws in Singapore besides the Code (above), even if the songs are not played on the radio
D. The authorities often ignore the Code (above) and allow songs by popular artists to air unedited on the radio, no matter how explicit, so that Singaporeans become familiar with the latest trends
E. B and C
It’s E. The Code is law; B is okay but not A. Sound recordings are also regulated under the Undesirable Publications Act, and can be deemed objectionable or prohibited, so C is also okay. I hope you didn’t choose D; it might seem that way, but the vulgarities are usually “bleeped” or silenced in some way.
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17. In Singapore, which are requirements imposed BOTH on offline newspapers (unless exempted) AND on some online news sites?
A. requirement of a licence or permit
B. requirement to pay a deposit or post a bond
C. both of the above
D. none of the above
It's C. Newspapers are licensed, as are some online news sites, so A is okay. B is also required for both.
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18. In 2015, Tanya made a film in which she profiled gay men in Singapore and called on Singaporeans to vote against their PAP MPs unless they repealed Penal Code section 377A, prohibiting acts of “gross indecency” between men. Which is true?
A. The film may have been deemed objectionable under the Undesirable Publications Act
B. The film, which is in documentary style and also includes a dramatic re-enactment of the first organizational meeting for the annual “Pink Dot” event, may have been deemed a party political film that is subject to legal restrictions under the current Films Act provisions on party political films
C. The film may have been prohibited if the film had been deemed against the public interest
D. All of the above
E. Only two of the above
It’s E. UPA does not regulate films—just publications and sound recordings--so not A. Documentaries that include dramatic elements like re-enactments can be deemed party political films that are not permitted, as can films intended to affect voting, so B is okay. Any film may be prohibited within the discretion of the authorities, so C is okay.
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21. A film, based closely on a novel that has won literary prizes, has no sexually explicit scenes but shows a same-sex kiss. Which is true?
A. It may run afoul of Singapore’s Undesirable Publications Act
B. It is likely to be obscene in the US under the Miller standard for obscenity
C. Both of the above
D. None of the above
It’s D. Not A; the UPA doesn’t regulate films—only publications and sound recordings. Not B; a kiss is not enough to qualify under Miller standards that require explicitness, and Miller requires a lack of literary merit.
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22. A film labels itself a documentary. It includes a dramatic re-enactment of an opposition leader’s speech in which he called for Singaporeans to own their homes “forever, not just 99 years”. The film may:
A. be a party political film
B. result in a fine
C. be illegal to possess
D. all of the above
E. only two of the above
It’s D. A is okay: Documentaries must not be dramatic if they are to be exempted from the definition of a party political film--but this contains a dramatic re-enactment. It may also be seen as directed toward the political end of changing views on the law about home ownership. If it’s a party political film, a fine is possible (B is okay) and it’s illegal to possess (C is okay).
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25. Which is true?
A. In both Singapore and USA, radio stations are required to have licences
B. The age restrictions in US film ratings are legally enforced
C. An animated film on Singapore history cannot be deemed a prohibited party political film
D. All of the above
E. Only two of the above
It’s A. Not C; animated documentaries may qualify as prohibited party political films. Not B; US ratings are advisory.
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27. Which is true in Singapore under the Films Act?
A. Political advertisements are prohibited
B. Films “directed toward a political end in Singapore” can be prohibited
C. Films can be prohibited when deemed “contrary to the public interest”
D. All of the above
E. None of the above
It’s D. A and B are the two kinds of films banned as “party political films” under section 33, and there’s also the wider ban on films contrary to the public interest in section 35 (C is okay).
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29. Which is true under the Films Act?
A. A video recording that MediaCorp shows on a news broadcast to report on an election is likely to be considered a party political film
B. A film that a WKWSCI final-year project documentary group makes that portrays GE2020 with re-enactments of key events CANNOT be considered a party political film
C. The Minister of Communication & Information could deem one or both of the films above to be prohibited films if he finds them contrary to the public interest
D. All of the above are true
E. Only two of the above are true
It's C; under section 35 of the Films Act, any film can be prohibited if the Minister of Communication Information deems it contrary to the public interest. Films made by a licensed broadcaster to report news are unlikely to be considered party political films—because they are listed as exceptions (so not A). Dramatic elements such as re-enactments (which may introduce fictional elements) can prevent a film from being classified as a permitted documentary and make it instead a prohibited party political film (so not B).
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29. Which is true under the Films Act?
A. A video recording that MediaCorp shows on a news broadcast to report on an election is likely to be considered a party political film
B. A film that a WKWSCI final-year project documentary group makes that portrays GE2020 with re-enactments of key events CANNOT be considered a party political film
C. The Minister of Communication & Information could deem one or both of the films above to be prohibited films if he finds them contrary to the public interest
D. All of the above are true
E. Only two of the above are true
It's C; under section 35 of the Films Act, any film can be prohibited if the Minister of Communication Information deems it contrary to the public interest. Films made by a licensed broadcaster to report news are unlikely to be considered party political films—because they are listed as exceptions (so not A). Dramatic elements such as re-enactments (which may introduce fictional elements) can prevent a film from being classified as a permitted documentary and make it instead a prohibited party political film (so not B).
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30. In 2021, Singapore authorities investigate a pornographic video, found on a university student’s computer, that shows a sex act. They also investigate allegations that one of the sex partners in the video is 15 years old. The authorities could:
A. find the video “objectionable” under the Undesirable Publications Act
B. declare the film prohibited
C. prosecute the student under obscenity law or possibly under the law against child abuse material
D. all of the above
E. only two of the above
It’s E. Not A because the Undesirable Publications Act only regulates publications and sound recordings. B is possible. C is possible; the film could be deemed obscene, and as of 2020, Singapore law also has specific provisions outlawing child pornography (child abuse images).
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30. In 2021, Singapore authorities investigate a pornographic video, found on a university student’s computer, that shows a sex act. They also investigate allegations that one of the sex partners in the video is 15 years old. The authorities could:
A. find the video “objectionable” under the Undesirable Publications Act
B. declare the film prohibited
C. prosecute the student under obscenity law or possibly under the law against child abuse material
D. all of the above
E. only two of the above
It’s E. Not A because the Undesirable Publications Act only regulates publications and sound recordings. B is possible. C is possible; the film could be deemed obscene, and as of 2020, Singapore law also has specific provisions outlawing child pornography (child abuse images).
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31. Using Singapore’s regulations for online content,
A. authorities automatically send permits to all bloggers who blog on certain topics
B. all bloggers must apply for and be granted permits before starting blogs that mention religion
C. all bloggers must pay a deposit before starting blogs that mention religion
D. some bloggers may be asked to register with the authorities
E. only two of the above
It's D. There’s no sending of licences or permits under the class licensing scheme (not A); class licensing, as opposed to individual licensing, is automatic. There’s no requirement of permits before starting the blog (not B), nor deposits for all bloggers on certain topics (not C). But bloggers may indeed be asked to register, so D. There’s no sending of licences or permits under the class licensing scheme (not A); class licensing, as opposed to individual licensing, is automatic. There’s no requirement of permits before starting the blog (not B), nor deposits for all bloggers on certain topics (not C). But bloggers may indeed be asked to register, so D.
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32. “Love, Simon”, a film rated R21 in Singapore, could be shown in Singapore on:
A. Netflix, if viewers must enter a PIN to view it
B. MediaCorp’s free-to-air Channel 5 at midnight
C. subscription (cable) TV at midnight
D. all of the above
E. only two of the above
It’s A, not B nor C; for TV, R21 films can only be shown on video-on-demand services like Netflix that have passwords to help enforce age restrictions.
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33. Which is true of US free-to-air TV broadcast stations?
A. The US government licenses them
B. Restrictions on what can be shown on them don’t vary based on the time of the day
C. They can’t be fined by the government because of First Amendment protections
D. All of the above
E. Only two of the above
It’s A. Not B; there is a “safe harbour” from 10am-6am when restrictions are relaxed to allow indecency. Not C; the penalty for broadcasting indecent content is a fine.
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33. Which is true of US free-to-air TV broadcast stations?
A. The US government licenses them
B. Restrictions on what can be shown on them don’t vary based on the time of the day
C. They can’t be fined by the government because of First Amendment protections
D. All of the above
E. Only two of the above
It’s A. Not B; there is a “safe harbour” from 10am-6am when restrictions are relaxed to allow indecency. Not C; the penalty for broadcasting indecent content is a fine.
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34. A group of students from Singapore universities operates a website on which students regularly post their reviews of films. The group:
A. must apply for a class licence
B. will be deemed to have a class licence
C. won’t be deemed to have a class licence unless the reviews touch on political or religious themes
D. only two of the above
E. none of the above
It’s B; when a group provides an online programme (content), it’s deemed to have a class licence that can be revoked, regardless of the type of content (not C). What’s more, the class licensing scheme says any web publisher has a class licence, so the group appears to be included. Not A; the group automatically has the class licence.
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35. In Singapore, a film can be:
A. found obscene if, according to the relevant statute, it is “patently offensive” by “contemporary community standards for the medium”
B. prohibited under the Films Act, in which case possession is an offence
C. found objectionable under the UPA, in which case possession is allowed but not distribution
D. all of the above
E. only two of the above
It’s B. Not A; in Singapore films can be found obscene but the test quoted here is part of the US test for obscenity. Not C; the Undesirable Publications Act doesn’t apply to films.
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36. Which is true regarding pornography featuring adult performers?
A. Survey research presented in the course materials demonstrates that free expression, including circulation of pornography, leads to the erosion of community morality
B. Singapore statutes use the term “pornography”, specifically define it, and prescribe the legal consequences for distributing it
C. IMDA has publicly announced that it routinely monitors individuals who attempt to access online pornography and restricts their access to it
D. At least two of the above
E. None of the above
E. Not A; such sweeping findings are difficult to demonstrate empirically, and in any case, if there’s relevant research, it wasn’t discussed in the course materials. Not B; “pornography” is not a statutory term in Singapore. Not C; on the contrary, IMDA has publicly announced that it does not monitor or restrict individual access to online content.
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38. As was covered in the video lectures, which is true?
A. In Singapore, it’s a crime to gain access to child abuse material if one knows or has reason to know it is child abuse material
B. In the United States, it’s a crime to possess any material depicting children sexually in any medium
C. In the United States, photos of topless adult females are among the US Supreme Court’s “few plain examples” of what a state can deem obscene and are therefore illegal to distribute
D. All of the above
E. Only two of the above
It’s A. Not B. It’s illegal to possess child pornography that consists of photographs or video of real children. But textual child pornography stories or virtual child pornography are not covered by that law; such material may be obscene, but possession of obscenity is legal. Not C; bare breasts are not among the examples of hardcore pornography that qualifies as obscene—and that’s why one sees such content in mainstream movies.
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42. Currently under Singapore law, Channel NewsAsia, one of Singapore’s top sources of both broadcast and online news, meets criteria that require it to have:
A. a broadcast licence
B. a “group 3” licence
C. both of the above
D. only two of the above
It’s C. A is okay. B is okay; CNA’s online service qualifies for the “group 3” individual licence.
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43. A political rally turns violent in SG. Which could be banned under the provisions governing “party political films”?
A. A Channel NewsAsia news report, aired in a morning newscast, that shows video of the rally
B. A Channel NewsAsia documentary that accurately portrays the rally, in part by using re-enactments of how the rally turned violent
C. An ad for the People’s Action Party showing a video of the rally and condemning the violence
D. All of the above
E. Only two of the above
It’s E. Not A; a film for reporting news is exempt. B is okay; documentaries are exempt, but not if they contain dramatic elements like re-enactments. C is okay; political ads are banned.
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44. Mandy starts a website on which she makes daily updates about her thoughts on an upcoming SG election. In her first three months of operation, she has about 3000 visitors per month. It is NOT true that Mandy:
A. will be deemed to have a class licence that can be revoked
B. may be asked to register
C. will be asked to post a bond as a condition for an individual licence
D. must abide by the Internet Code of Practice
C is NOT true, so it’s the correct answer; posting a bond is a requirement only for the individual licence, our group 3. A is true; Mandy will be deemed to have a class licence, our group 1, as a web publisher. What’s more, she falls into one of the listed categories for which the class licence is required: She “provides any programme for political…purposes” online. B is true; she may be asked to register; she’s involved in “discussion of political…issues…relating to SG”. D is true; Mandy is subject to this requirement, which applies to groups 1 and 2.
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45. An NTU student on exchange in the US downloads to her laptop a copy of a pornographic video showing an adult couple engaged in sexual intercourse. (In the US, the relevant laws apply to both citizens and non-citizens.) Which is true of the film?
A. Possession of the video is legal in the US
B. When she returns to SG, possession of the video may be illegal in SG
C. Sending a copy of the video to another person may be illegal in the US
D. All of the above
E. Only two of the above
It’s D. A is okay; US does not prohibit pornography possession. B is okay; it may be obscene, which case possession is illegal. C is okay; if it’s obscene, distributing can be prohibited in the US, though the law is rarely prosecuted.
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46. Much content produced for US free-to-air (FTA) TV (e.g., “Wheel of Fortune”) and for US cable channels (e.g., HBO TV shows) is distributed in Singapore. Which is true?
A. US FTA broadcasters must abide by broadcast indecency law, which makes airing some content legally punishable in the US
B. SG FTA broadcasters must follow a programme code (aka a code of practice) which governs content that airs in Singapore whether it was produced locally or elsewhere
C. US cable TV companies must abide by the same broadcast indecency laws that govern US FTA television broadcasting
D. All of the above
E. Only two of the above
t’s E. A is true and has an impact on what gets produced and ultimately aired in SG. B is true and has an impact on what airs in SG. Not C; cable is not controlled by broadcast indecency law but is largely controlled through industry self-regulation (i.e., industry players agree on a set of practices). Note that there are however some US laws (e.g., obscenity, child pornography) that apply to both free-to-air broadcasting and cable.
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47. Which is true?
A. Licensing of newspapers is routinely required in SG, England, and the US today
B. In SG, some online political sites are asked to register and declare their funding
C. Both of the above
D. None of the above
It’s B; political sites in group 2 must declare funding. Not A; England discontinued licensing centuries ago, and the US never had it.
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48. Which is true in SG?
A. Some content cannot legally be shown on Netflix, even if it’s protected by a PIN
B. Some content that receives certain ratings cannot be shown on free-to-air TV
C. Some major motion pictures that are shown publicly in cinemas do not receive an IMDA rating
D. All of the options for this question are correct
E. Only two of the options for this question are correct
It’s E. A is okay; content that is not allowed for all ratings cannot be shown on a video on demand service like Netflix. B is okay; content with any rating above PG13 cannot be shown on FTA TV. Not C; films must be rated to be shown in cinemas.
