Rights, Privacy and Due Process

Question 1

1. Which is a typical agreement for publishing a novel?
   A. Novelist grants publisher a one-year option to explore publishing the novel in exchange for a payment
   B. Novelist assigns all rights in novel to publisher
   C. Novelist licenses rights to publish the novel to the publisher for a duration of time
   D. All of the above
   E. Only two of the above

Answer 1

It’s C; that’s the industry standard, not an assignment (not B). Not A; that’s similar to an option agreement that is typical for making a film based on a book.

Question 2

2. MediaCorp (Singapore) operates a radio station, 98.7 FM, that broadcasts over the airwaves and plays many songs—from the US, UK, and other regions—which have copyright protection. Which is true?
   A. To play the songs’ tunes and lyrics, MediaCorp separately clears rights with each artist who performs a song
   B. MediaCorp clears rights to play the songs’ tunes and lyrics of local songwriters (or their publishers) through COMPASS
   C. MediaCorp clears rights to the songs’ tunes and lyrics of US songwriters (or their publishers) through COMPASS, since COMPASS has agreements with US performing rights organisations
   D. All of the above
   E. Only two of the above

Answer 2

It’s E, because B and C are ok. COMPASS manages rights to play music publicly, via broadcast or in person, for local and foreign rights holders. Not A; performing rights organisations were set up to avoid burdening those clearing rights with dealing with individual rights holders; in any case, radio stations clear the rights from songwriters (and their publishers), who may or may not be the performers.

Question 3

3. Which is true?
   A. An author of a novel on which a film is based may need to warrant to a film producer that the novel doesn’t infringe any copyrights
   B. The typical way for a producer to make a film based on a novel is through an option agreement that gives the novelist a period of time to explore alternative offers from other film producers
   C. E&O insurance can help a film producer pay damages if the producer loses a lawsuit
   D. All of the above
   E. Only two of the above

Answer 3

It’s E. A is accurate. C accurately describes E&O insurance. Not B; the standard option agreement is exclusive; the novelist promises not to explore deals with other producers for her work during the option period.

Question 4

4. Which is the best description of what YouTube must do to follow the “Safe Harbor” provisions?
   A. If YouTube notifies you that you have posted copyright-infringing material and asks you to take the material down, then YouTube has complied
   B. If a record label notifies YouTube that you have posted copyright‐infringing material and YouTube takes the material down, then YouTube has complied
   C. If YouTube notifies you that you have posted copyright‐infringing material and suspends your account, then it has done the minimum required to comply
   D. If YouTube sends a stern warning to those who posted infringing material, it has fulfilled its obligations

Answer 4

It’s B; when notified, YouTube must take potentially infringing material down, not just warn you (not D) nor just ask you to take it down and hope you comply (not A). YouTube need not act so strongly as (C).

Question 5

5. Which are generally regarded as standard business practices in publishing for a best-selling author of a novel?
   A. When signing a deal with a major publisher, the author assigns all rights to the publisher for the remainder of the copyright term
   B. In exchange for the right to publish the work, the author negotiates to get a flat one-time fee instead of royalties based on sales
   C. The owner of the copyright registers the copyright to make a public record of who owns it
   D. All of the above
   E. Only two of the above

Answer 5

It’s C; this helps with documenting copyright (and is a precondition for some types of legal action in the US). Not A; though an author could do A, it’s not standard practice; an author would typically not assign all rights but retain some, such as movie licence rights, and the rights granted to the publisher–to reproduce and distribute the text–would be licensed rather than assigned. Not B; royalties based on sales are standard practice.

Question 6

6. If a bag with the logo of VeganBurg, the Singapore restaurant chain, appears on camera in a drama series on MediaCorp (Singapore) Channel 5,
   A. VeganBurg is likely to prevail if it sues for trademark infringement
   B. Technically, VeganBurg might be able to sue for copyright infringement
   C. MediaCorp can definitely prevail in a fair use defence
   D. All of the above
   E. Only two of the above

Answer 6

It’s B. There’s copyright in the logo containing the illustration of a burger, which could be infringed by reproducing it without permission (though it could also be a de minimis or incidental use). Not A; although trademark clearance is traditional in big budget productions, infringement is not possible because the film is not using the logo on similar goods or services. Not C: fair use is never definite; it seems shaky here.

Question 7

7. If a character in your video drama wears this dress,
   A. you need to clear copyright in the dress design
   B. you need to clear design rights for the dress design
   C. you are likely to be infringing trademark
   D. at least two of the above
   E. none of the above

Answer 7

It’s E. Not A; utilitarian items like clothing have no copyright unless there’s a conceptually separable design like an illustration. Not B; an item of clothing like this will not have a design patent, but even if it did, you could not infringe the design rights by merely showing the dress in a film; you’d have to sell clothes with the design. Not C; there’s no trademark or trade dress visible here, and even if there were, you could not infringe it by merely showing it in a film; you’d have to sell clothes with the design.

Question 8

8. Your friend Ophelia chose to enrol in another local communication programme, while you came to WKWSCI. Ophelia made a video about her regrets about important life decisions. Since Ophelia’s programme doesn’t require media law of all students, she is confused about whether she can legally upload her video to YouTube, since it includes a 1-minute audio clip of a recording of a song playing in the background while Ophelia talks about her mistakes. The audio clip is of the recording artist Cher singing the song, “If I Could Turn Back Time”. In 1989, Diane Warren wrote the song and Cher recorded it for the Geffen label. You tell your friend, correctly, “Ophelia, you poor thing, as we all know at WKWSCI,…”:
   A. “…YouTube’s Content ID system may detect the song, if rights owners have uploaded it to the Content ID system”
   B. “…Geffen’s representatives may find your video, notify YouTube, and then, under US law, YouTube must take down the video if it’s infringing and not fair use”
   C. “…owners of rights in the audio clip may have an arrangement with YouTube in which they allow the song to be included in other videos in exchange for a share of the advertising revenue”
   D. All of the above
   E. Only two of the above

Answer 8

It’s D. A accurately describes Content ID. B accurately describes the safe harbour provisions. C describes YouTube’s partnerships with many music rights holders.

Question 9

9. There is no legal obligation for rights to be cleared for which of the following to appear in a film?
   A. A plain pink t-shirt
   B. An Apple laptop computer that is open, and shut off so that nothing is visible on the screen; no logo is visible
   C. A desk that has distinctive curves of its desktop and legs, but the curves are not conceptually separable from the useful features of the desk
   D. All of the above
   E. Only two of the above

Answer 9

It’s D. A is ok; there’s no IP protection. B is ok; there may be design patent in it, but it can’t be infringed by just showing it on camera. Not C; even if there’s a design patent, it cannot be infringed by just showing the desk on camera.

Question 10

10. During the live telecast of a state funeral, while capturing scenes along the funeral procession route from a camera mounted in a car, Channel NewsAsia captures images that include the Cheers sign on a convenience store. Which is true?
    A. To avoid trademark infringement, CNA needs the written permission of Cheers to broadcast these images
    B. Under Singapore law, it is not trademark infringement to use such images for the purpose of news reporting
    C. Under Singapore copyright law after the proposed amendments are passed, this is fair use as long as the images only appear during less than 10% of the full duration of the news telecast
    D. Only two of the above

Answer 10

It’s B. Singapore’s Trade Marks Act specifically says that inclusion of a trademark in news reporting is not infringement (so not A). Not C: The logo is unlikely to have copyright protection, so it’s not clear that there is copyright infringement, but even if there is infringement of a protected work, in the fair use analysis, amount is not calculated based on the amount of the telecast in which the logo appears; it would be calculated based on the amount of the logo that appears. What’s more, amount is just one prong of the fair use test.

Question 11

11. Esther makes a video of herself at home getting ready for a BTS concert. For the video’s audio, she adds BTS’s recording of the group’s song “Idol”. If Esther uploads her video to YouTube, which is NOT true?
    A. The Content ID system may flag Esther’s video as a match (assuming BTS’s affiliates uploaded their song recording into the system)
    B. Esther has cleared all necessary rights if she has cleared sync rights
    C. If BTS’s affiliates notify YouTube of infringing material in Esther’s video, according to a US case, YouTube is obliged to check her video for fair use
    D. Esther may need to clear master use rights
    E. The policy of the song’s rights holders (i.e., BTS & its affiliates) may be to allow such videos

Answer 11

It’s B (because the question is asking for the option that is not true): If she clears only sync rights for the composition and lyrics, she hasn’t cleared the second set of rights she needs, master use rights for the recording. The other choices are all correct, so they are not the answer.

Question 12

12. “Corona Virus” is a song, ©2020, written & recorded by rapper Lil Nix. If you upload to YouTube a video of yourself sitting in bed singing it while you play the tune on a keyboard,
    A. you must clear master rights
    B. you don’t need to clear synchronisation rights
    C. YouTube may take it down if it is notified of potential copyright infringement
    D. you don’t need to clear any rights because of the “compulsory licence” for covers, which allows you to use this song in your video
    E. all of the above

Answer 12

It’s C, not B; you need to clear sync rights, and because you haven’t, Lil Nix may give notice to YouTube, which may take it down. Not D; the compulsory licence for covers wouldn’t help you here; you need rights to sync the song with images, not just rights to do an audio-only recording of the song. Not A; you are not playing the recording in your video, so there’s no need to clear master rights.

Question 13

13. In Singapore, Esther operates a Korean dessert café where she plays BTS songs in the dining area on YouTube, using her laptop and speakers. Esther must:
    A. get a synchronisation licence from COMPASS to play the recordings
    B. get a licence from MRSS to play the recordings
    C. both of the above
    D. none of the above—play on, Esther!

Answer 13

It’s B. Not A; because she is playing the music in a place open to the public, she must clear rights from COMPASS, but these are not called sync rights; sync rights only apply to synching music with images in a video.

Question 14

14. Esther makes and posts to YouTube a video of herself baking a dessert while the audio of BTS’s recorded songs plays in the background to entertain viewers. Which is true?
    A. Esther may need to clear master use rights
    B. If BTS’s affiliates notify YouTube of infringing material in Esther’s video, after investigating, YouTube may take it down
    C. Because such a use is transformative, Esther’s use is fair use in Singapore
    D. All of the above
    E. Only two of the above

Answer 14

It’s E. A is okay; she may need to clear rights in the music recordings that she played. B is okay; this is how the notice & takedown procedures work which allow YouTube to escape liability for users’ infringement. Not C; playing the music for entertainment is not transformative; this use is certainly not definitely fair, as the wording suggests—it’s probably not fair, though fair use is always ultimately for the judge to decide.

Question 15

15. On YouTube, you post a video that you recorded with your phone at a Halsey concert in Singapore in which she sang her hit song “Graveyard”. Halsey’s representative, acting on her behalf as songwriter, lets YouTube know that you’ve posted the video of the song to which Halsey owns the rights. Which is true?
    A. If YouTube notifies you that you must take down the video, it will avoid liability for infringement even if you don’t comply
    B. If Halsey’s representatives notify you that you must take down the video, YouTube will avoid liability for infringement even if you don’t comply
    C. If YouTube removes the video, it can avoid liability for infringement
    D. All of the above
    E. Only two of the above

Answer 15

It’s C; if YouTube knows about the infringing material, it’s liable for secondary infringement. Halsey notified YouTube; YouTube will be liable unless it takes the video down. YouTube has the obligation to take it down, not just to ask you to remove it (not A). Not B; the rights owner need not interact with you.

Question 16

16. An actress in the new Avatar 2 movie, released in 2022, wears this t-shirt (Nike shirt) in one scene. Which is true?
    A. Elements of this item appear likely to be the kind for which trademark clearance is legally required
    B. At least one element of this item may require copyright clearance for the producer to avoid potential problems
    C. A & B
    D. None of the above

Answer 16

It’s B. The conceptually separable illustration of a landscape with a sunset is likely to have copyright protection (unless it’s in the public domain) that could be infringed. Trademark clearance is not legally required (not A).

Question 17

17. Musical artist Gloria Estefan wrote the tune and lyrics for the song “Gracias”; she owns the relevant rights jointly with her music publisher, but she didn’t record the song. The Island label lawfully recorded the song with Shawn Mendes & Camila Cabello as lead singers. Cover artist Sam Tsui recorded an audio-only cover of the song—not with a label—and he sells copies of the recording. Tsui:
    A. needed Estefan and her publisher’s consent prior to record the song, which Estefan and her publisher could have refused
    B. must pay royalties based on sales of the song to Mendes & Cabello
    C. needed Island’s permission to record the song
    D. at least two of the above
    E. none of the above

Answer 17

It’s E. An artist doesn’t need permission to record a cover from the songwriter (not A) nor from a label that recorded someone else’s performance of the song (not C). Not B; Tsui must pay royalties to Estefan and her publisher, not the past performers.

Question 18

18. Situation continued from the last question: Tsui also uploads to YouTube a video of himself singing “Gracias”. Assume that owners of the tune and lyrics of “Gracias” do not have a deal with YouTube to allow others to cover this song. Tsui would need to:
    A. obtain sync rights
    B. obtain master use rights
    C. get a compulsory licence from Island
    D. all of the above
    E. only two of the above

Answer 18

It’s A; to synchronise music with video, Tsui needs sync rights. Not B; Tsui isn’t using the recording of Mendes & Cabello’s performance, so he doesn’t need to clear master use rights. Not C; again, Tsui doesn’t need anything from Island, and the compulsory licence refers to the fact that the songwriters must allow audio-only covers.

Question 19

USE THIS SCENARIO FOR THE NEXT 2 QUESTIONS: In Twentieth Century Fox’s (TCF) film Alien: Covenant (2017), we hear an excerpt of an instrumental piece from the opera Das Rheingold (1869) by composer Richard Wagner (1813–1883), performed by Bournemouth Symphony Orchestra and recorded on the label Naxos in 2007.

19. TCF must have cleared sync rights from:
    A. Wagner’s estate
    B. Bournemouth Symphony Orchestra
    C. Naxos
    D. at least two of the above
    E. None of the above

Answer 19

It’s E. Sync rights are specifically for the musical composition, in which any copyright has long ago expired. Master use rights, not sync rights, are from the Naxos label. The performers, the orchestra, have no rights to give.

Question 20

USE THIS SCENARIO FOR THE NEXT 2 QUESTIONS: In Twentieth Century Fox’s (TCF) film Alien: Covenant (2017), we hear an excerpt of an instrumental piece from the opera Das Rheingold (1869) by composer Richard Wagner (1813–1883), performed by Bournemouth Symphony Orchestra and recorded on the label Naxos in 2007.

20. TCF must have cleared master use rights from:
    A. Wagner’s estate
    B. Bournemouth Symphony Orchestra
    C. Naxos
    D. at least two of the above
    E. None of the above

Answer 20

It’s C. Master use rights are for the recording, and the record label Naxos owns them. Not A; no need for sync rights, since any copyright in the composition expired long ago. Not B; the orchestra that performed it has no rights to give.

Question 21

USE THIS SCENARIO FOR THE NEXT 3 QUESTIONS: The Sam Willows is a local Singapore band of four members. Narelle Kheng (CS ‘16) is a member. Authorship of the music and lyrics of their single “Rest of Your Life” (2015) is jointly held by the four members of the group. They recorded their song with their record label, Sony. The band The Chainsmokers and their label Columbia Records notify The Sam Willows and their affiliates in writing of their plans to record a cover version of “Rest of Your Life”. The cover will be similar in style to the original, with the exact words and same melody, and Columbia will make it available for sale and deliver any and all required fees to the Sam Willows and its affiliates. In 2016, The Chainsmokers record the song with Columbia Records. The producers of the upcoming movie version of Victoria Aveyard’s novel The Red Queen then acquire all necessary rights to use The Chainsmokers’ recording of “Rest of Your Life” in the film.

21. Fees for synchronization rights for including “Rest of Your Life” in The Red Queen go to:
    A. The Sam Willows
    B. Sony
    C. Columbia Records
    D. The Chainsmokers
    E. None of the above

Answer 21

It’s A; sync writes are for the tune and lyrics, so payment goes to their owners, The Sam Willows. Not B; the label only owns The Sam Willows’ recording. Not C; this label only owns the Chainsmokers’ recording. Not D; the Chainsmokers don’t own anything, though the label probably paid them well.

Question 22

USE THIS SCENARIO FOR THE NEXT 3 QUESTIONS: The Sam Willows is a local Singapore band of four members. Narelle Kheng (CS ‘16) is a member. Authorship of the music and lyrics of their single “Rest of Your Life” (2015) is jointly held by the four members of the group. They recorded their song with their record label, Sony. The band The Chainsmokers and their label Columbia Records notify The Sam Willows and their affiliates in writing of their plans to record a cover version of “Rest of Your Life”. The cover will be similar in style to the original, with the exact words and same melody, and Columbia will make it available for sale and deliver any and all required fees to the Sam Willows and its affiliates. In 2016, The Chainsmokers record the song with Columbia Records. The producers of the upcoming movie version of Victoria Aveyard’s novel The Red Queen then acquire all necessary rights to use The Chainsmokers’ recording of “Rest of Your Life” in the film.
22. Fees for master use rights for including “Rest of Your Life” in The Red Queen go to:
A. The Sam Willows
B. Sony
C. Columbia Records
D. The Chainsmokers
E. None of the above

Answer 22

It’s C; master rights are for the recording that was used, and the Columbia label owns the Chainsmokers’ recording. Not A; The Sam Willows only owns rights for the tune and lyrics. Not B; the label Sony only owns The Sam Willows’ recording, not the Chainsmokers’ recording. Not D; the Chainsmokers don’t own anything.

Question 23

USE THIS SCENARIO FOR THE NEXT 3 QUESTIONS: The Sam Willows is a local Singapore band of four members. Narelle Kheng (CS ‘16) is a member. Authorship of the music and lyrics of their single “Rest of Your Life” (2015) is jointly held by the four members of the group. They recorded their song with their record label, Sony. The band The Chainsmokers and their label Columbia Records notify The Sam Willows and their affiliates in writing of their plans to record a cover version of “Rest of Your Life”. The cover will be similar in style to the original, with the exact words and same melody, and Columbia will make it available for sale and deliver any and all required fees to the Sam Willows and its affiliates. In 2016, The Chainsmokers record the song with Columbia Records. The producers of the upcoming movie version of Victoria Aveyard’s novel The Red Queen then acquire all necessary rights to use The Chainsmokers’ recording of “Rest of Your Life” in the film.
23. When The Sam Willows and their affiliates receive The Chainsmokers’ and Columbia’s letter letting them know of their plans to record the song, The Sam Willows:
A. can forbid the recording of the cover
B. have a good case for copyright infringement if The Chainsmokers proceed with the recording
C. must grant the licence to cover the song but can legally demand whatever price they’d like, and The Chainsmokers and Columbia must pay the demanded price to cover it legally
D. only two of the above
E. none of the above

Answer 23

It’s E. Not A; the authors/composers can’t say forbid a cover. Not B; it’s not infringement to cover a work. Not C; regardless of the authors/composers’ preferences, Chainsmokers can cover the work if their label Columbia pays the standard royalties to The Sam Willows.

Question 24

30. Esther has a party at her SG flat, with 9 friends who are also “Army” members (i.e., BTS fans). She plays BTS songs non-stop at the party using YouTube on her laptop. The ten of them dance & sing—so fun! Technically, Esther must:
    A. clear rights with BTS for the composition & lyrics
    B. clear rights through COMPASS for the composition & lyrics
    C. get a synchronisation licence from COMPASS to play the recordings at her party
    D. at least two of the above
    E. none of the above—keep dancing, Esther!

Answer 24

It’s E, not A nor B. Because she is playing the music only for a small number of friends, there’s no need to clear rights. Not C; synchronisation rights are only for including music in a video.

Question 25

31. An actress in the new Avatar 2 movie, released in 2022, wears this dress (above) by the designer Givenchy in one scene. Which is true?
    A. Elements of this dress appear likely to be the kind for which trademark clearance is legally required
    B. At least one element of this dress appears likely to require copyright clearance for the producer to avoid potential problems
    C. Both of the above
    D. None of the above

Answer 25

It’s D. Trademark clearance is not legally required (not A). There’s no conceptually separable design with copyright that could be infringed (not B).

Question 26

32. When Michelle Obama wrote her autobiography, which was true if she had standard arrangements for rights to the book and a film based on it?
    A. She assigned all primary and subsidiary rights to the publisher
    B. She warranted to a film producer that making a film based on the book will not raise legal issues
    C. She optioned the book to a book publisher for 12-18 months, during which time the publisher decided whether to publish it
    D. All of the above
    E. Only two of the above

Answer 26

It’s B. Not A; she would typically license (not assign) primary rights to reproduce and distribute while retaining subsidiary rights. Not C; option agreements are with the film producer.

Question 27

33. If Nikki films a scene for her documentary in a bakery, she typically would:
    A. agree beforehand not to sue the bakery owner if her crew gets injured at the bakery while filming the movie
    B. get permission from her subject to use the filmed images of them only for a limited time
    C. get her subjects to agree they won’t sue her for breach of confidence over the film
    D. all of the above
    E. only two of the above

Answer 27

It’s E. She’d use signed documents for A and C, but she’d get permission to use filmed images of her subjects for an unlimited time (not B)—otherwise, when the limited permission ended, the subject could stop distribution of the film by refusing to renew permission to use the footage.

Question 28

34. For your 2-hour romance film, you make a 3-minute audio-visual recording of an actress you hired, Elizabeth, singing “I Will Always Love You”, the song Dolly Parton wrote in 1973 and recorded on the RCA label. Whitney Houston also recorded the song on the Arista label in 1992. Elizabeth signs a talent release saying that she authorises that the 3-minute audio-visual recording of her can be used in your 2-hour romance film. To use the audio-visual recording in your romance film, you must also get permission from:
    A. Dolly Parton and/or her music publisher, if she is using one
    B. RCA
    C. representatives of the late Whitney Houston’s estate and Arista
    D. at least two of the above
    E. none of the above

Answer 28

It’s A; you need sync rights for the song and lyrics from Dolly; Elizabeth doesn’t own them, so she can’t give permission to use Dolly’s song. Not B nor C; the labels have nothing you need, nor does the estate of Whitney, who is among many who covered the song.

Question 29

35. On YouTube, you post a video (with audio) that you took with your phone at Olivia Rodrigo’s concert in Singapore; it’s of a few seconds of Olivia singing her hit song “Drivers License”. Olivia’s representatives, acting on her behalf as songwriter, find that you’ve posted video of the song to which Olivia owns the rights. Which is true?
    A. Olivia’s representatives must determine that your video is not fair use before they can request that YouTube remove the video
    B. If YouTube notifies you that you must take down your video, YouTube will avoid any possible liability for infringement even if you don’t comply
    C. If Olivia’s representatives notify you that you must take down your video, YouTube will avoid liability for infringement even if you don’t comply
    D. All of the above
    E. None of the above

Answer 29

It’s E. Not A; YouTube will be liable unless it takes the video down—unless the video is fair use—but it’s YouTube that is obligated to consider fair use. YouTube has an obligation to take it down if it’s not fair use, not just to ask you to remove it (not B). Not C; the rights owner need not interact with you.

Question 29

35. On YouTube, you post a video (with audio) that you took with your phone at Olivia Rodrigo’s concert in Singapore; it’s of a few seconds of Olivia singing her hit song “Drivers License”. Olivia’s representatives, acting on her behalf as songwriter, find that you’ve posted video of the song to which Olivia owns the rights. Which is true?
    A. Olivia’s representatives must determine that your video is not fair use before they can request that YouTube remove the video
    B. If YouTube notifies you that you must take down your video, YouTube will avoid any possible liability for infringement even if you don’t comply
    C. If Olivia’s representatives notify you that you must take down your video, YouTube will avoid liability for infringement even if you don’t comply
    D. All of the above
    E. None of the above

Answer 29

It’s E. Not A; YouTube will be liable unless it takes the video down—unless the video is fair use—but it’s YouTube that is obligated to consider fair use. YouTube has an obligation to take it down if it’s not fair use, not just to ask you to remove it (not B). Not C; the rights owner need not interact with you.

Question 30

36. A Singapore cat café lawfully plays audio recordings of current popular songs from all over the world. Which can we infer is true?
    A. The café pays COMPASS, which works with partners to pay the owners of the rights to the tunes and lyrics
    B. The café pays COMPASS for sync rights
    C. Both A & B
    D. The café owns legally purchased copies of recordings of the songs, so it has the right to play the songs in a place open to the public without taking any further steps to clear rights

Answer 30

It’s A; performing rights organisations like COMPASS handle such payments. Not B; sync rights refer to the rights to synchronise music with video, which isn’t happening here. Not D; even if the café owned copies of all songs it played, ownership doesn’t give the right to play the songs in public.

Question 31

37. Which is a description of the how the notice and takedown provisions of US law would apply for YouTube to avoid secondary liability in this case?
    A. Film A’s producer gives notice to Film B’s producer that that film B is infringing and film B’s producer takes it down
    B. Film A’s producer gives notice to YouTube that film B is infringing and YouTube takes it down
    C. Film A’s producer gives notice that film B is infringing and the government orders YouTube to take it down
    D. YouTube must notice whether there is infringing material and take it down using an automated system
    E. Only two of the above

Answer 31

It’s B. Not A nor C; the service (YouTube), not the allegedly infringing film’s producer nor the government, takes the film down. Not D; a service is not required to patrol for infringing material using an automated system.

Question 32

1. If a candidate for political office chooses to release her medical records to an online newspaper for publication and the newspaper then publishes them, which is the best description of the information that has now been published?
   A. It was conveyed to the public in circumstances importing an obligation of confidentiality
   B. It now lacks “the necessary quality of confidence”
   C. A breach of confidence has occurred
   D. There is still a duty of confidentiality regarding the information

Answer 32

It’s B. It now lacks the condition (or “quality”) that is necessary for a duty of confidentiality. It is no longer held in confidence. It’s not A—those circumstances that bring into existence the obligation of confidence include such things as marking the material confidential, and that’s not the case in a newspaper report. No breach occurred if the subject chose to release the records; there’s no unauthorised use, so not C. And there is no longer a duty of confidentiality when the information is in the public domain and lacks the necessary quality of confidence, so not D.

Question 33

2. Penelope’s boss tells her bad news in a conversation: Their company has millions of dollars of debt and little revenue. The company is privately held; its financial reports are not public. At her job interview with a competitor, Penelope discloses this bad news. For Penelope to have breached confidentiality under the common law:
   A. her disclosure must have caused actual financial harm to her company
   B. her boss must have specifically mentioned confidentiality during the conversation
   C. confidentiality must be specifically required in Penelope’s employment contract
   D. only two of the above
   E. none of the above

Answer 33

It’s E. Not A; potential harm of any kind is enough. Not B; whether the boss mentioned confidentiality is a consideration, but it is not required; another consideration is whether the parties are in a relationship that imports confidentiality, and an employment relationship is one that does. Not C; for the common law breach, whether there’s a contract is a separate matter.

Question 34

3. You send an email to your boss titled “strictly confidential”; attached is your company’s marketing proposal in a document titled “Secret plan”. You’ve disclosed the proposal only to your team of three colleagues. Which is most likely true?
   A. The document’s content has the necessary quality of confidence
   B. The notice of confidentiality helps create an obligation of confidence
   C. The relationship between you and the recipient is one that helps create an obligation of confidence
   D. All of the above
   E. Only two of the above

Answer 34

It’s D. A is okay; if it’s been disclosed to only three others, it’s inaccessible to the public and a marketing proposal would be worth protecting. B and C are okay; they both are circumstances that help to import an obligation of confidence.

Question 35

4. The definition of personal data under Singapore’s Personal Data Protection Act is:
   A. “Data, whether true or not, about an individual who can be identified, (A) from that data; or (B) from that data and other information to which the organization is likely to have access”.
   B. “Data which refers to intimate matters”
   C. “Data, including business concepts, which is valuable to an individual or organisation”
   D. “Data, which an individual possesses, that a reasonable person would consider private”
   E. Only two of the above

Answer 35

It’s A. And look carefully at the distractors; It’s easy to confuse the scope of ‘personal data’ under the PDPA with the other choices, but the scope is quite narrow: It’s info that identifies you, not other kinds of info that you might consider “private” (not D) or intimate (not B). Business concepts are protected by the law of confidence but not the PDPA (not C).

Question 36

5. Which is true of the PDPA?
   A. The purposes for which an organisation asks an individual to consent to disclosure of data to a third party must be reasonable
   B. Obtaining consent (to use, collect, or disclose data) through failure of the individual to opt out is never acceptable under the PDPA
   C. Both of the above
   D. None of the above

Answer 36

It’s A; the organisation cannot just require whatever it likes. Failure to opt out can be acceptable; it’s just less likely to be acceptable compared to opt in, so not B.

Question 37

6. Exceptions to the PDPA obligations to get consent to use data include cases when:
   A. The Straits Times’ reporters gather news for dissemination to the public
   B. An ordinary person gathers news for dissemination to the public on her blog
   C. Jurong Point’s surveillance cameras capture images
   D. All of the above
   E. Only two of the above

Answer 37

It’s E. Only a news organisation like SPH can take advantage of the news exception, not an ordinary person, so not B, but A is ok. C is an example used in the PDPA Advisory Guidelines of a situation where no consent is needed but it’s best practice to put up notices, so it’s okay.

Question 38

7. Under the PDPA, which is true?
   A. Consent must always be “clear and unambiguous”
   B. Consent that is obtained through failure to opt out may be adequate in some cases
   C. Consent must be sought to reproduce any and all photos posted on a person’s personal Facebook page
   D. All of the above
   E. Only two of the above

Answer 38

It’s B; the PDPA guidelines say it’s possible, though consent by opt in is preferred. Not A; “deemed consent” is adequate in some circumstances, and that does not meet the standard of being “clear and unambiguous”. Not C; the public photos, including the profile photo, can be reproduced without violating the PDPA; copyright is another issue the PDPA does not cover.

Question 39

8. The PDPA is an example of:
   A. Singapore law
   B. an ethics code without legal enforcement
   C. an agreement by the data industry to regulate their own conduct using a code of ethics
   D. B and C
   E. none of the above

Answer 39

It is A, law, complete with fines. It’s not just an ethics code nor industry self‐regulation.

Question 40

9. Driven to the brink of madness by the relentless barrage of media law multiple-choice questions, you take a holiday in Sentosa. Lying on the beach, you see debris floating in the water that you believe is wreckage from a plane crash. You carefully take a photo that shows only the debris in the water. You post the photo to Instagram, making it publicly available. Channel NewsAsia (CNA) wants to air the photo. Which is true?
   A. Under the PDPA, CNA can broadcast the photo because it is newsworthy, so there is no need for consent
   B. Under the PDPA, CNA can broadcast the photo because it is publicly available, so there is no need for consent
   C. The photo is not personal data that is within the scope of what is controlled by the PDPA
   D. Only two of the above
   E. None of the above

Answer 40

It’s C. The photo does not show a person and so does not have personally identifying info, so it is outside of the scope of the PDPA, so C is correct and A and B are not relevant.

Question 41

10. On YouTube, you set your privacy settings to the least restrictive settings and you post a video showing yourself smiling and grooming your cat with an electric toothbrush, an activity some cats enjoy. Because of your cat’s ecstatic reaction, the video goes viral, and is an international sensation. Which is true?
    A. Images of you from the video can likely be used in a news report on Yahoo! News without violating the PDPA
    B. Images of you from the video can likely be used in a news report on MediaCorp Channel 5 without violating the PDPA
    C. Your consent is required for others to circulate images of you from the video without violating the PDPA
    D. All of the above
    E. Only two of the above

Answer 41

It’s E. The video is publicly available, so the news exception is not relevant; anyone can use it, so A and B are okay and no consent is needed (not C).

Question 42

11. Which is true of consent?
    A. In the law of confidence, if you consent to allow confidential information about you to be disclosed in a newspaper, that is a potential defence for the person who passes it on to others
    B. If you are deemed to have consented to allow personal data to be used under the PDPA, the user of the data can use your consent in its defence
    C. Both of the above
    D. None of the above

Answer 42

It’s C. Consent is valid as a defence in these instances.

Question 43

12. A Google Docs spreadsheet with the salaries and performance bonuses of all NUS employees was accidentally made public by an NUS staff member and widely circulated among Singaporeans in late September. Thousands of people then viewed the file, and compensation of various individuals has been discussed online by hundreds of people over the last month. Now in November, if you repeat on your blog some information from the spreadsheet about individual salaries, which is true under the common law of confidentiality?
    A. Under these circumstances, you will be held liable for breach of confidence since you knew or should have known it was confidential, and you have no relevant defences
    B. If sued for breach, you may be able to successfully assert the defence that the information was already in the public domain at the time that you disclosed it further
    C. In all cases, only the person who initially makes information publicly available can be held liable for breach of confidentiality
    D. Only two of the above
    E. None of the above

Answer 43

It’s B. Not A; as a third party (i.e., you’re not person the info is about and not the person who initially disclosed the info), you may face liability for passing the information on if you knew or should have known it was confidential…but you may have a defence….because B is okay; you may indeed have a valid defence that the information was already in the public domain. Not C; a third party could face liability, along with the person who disclosed it initially (see A).

Question 44

13. At an invitation-only reception for prospective students admitted to WKWSCI and for their parents, you graciously agree to speak about your excellent experience at Asia’s #1 communication school. WKWSCI has hired a photographer to take photos for the school website; she snaps photos of you talking to a prospective student. Which is true?
    A. If WKWSCI has posted signs in prominent places at the reception indicating that photographs will be taken for the school’s website, this may be adequate for satisfying the notice and consent requirements of the PDPA
    B. The photographer must get clear, unambiguous, recorded consent from the prospective student to satisfy the notice and consent requirements of the PDPA
    C. Notice and consent are not required for taking photos of the prospective student at such events
    D. None of the above

Answer 44

It’s A; the guidelines say obvious signs are adequate. Not B; this is more than is sufficient, and is not necessary. Not C; it’s an invitation-only event, not one that’s open to the public, so notice and consent are required for photos

Question 45

14. At a party, Circe suggests to an acquaintance, Poseidon, that they open a food stall featuring a particular dish: oysters with ice cream. A year later, Circe is shocked to learn that Poseidon has opened a food stall featuring just that dish. Which describes a factor to consider in determining if Poseidon breached confidentiality?
    A. Whether Circe said things to Poseidon to notify him that her suggestion is confidential
    B. Whether Circe’s suggestion was developed enough to be actualised
    C. Whether Circe put the suggestion in writing, as is required for confidentiality
    D. All of the above
    E. Only two of the above

Answer 45

It’s E. Whether Circe recontextualised the social occasion to a business setting and notified him that her idea is confidential is relevant (A is okay). So is whether the idea is sufficiently developed (B is okay). Not C; writing it or recording it is not required for confidentiality.

Question 46

15. At a party, Circe suggests to an acquaintance, Poseidon, that they open a food stall featuring a particular dish: oysters with ice cream. A year later, Circe is shocked to learn that Poseidon has opened a food stall featuring just that dish. Which describes a factor to consider in determining if Poseidon breached confidentiality?
    A. Whether Circe said things to Poseidon to notify him that her suggestion is confidential
    B. Whether Circe’s suggestion was developed enough to be actualised
    C. Whether Circe put the suggestion in writing, as is required for confidentiality
    D. All of the above
    E. Only two of the above

Answer 46

It’s E. Whether Circe recontextualised the social occasion to a business setting and notified him that her idea is confidential is relevant (A is ok). So is whether the idea is sufficiently developed (B is ok). Not C; writing it or recording it is not required for confidentiality.

Question 47

16. You tell your friend Jude something which, you inform her, is a secret: Next year, you are planning to open a shop that specialises in an item that, assume for this question, has not been marketed anywhere before: a sweet doughnut filled with natto. Natto is savoury, intensely flavourful fermented soybeans. Your market research has shown that some people love this item. Jude describes the idea to her friend Thu, who owns a bakery; Jude tells Thu it’s your secret. Thu begins selling a doughnut filled with natto at her bakery later this year. Which is likely true?
    A. Both Jude and Thu may be liable for breach of confidence
    B. Only Jude could be liable for breach of confidence
    C. Only Thu could be liable for breach of confidence
    D. Neither Jude nor Thu could be liable for breach of confidence because a requirement for the duty of confidence is definitely missing
    E. Neither Jude nor Thu could be liable for breach of confidence because a requirement for the breach of the duty of confidence is definitely missing

Answer 47

It’s A. It’s a strange business concept for a restaurant that is likely to have the necessary quality of confidence; the necessary quality is not “definitely” missing (not D). Both Jude and Thu were given notification from a friend that it’s confidential, so circumstances importing an obligation of confidence were also present (not C). Thu, the third party, knew it was confidential, so liability for her is possible (not B). Jude breached confidence by unauthorised disclosure of the info and Thu breached confidence through another kind of unauthorised use of the info, i.e., copying it and profiting from it (not E)—both to your potential detriment.

Question 48

17. Imagine this case: A newspaper reporter takes a photo of a homeless person on a city street. The newspaper publishes the photo to illustrate a story on the problem of homelessness. Which is true?
    A. If this case happened in Singapore in 2021, the newspaper The Straits Times could lawfully publish such a photo taken in Singapore
    B. If this case happened in London in 2021, The Times of London could face liability if publishing such a photo were found objectionable to the reasonable person
    C. If this case happened in London in 1975, The Times of London could have published such a photo (in 1975) without fear of liability for breach of confidentiality
    D. All of the above
    E. Only two of the above

Answer 48

It’s D. A is okay; the photo was taken in public–and for newsgathering by a licensed newspaper–so it’s doubly protected under the PDPA. B is okay; since Naomi Campbell’s case in the early 2000s, English law has been modified to include consideration of whether disclosure is objectionable to the reasonable person, which was not part of the law several decades ago (C is okay).

Question 49

An online-only cosmetics distributor in Singapore, Sapphira, requires that customers give permission for their email addresses to be disclosed to another company which sells clothing. If a customer doesn’t give such permission by clicking a box, the customer cannot place an order. Sapphira’s customers’ consent is most likely:
A. valid
B. “deemed consent”
C. not valid
D. only two of the above
E. not required for this purpose

Answer 49

It’s C, not A; it’s not valid consent because Sapphira requires that customers consent to disclosure to a third party that is beyond what is reasonable to provide the service of a cosmetics distributor. Not B; it’s not deemed consent (for which an individual must voluntarily provide data for a purpose, and it must be reasonable that she would) but instead actual consent by opt in for this illegitimate purpose. Not E; consent is required for data handling, including disclosure of data to third parties for marketing.

Question 50

19. At an invitation-only reception for donors to a charity, the charity staff members want to take photos of guests and post them on the charity’s Instagram account. Which is true?
    A. The charity staff members must get guests to sign written consent forms at the event or beforehand; this is the only way that the charity can post the photos without running afoul of the PDPA’s consent requirements
    B. If the invitation states that photos will be taken for posting on Instagram and guests don’t object to having their photos taken, these circumstances may suffice for the charity to post the photos without running afoul of the PDPA’s consent requirements
    C. The charity staff members must post an obvious sign at the event that photos will be taken for posting on Instagram; this is the only way that the charity can post the photos without running afoul of the PDPA’s consent requirements
    D. Consent is not required to post the photos

Answer 50

It’s B; consent may be deemed if guests allow photos to be taken after the invitation states that photos will be taken for the purpose. Not A; explicit consent like this is a way to be sure you have consent, but not the only way to get it—consent can also be deemed. Not C; this method may suffice, but is not the only way. Not D; since the event is not open to the public, consent is required.

Question 51

20. Phoebe receives a confidential email newsletter for beauty industry insiders. Phoebe met Joy the journalist for the first time and told Joy some information from the newsletter. Joy reported the news publicly. Under the common law, whether Joy breached confidence:
    A. will depend in part on whether Joy knew Phoebe’s info was confidential or should have known it
    B. may depend in part on whether Phoebe said to Joy that the info is confidential
    C. both of the above
    D. none of the above

Answer 51

It’s C. Joy is a third party—not the person who first breached confidence, but the person who passed it on. Joy is liable only if she knew or should have known the info is confidential (A is okay), which may depend on whether Phoebe told her (B is okay).

Question 52

1. A group tweets a threat to cause a blackout in Singapore. Three members of the group, suspected to be the tweet’s authors, are detained under the ISA for violating its provision against “acting in any manner prejudicial to the security of Singapore…or to the maintenance of public order or essential services therein”. Which is true under the ISA?
   A. The members can be held indefinitely with no further review of their detention
   B. The members can be held only until the investigation concludes
   C. At least some of the due process rights that apply in most criminal cases do not apply to the detained members
   D. Only two of the options for this question are correct
   E. None of the options for this question is correct

Answer 52

It’s C; the ISA is an exception to the usual due process requirements. Not A; there are annual reviews. Not B; there’s no such limit.

Question 53

2. Which is true?
   A. A US law is roughly equivalent to SG’s ISA except that a defendant can be held only for a year without being charged or tried
   B. According to the course materials, studies have shown that, as far as we know, the US has so far always abided by its due process guarantees
   C. SG’s ISA violates the human right to a fair trial under the UN UDHR, which imposes legally enforceable obligations on SG
   D. Only two of the options for this question are correct
   E. None of the options for this question is correct

Answer 53

It’s E. Not A; the US makes no official exceptions. Not B; the video narration mentions that the US not always abided. Not C; the UDHR does not impose enforceable obligations; it is a statement of ideals.

Question 54

3. Which is true in SG?
   A. In most criminal cases, the SG Constitution leaves it up to prosecutorial discretion whether any due process rights are granted
   B. For some provisions of the ISA, the usual due process rights guaranteed by the SG Constitution apply
   C. The ISA states that the courts can review whether the President and Minister’s decisions to detain a person serve the public interest in internal security
   D. Only two of the options for this question are correct
   E. None of the options for this question is correct

Answer 54

It’s B. Remember that in addition to the ISA detention orders, there are provisions regarding subversive publications that are ordinary criminal law provisions for which the usual due process rights apply (see the video “Singapore law on content of publications”). Not A; due process is not up to the prosecutor’s discretion, but constitutionally guaranteed. Not C; the ISA excludes judicial review for the substance of the decision.

Question 55

4. Which is true in SG?
   A. Besides detention orders, other restrictions on a person’s activities can be ordered under the ISA
   B. In recent years, the SG authorities have refrained from using the ISA detention orders pending the resolution of challenges to their constitutionality in the courts
   C. Though it’s not required under the Constitution, cases covered in course materials show that full constitutional due process rights are generally granted to ISA detainees
   D. Only two of the options for this question are correct
   E. None of the options for this question is correct

Answer 55

It’s A; as the ISA states, and as we see in the Chia Thye Poh case, where Chia’s association and travel were restricted even after his release from detention. Not B; there have been ISA detentions and there’s no hold on them for constitutional challenges. Not C; rights like a trial are not granted to detainees; there’s no ISA mechanism for this.

Question 56

5. Which is NOT true?
   A. Exceptions to the usual habeas corpus rights in Singapore’s Constitution are made for ISA detentions
   B. Exceptions to Singapore’s constitutional guarantee of the right to appear before a court—which is a right of those arrested under most other criminal laws—are made for ISA detentions
   C. The ISA has no mechanisms to allow for any review of persons detained under the ISA
   D. The ISA originates from before Singapore’s independence

Answer 56

It’s C. The ISA has mechanisms for review (review from the advisory board and the President), so C is not true, making it the correct answer. A and B are true. D is true, and relevant because the constitutional guarantees of habeas rights specifically exclude detention under laws originating before the constitution.

Question 57

6. Which is true in Singapore?
   A. Under the ISA, the substantive basis of the decision to issue a detention order cannot be reviewed by a court
   B. The Constitution grants a right to appear before a magistrate when detained in some kinds of cases
   C. One of the Fundamental Liberties is the habeas corpus right
   D. All of the above
   E. Only two of the above

Answer 57

It’s D. Article 9, one of the Fundamental Liberties in the Singapore Constitution, has all these provisions. A is ok; only procedural requirements (how the order was carried out, rather than why)—can be reviewed in court. The right to a hearing is constitutionally guaranteed—except for those under detained the ISA (and for drug offenders who need rehabilitation, but that’s beyond this course’s scope)—so B is ok. Habeas corpus rights (to appear before a judge and contest a detention) are guaranteed, so C is okay, though again it’s limited under the ISA.

Question 58

7. Under the ISA, F is detained for social media communication with people who have expressed an interest in committing terrorist acts against Singapore and American navy vessels. Which is true?
   A. F must appear before a judge within 48 hours of her detention
   B. F can be detained indefinitely without any sort of review at all of her case
   C. The Constitution requires that, under the ISA, F is entitled to judicial review of why she is detained
   D. At least two of the above
   E. None of the above

Answer 58

It’s E. Not A nor C; these rights are ordinarily applicable, with the exception of the ISA. Not B; under the ISA, there is an annual review and detention orders must be renewed every 2 years.

Question 59

8. Imagine that in a country with the same constitution and law as Singapore, a fascist party wins power and begins governing routinely; i.e., it is not using any emergency powers. Which is true?
   A. They could use the ISA to detain people without trial without violating the Constitution Article 9 (assume the ISA’s procedures are followed)
   B. They could detain people for breaking any law, without a court hearing, without violating Constitution Article 9
   C. They could banish citizens from Singapore without violating the Constitution
   D. They could institute slavery without violating the Constitution
   E. A & B

Answer 59

It’s A. Not B, since Article 9 requires a court hearing in most cases except those involving the ISA. Banishment and slavery are specifically prohibited in the Fundamental Liberties (not C nor D).

Question 60

9. A distinguishing feature of detentions under the Internal Security Act is:
   A. when a defendant is convicted in a court for violating the ISA, the judge can sentence the defendant to an indefinitely long term
   B. ISA allows detention without trial
   C. ISA specifically allows the “Section 6(A) detention,” which is “Detention of political opponents of the ruling party without trial”
   D. all of the above
   E. only two of the above

Answer 60

It’s B. There’s no conviction and sentencing to detention orders under the ISA; detention is without trial, so not A. C would be scary if it were true.

Question 60

9. A distinguishing feature of detentions under the Internal Security Act is:
   A. when a defendant is convicted in a court for violating the ISA, the judge can sentence the defendant to an indefinitely long term
   B. ISA allows detention without trial
   C. ISA specifically allows the “Section 6(A) detention,” which is “Detention of political opponents of the ruling party without trial”
   D. all of the above
   E. only two of the above

Answer 60

It’s B. There’s no conviction and sentencing to detention orders under the ISA; detention is without trial, so not A. C would be scary if it were true.

Question 61

10. The authorities suspect that a local woman is engaged in online activity to start an organisation in Singapore called “Resist NS”, which advocates that young men refuse serving national service. The evidence collected thus far is somewhat weak, consisting mostly of second-hand information from a source whose credibility is somewhat dubious. Which is true?
    A. The authorities could charge her under the provisions of the Internal Security Act regarding detention orders and prosecute her in a trial
    B. The same habeas corpus rights guaranteed by one of the Fundamental Liberties of the Singapore Constitution for most criminal matters are provided for in the Internal Security Act provisions on detention orders
    C. The police are likely to prosecute her under the obscenity laws, which are often used for published material that counsels disobedience to the law
    D. Only two of the above
    E. None of the above

Answer 61

It’s E. No trials, or even charges, are involved in ISA detention orders, so not A. The habeas rights in Fundamental Liberty 9 are not guaranteed for ISA detention orders, so not B. Obscenity is sexually explicit material, not advocacy of disobedience of the law, so not C.

Question 62

11. Which is true of the Internal Security Act in Singapore?
    A. Detention orders are made by judges, not by a government ministry
    B. It allows for detention for an unlimited time, but a trial must be granted eventually
    C. It allows exceptions to rights granted under Article 9 of the Constitution <
    D. All of the above
    E. Only two of the above

Answer 62

It’s C. The Minister of Home Affairs makes the order, so not A. No trial needs to be granted, so not B. It allows exceptions to habeas corpus rights in Article 9, so C is the answer.

Question 63

12. The right to a judge’s review of one’s detention, in a trial or other hearing:
    A. is viewed by some as a human right
    B. is not referred to in Singapore law
    C. is a subject considered in discussions of “due process”
    D. all of the above
    E. only two of the above

Answer 63

It’s E. The right to confront one’s accuser (in a trial) is considered a human right by many, so A is true. B is false; Article 9 guarantees the right to judicial review in most cases, though under the ISA there are no trials. Due process and rule of law include following appropriate legal procedures—including trials, in many jurisdictions—so C is true.

Question 64

13. Detention without a hearing before a court is possible in Singapore under the ISA because:
    A. the Singapore Constitution has a provision that makes an exception—for detention under the ISA—to the usual due process requirements
    B. the Singapore Constitution makes no mention of due process
    C. due process is only required under North American and European law
    D. all of the above
    E. only two of the above

Answer 64

It’s A. The Singapore Constitution not only mentions due process, including a court hearing, but requires it for most offences (not B nor C). One exception is for detention under the ISA (A is ok).

Question 64

13. Detention without a hearing before a court is possible in Singapore under the ISA because:
    A. the Singapore Constitution has a provision that makes an exception—for detention under the ISA—to the usual due process requirements
    B. the Singapore Constitution makes no mention of due process
    C. due process is only required under North American and European law
    D. all of the above
    E. only two of the above

Answer 64

It’s A. The Singapore Constitution not only mentions due process, including a court hearing, but requires it for most offences (not B nor C). One exception is for detention under the ISA (A is ok).

Question 65

14. Which is true?
    A. The Singapore Constitution puts no limits on what the elected Parliament can lawfully do
    B. The US Constitution has no right to a trial in criminal proceedings
    C. Human rights advocates believe due process rights are among the human rights
    D. All of the above
    E. Only two of the above

Answer 65

It’s C. Due process rights like the right to a trial are recognised as human rights. Not A; the Singapore Constitution puts limits on what the government can do, e.g., it puts limits on the laws that Parliament can pass that restrict rights, including the due process rights in Article 9. Not B; the US Constitution guarantees such rights.

Question 66

15. If Jo is detained for 3 years under the ISA,
    A. there would be no review at all of her detention from start to finish
    B. there would be an annual review with an advisory board
    C. the president must have been satisfied that her detention was necessary
    D. only two of the above
    E. none of the above

Answer 66

It’s D. Not A; there is some review. The review takes the form of the annual review (B is okay). The president must also sign off on the detention (C is okay).

Question 67

16. Joy, an optimist, has been detained under the ISA! Fortunately, it happens after media law, so she knows the law very well. As she settles into her cell, she reminds herself, accurately:
    A. “At least I’ll get to appear before a magistrate within 48 hours. That’s something to look forward to since I’ve never met a magistrate.”
    B. “At least I’ll get an annual review of my detention”
    C. “I’m guaranteed the right to talk to a lawyer in 72 hours—our family lawyer can help!”
    D. All of the above
    E. Only two of the above

Answer 67

It’s B; there’s an annual review with an advisory board. Not A nor C; rights to appear before a magistrate and to consult with counsel are constitutionally guaranteed when charged with a crime, but not for ISA detention. And one has the right to see counsel “as soon as may be”, not within 72 hours

Question 68

17. In Singapore, the Internal Security Act:
    A. clearly violates Article 9 of the Singapore Constitution
    B. does not violate Article 9, because Article 9 makes an exception to the usual due process guarantees for the ISA
    C. imposes the same due process requirements for persons detained under the ISA as for those arrested under most other Singapore laws
    D. A & C

Answer 68

It’s B. Although it appears that the usual due process guarantees of Article 9 are violated (like the right to appear before a judge), Constitution Article 9 makes an exception for national security laws in effect before the Constitution, and ISA is such a law (so B but not A). The ISA due process requirements are lower than those in Article 9 (so not C).

Question 69

18. You are detained under the ISA, and you object that you are not a threat to Singapore’s internal security. Which is true?
    A. A court will decide if the relevant minister and the president were fair and correct in determining that you were a threat
    B. Human rights advocates would argue that you have certain human rights to due process regardless of whether Singapore law grants you those rights
    C. No due process requirements are applicable to your case
    D. All of the above
    E. Only two of the above

Answer 69

It’s B; human rights advocates say we all have certain rights, including to due process, whether or not our government recognises them. Not A; a court can only review, on appeal, whether procedures were followed, not the substance of the decision that you were a threat. Not C; there are procedural requirements but not the usual ones under Article 9 of the Constitution.

Question 70

19. In Singapore,
    A. the Court of Appeal ruled that generally, the government’s exercise of discretionary power should NOT be subject to review in the courts
    B. under the ISA, even after one is released from detention, one’s activities can be restricted
    C. under the ISA, the authorities can choose to issue detention orders in a closed trial
    D. only two of the above
    E. none of the above

Answer 70

It’s B; for example, residence, travel and activities can be restricted, as we saw in Chia Thye Poh’s case. Not A; in a 2019 case, the Court of Appeal ruled that generally discretionary power should be reviewable in the courts. Not C; there are no trials for issuing detention orders.