Singapore Law on Content of Publication

Question 1

What does Singapore publication include?

Answer 1

• Books
• Magazine
• Picture (ie. drawing)
• Photo
• Sound recording
• NOT FILM

Question 2

What can Singapore publication (print & sound recording) be deemed as?

Answer 2

• Can be deemed:
• -> Prohibited
• -> Objectionable
• -> Obscene
• Generally regulated through administrative bodies (eg. IMDA), not courts
  –> Significance: different standards for due process
  (Eg. Administrative bodies enforce the law, there are rules governing legal process. Not a total absence of due process but the accused does not get all elaborate process of trial)

Question 3

When is publication prohibited under Singapore law?

Answer 3

PROHIBITED

• “Contrary to the public interest”
• Cannot possess, import, distribute
• Hundreds of titles – but many subsequently removed from list
• “If Minister is of opinion that importation, sale, or circulation of any publication or series of publications published or printed outside SG or within SG…would be contrary to the public interest, he may in his discretion, prohibit importation, sale or circulation of the publication or series of publications or all publications published or printed by that person.” – Undesirable Publications Act

Question 4

When is publication objectionable under Singapore law?

Answer 4

OBJECTIONABLE

• Wide criteria
• Can possess (for private use)
• -> Unless “possession for the purposes of…distribution”
• Cannot import, distribute
• Expert determination

Question 5

It is objectionable if the publication is a depiction of…

Answer 5

• Depictions of:
• -> Sex
• -> Horror
• -> Crime
• -> Cruelty
• -> Violence
• -> Drugs

Question 6

What are some considerations about whether the publication is objectionable?

Answer 6

• Considerations:
• -> Impact of medium
• -> Value (eg. literary) of publication
• -> Community standard
• -> Audience age

Question 7

What type of content is considered objectionable?

Answer 7

• Sex w/ violence
• Exploitative nudity
• Encourages law-breaking
• Depicts a group as inferior
• Deals with “matters of race or religion” in such a matter that [it] is likely to cause feelings of enmity, hatred, ill-will or hostility between different racial or religious groups”

Question 8

When do you use each provision (whether the publication is prohibited, objectionable or obscene)?

Answer 8

Usually cannot tell which provision will be used

Question 9

Under the ISA, they have provisions prohibiting what?

And these provisions are considered what?

Answer 9

• ISA has provisions prohibiting:
• -> Subversive publications
• -> “Certain entertainments & exhibitions”
• -> & more
• These provisions are ordinary criminal law

Question 10

What is the penalty for prohibiting ISA provisions on publication?

Answer 10

• Penalty: fine, jail – NOT a detention order

- -> Usually due process rights apply

Question 11

In contrast with the USA, how is content on publication different from Singapore?

Answer 11

• First Amendment prohibit such prior restraints