Uncategorized - Written on Thursday, June 5, 2008 10:45 - 45 Comments
Call for sedition charge against US blogger to be dropped
From Reporters Without Borders:
Reporters Without Borders today condemned a case brought by the authorities under the Sedition Act against blogger Gopalan Nair, a 58-year-old American lawyer, who criticised the Supreme Court’s handling of a defamation case.
Nair, who allegedly emailed a judge to criticise her handling of the high profile political case, has been held in custody since 31 May. His trial is set for tomorrow and he faces up to three years in prison and a fine equivalent to nearly 2,400 euros.
“We urge the authorities to drop charges against Gopalan Nair, who has only exercised his right of free expression. This charge is improper and will add to the intimidation of bloggers and Internet users who express themselves about Singapore’s political life”, the worldwide press freedom organisation said.
Nair is accused of sending an email to Judge Belinda Anq Saw Ean telling her that she had mishandled a defamation case pitting former Singapore prime minister Lee Kuan Yew and his son, the current prime minister Lee Hsien Loong, against the leader of the Singapore Democratic party (SDP) Chee Soon Juan and his sister, Siok Chin. These last two were today sentenced to 12 and 10 days respectively in prison for “contempt of court”.
“We express our solidarity with Chee Soon Juan and Siok Chin wrongly charged with defamation. We call for their immediate release. This sentence only confirms our opinion that Gopalan Nair was providing a news service on his blog by showing how this case was conducted,” the organisation added.
Nair denied having emailed the judge and said that all his publications on the trial hearings were posted on his blog. He had particularly criticised the final day of the trial, during which Lee Kuan Yew reportedly said that he wanted to sue all Internet users who were guilty of defaming him online.
In an article posted on his blog on 30 May, Nair said: “There is no doubt in the Singaporean sense, I have defamed him and his Prime Minister son, not only in my last blog post but in almost all my blog posts since my blog’s inception in December 2006”. He also gives the name of the hotel in which he is staying and the telephone numbers where he can be reached.
Nair was arrested in Singapore on 31 May for “insulting a public servant” under Article 13D of the Miscellaneous offences Act, because of his criticism of the judge. His lawyer learned today that Nair is being charged under the Sedition Act (http://statutes.agc.gov.sg/). His blog remains accessible in Singapore.
He worked in Singapore for ten years before leaving for the USA in the 1990s and is an active member of Singapore’s Workers’ Party (http://www.wp.org.sg/party/history/1991_2000.htm) and stood at parliamentary elections in 1998 and 1991. He took US citizenship in 2005.
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45 Comments
The Singapore Daily » Blog Archive » Daily SG: 5 Jun 2008
I wonder what is TOC’s view on this issue. It is also very interesting to notice the silence from the WP camp. Perhaps an ex-WP member and former Singaporean is no longer of interest to them?
Looks like bloggers have no more freedom to express their views in internet. We are no more an advance country, we are worse than Malaysia !!
I doubt that this case even merits the Sedition Act.
It is regrettable.
Political parties like NSP, SPP, and WP do not response to such type of matters. Only SDP takes issue with such things. They just have different leadership styles and thinking on how their respective parties should functions at current political environment. Given that, the ex-member / ex-citizen things are non-matter and one has to wonder why singling out a particular political party?
I would like to use the James Gomez minority form case in GE 2006 to share my view on this particular case. The PAP took issue with the incident and tried very hard to drag the individuals and WP into doing things that would only end with defamation lawsuits. WP had chosen not to fall into that trap, closed the incident and moved on, leaving the people to judge. If they had chosen to do things like the SDP, they will just end up like SDP now. Actions are not taken not because one supports or agree with the PAP way but because the actions some people want to take will end up with very bad ending.
Nair challenged, even taunted MM Lee, to arrest him. I’m not surprised then, if MM Lee took action – he’ll never let anyone defame him right?
Or maybe its Nair’s way of getting more people to read his blog? it gives publicity to his blog? it then becomes another “blogger/martyr going down for the sake of freedom and alternative thinking” story.
Hi Aidil,
We are very concerned, and are in the process of doing background work to craft a strong and effective editorial on Gopalan, especially in relation to the broad and unjust laws being used against him. Ex WP or not, as a matter of principle, these laws are ridiculous and once again makes the government look a paranoid ass.
Zheng Xi
Latest breaking news: Gopalan Nair released on bail. Please visit Uncle Yap’s blog for more details.
Thank you for your input Zheng Xi.
It is stupid to call a court a kangeroo court and insult a judge.
If the court is fair, the judge will, with justification, hold you for contempt and charge you.
If the court is unfair, the system will make a big ‘wayang’ to show how ‘unbiased’ they are and try to take punitative measures against you for daring to upset the status quo.
In either cases(fair or unfair) you lose as you will be charged with some offence.
As for whether Singapore’s judiciary is fair or unfair… look at the facts (not just one-side) and decide for yourself.
really cannot accept the gahment doing such thing , make me punk
Criticizing is not insulting. Proud bunch they are.
Reporters without borders not happy?
All the more reason to throw the book (and the kitchen sink) at Nair.
No sedition charge.
Also, they claim the chees went to jail for defamation. Chee could not have gone to jail for contempt of court cos that’s a law that applies in every country.
More like reporters who don’t bother to check facts :-)
Regarding the sedition charge, even RSF thinks its sedition. But more likely S499 defamation will apply. Also exposed to S504, S505 and definitely S509
S504 Intentional insult with intent to provoke a breach of the peace.
S505 Statements conducing to public mischief.
S509 Word or gesture intended to insult the modesty of a woman.
I have never believed in the one-party state because power corrupts when there is no meaningful check and balance. America is very far from perfect but at least the Americans have the First Amendment etc and other Constitutional instruments to protect their rights and to check on the Government.
Despite what some may say – I firmly believe that Human Rights and the Freedom of Expression ARE important issues. in the long run – no society can escape from tyranny without these two pillars.
And liberal democracy remains the best form of governance that humanity has ever known………just look at Myanmar !
Whether Singapore will degenerate into a tyrannical state in the future (30 years from now) – is something that is open to public debate…………….
You are right Dr Syed Alwi.
We have CPIB & ISD, checking mechanisms right even though I am not too sure about the usefulness of the latter given the aura of secrecy surrounding it.
The last piece of the puzzle which is missing badly for so many years is a strong & effective oppositional & institutional check on the all too powerful incumbent party. Singapore has to have this healthy checking mechanism – it should be the natural order of things.
Gopalan Nair,
Thanks for speaking up for us. we have been brainwash for 40 plus yrs and have no guts to fight back. it’s a difficult habit to kick and may take a long time. thank you and god bless you.
Opposition parties ( Except SDP ),
Thanks for speaking so much without action in parliament. so the garmen people will go easy on you and you just continue to take good pay. but we choose you for helping us . what concrete stuff have you done for us? ‘ NOTHING ‘.Thank you for looking after yourself FIRST instead of the people who vote you in.
I don’t know which is sadder: Singaporeans not caring about freedom of speech/human rights or people actually criticizing CSJ & CSC for standing up for these beliefs.
Is it an outcome of our apathetic nature as a result of years of living under the “climate of fear”? Or is it because we don’t use our brains.
ah…this is a good test of internet influence.
can bloggers and forummers win the people’s hearts with the recent strings of propagandas in the mainstream media?
we shall see (:
Concerning section 13D of the Miscellaneous Offences Act (see below), it would be interesting to see how exactly the prosecution could characterise the Internet as a “place”.
Threatening, abusing or insulting public servant
13D. —(1) Any person who in a public place or in a private place —
(a) uses any indecent, threatening, abusive or insulting words or behaviour towards a public servant in the execution of his duty as such public servant; or
(b) distributes or displays to a public servant in the execution of his duty as such public servant any writing, sign or other visible representation which is indecent, threatening, abusive or insulting,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year.
[12/96]
(2) For the purpose of this section, “public servant” has the same meaning as in the Penal Code (Cap. 224) and includes any other officer who, by virtue of any other written law, is deemed to be a public servant within the meaning of that Code.[12/96]
we choose you for helping us . what concrete stuff have you done for us?
Democracy is not just about voters voting for some one and then sit back and do nothing. Political party alone can do little. PAP is using government resources to do most of the things and claim the credit like “PAP’s policies”. Public participation and support is the key of democracy and growth of political party. But the fact is neither SDP nor any other political parties received much public participation and support.
The fact that we can vote once every 5 years does not make Singapore a democracy, it is classified as democracy with form but no substance. Likewise, if people think they just vote and then sit back and do nothing is that all needed to support democratic development of the society and the political party they choose, then they are participating in a democracy process with form but no substance.
Public Participation to promote democracy and political party
Going out to protest and create high publicity event may be one way some prefer to do and what some consider as the “concrete stuff” political parties should do. But this is not the only way for the general public to participate and promote democratic development.
How about talking about social / political / economic issues in gatherings with friends? Make the discussions of government policies a topic just like any other topic like child education, investment, tour etc. We can all start this kind of political discussions to raise public awareness so people can make more informed decision when election comes.
Apparently, some people think it is ok for anyone to call anyone prostitute. Is the right to common decency an inhumane or human right?
lim,
G.N never use the word “Prostitute” but prostituting. Is alright to me to use prostituting in a different meaning. Check the dict. The second point is more relevant to what he really means and in overseas this word is commonly used to described politicians and officials.
verb [ trans. ]
1) offer (someone, typically a woman) for sexual activity in exchange for payment : although she was paid $15 to join a man at his table, she never prostituted herself.
2) • figurative put (oneself or one’s talents) to an unworthy or corrupt use or purpose for the sake of personal or financial gain : his willingness to prostitute himself to the worst instincts of the electorate.
MT
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lim
There was a time when one of leaders used this term “fix the Opposition”.
The word “fix” positively connoted could mean an innocuous action like repairing or to make good something. However, if you want to give it a negative spin, it could mean to punish or to even kill. Of course, I sincerely believe our leader did not mean the latter as all our leaders are the most cilivised & constructive lot possessing the highest calibre of intelligence, talent & judgement – hence justifying their current multi-million dollar price tag. I am sure that you would agree with this.
Public participation and support is the key of democracy and growth of political party……Likewise, if people think they just vote and then sit back and do nothing is that all needed to support democratic development of the society and the political party they choose, then they are participating in a democracy process with form but no substance.
Excellent words, my friend. My sentiments exactly.
If I say your mother and sister are prostituting themselves. Is that freedom of speech? To me it is not. That is outright rude, mad and uncalled for. Freedom of speech must come with decorum and responsibility. So please do not have double standards.
Grow up!
Thinktok,
You are obviously oblivious to figurative speeches. Not too long ago, the hokkien version of *crap* was used in Parliament to describe not being urgent wth planning, and I guess it is with great “decorum and responsibility” because it was the ruling party member that used it. Nevermind that it is in Parliament, which is supposed to be with “decorum”. But wait, the cyberspace should be more “decorum” than Parliament, so such filthy figurative words like “prostituting herself in the entire proceeding” should not be used by bloggers. Am I missing something?
Lim,
If you do not know how to read english, as in the case of “taking words out of context” then save your breath. Not too long ago, we often hear that from our beloved leaders about “taking words out of context”. The exact words in Nair’s blog is “The judge Belinda Ang was throughout prostituting herself during the entire proceedings, by being nothing more than an employee of Mr. Lee Kuan Yew and his son and carrying out their orders.” Looks like you seriously need to relearn the english language.
O, be some other name!
What’s in a name? that which we call a rose
By any other name would smell as sweet
Thinktok
I have to concur with you on your statement. For no good reason, no one should use this unsavoury language on anyone.
As for Nair, having becoming an American citizen, flying all the way here just to attend some court session and after that openly attacking the judge for the decision in his blog, it is felt there could be some reason behind it.
Judging from certain facts (or speculations or non-facts) in the blogoshere, it seems that the relationship between him and the system cannot be termed as good. The judge represents the human face of a faceless system and becomes an unfortunate target for such attack. Justifiable ? Sad, i would say but it is not hard to make some wild speculation that the system has inevitably produced many potential copies of Nair.
hey is this the first time that a blogger has been charged in Singapore with relations to opinions? (not counting racism)
When I leave $100 on the table and ask 10 kids to spend the money the result is they will never agree and might instead go for each other’s throat. The reality of liberal democracy is such in non-European countries and societies that are not homogeneous.
We shd worry about what will happen to Singapore if global oil and food prices continue to soar. Ask yourself what will happen if oil price rises to US$200 and remain there indefinitely.
Remember we have neither mineral nor foresty nor aquatic resources. Worse still, no land and no domestic market, in short,. no economies of scale (if you know economics)
Sit down and list out 10 outcomes. Remember many people have found out that migration isn’t that glamorous after all (unless you’re white and even if you have the skills and money).
.
A trap is for fish: when you’ve got the fish, you can forget the trap. A snare is for rabbits: when you’ve got the rabbit, you can forget the snare. Words are for meaning: when you’ve got the meaning, you can forget the words. Where can I find someone who’s forgotten words so I can have a word with him?…
XXVI External Things
you don’t call a prostitute a prostitute any more. She has a more respectable name now, SEX WORKER. She may be prostituting her service but she is not a prostitute
because she is a providing a tension relief service . Who knows, in the future, the word can be legitimised as a person who is providing some kind of therapy and called a therapist.
In this discussion context th word means providing more than it is required and providing a demeaning service for base gain. You know what this base gain is, right?
What has an American to do with Singapore politics? I think he has nothing better to do. He has dug his own coffin! This American should go home to his own soil and make noises in front of the White House! He is barking up on the wrong tree in the wrong place for the wrong reasons. Is he so muddled!
If there is still fire in him to take part in politics, I sincerely advise him to stand for election for the President of the United States of America under the Republican Party. If an African- American can get the ticket to shoot for the highest office under the Democratic Party, this Asian-American should get himself the ticket too.
Disgruntled ex Singaporean who lost a previous election on a WP ticket :)
Let’s just call a spade a spade.
Also spare me the crap about freedom of speech. Look at Taiwan or Chinese Taipeh or the ROC, whatever. Lots of democracy there akin to the style that pleases the USA. Seen their politicians fight on TV? Utter disgrace if you ask me. You want this type of politics, fighting and mudslinging in Spore? Ptui… no thanks.
Just mere talk and rhetoric isn’t going to fill my stomach! Gimme my ricebowl brimming with food any day! :)
Ah Beng
“We shd worry about what will happen to Singapore if global oil and food prices continue to soar. Ask yourself what will happen if oil price rises to US$200 and remain there indefinitely.”
“Sit down and list out 10 outcomes. Remember many people have found out that migration isn’t that glamorous after all (unless you’re white and even if you have the skills and money).”
May I know what are you trying to drive at. So after all these worries, who has the magical power to solve it.
10 outcomes may not be good but the ultimate outcome coming out taken into consideration these 10 potential outcomes is definitely a better one because of the sense of consensus.
If you leave your own country to join another country (citizenship wise), well it is expected to be treated as a 2nd class citizen (unless you’re white and even if you have the skills and money).
But to be treated in your own country (I am not white definitely and I do not have skills and money also) ? Now you tell me.
Freedom of Speech, Not Freedom From Consequences - Micha-lab.com
[...] it from being viewed. This hasn’t stopped bloggers the world over from coming to his defense, saying his free speech has been somehow hampered. The man said some inflammatory (and in Singapore, clearly illegal) words, and is now paying the [...]
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