The following is from Alex Au’s website, Yawning Bread. It is part of an email he sent to the Minister for Information, Communications and the Arts (MICA), Mr Lui Tuck Yew, asking for clarification on certain regulations and the behaviour of staff of the Media Development Authority (MDA). Mr Au had submitted a film to the MDA for classification which People Like Us had planned to screen during Indignation, the gay pride festival.

I would appreciate your clarification over these questions:

3.1 What lawful authority does the MDA have to demand that still frames with text should be censored when these frames did not incite race/religious hatred, depict sex, nudity, violence or child pornography; nor did it contain coarse language or Chinese dialects – the established reasons for cuts to be made? Please cite the law.

3.2 If there is such a law that empowers them to censor speech that informs the public about government decisions, what justification (kindly explain the rational nexus and public interest justification) is there for such a law?

3.3 If this is a matter which the law leaves to the discretion of the MDA, then why does the MDA use its discretion this way? Why object to informing audiences what cuts have been made? Why the desire to remain unaccountable to the public?

Visit Yawning Bread for the email exchange between Alex Au and Ms Julia Hang of MICA.


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35 Responses to “Is the MDA behaving above the law?”

  1. Donaldson 15 September 2009

    Check this out!

    Seelan Palay submits Francis Seow video for rating

    Artist and human rights activist, Mr Seelan Palay, has sent a video entitled “Francis Seow: The Interview” to the Board of Film Censors for rating. The 40-minute interview shows the former solicitor-general speaking on a range of issues from his life in the US to Mr Lee Kuan Yew and his ministers.

    Mr Seelan tells this website that the Media Development Authority insists that he submits the video as a political party film. But Mr Seow is neither a member of a political party nor a politician, Mr Seelan points out.

  2. Any surprise that MDA alternative name stands for Monkey Dubious Authority.

  3. “Seelan Palay submits Francis Seow video for rating”

    Just in time to show how INcredible Shit that MIW book is, a One-sided story that insult citizen’s intelligence.

  4. As a concerned citizen, I will also censored the frames becos it is simply gauche. Frankly I am getting tired of visiting this blog. It sucks bigtime.

  5. Pardon me for being a little curious:

    If there is no sex and nudity, then where is the “erect penis and hand” comment coming from? If that doesn’t constitute at least nudity, then what does it constitute?

  6. smallvice585 15 September 2009

    Censoring nudity doesn’t make sense for a R21 film!

  7. Come on Alex! What do you expect MDA to do when you have produced a porn film? You should be counting your blessings that MDA returned you your dvd for editing. You are not above the law, Alex!

  8. honestly, mda shld relax lah…

    all the porno/nude stuff not to be “flashed” at youngsters is oredi accessible to them via internet. so long as it is artistic and relevant to the story line, what’s wrong with showing genitals for THREE seconds???

    it seems to be that mda is working too hard to stay “relevant”. perhaps it is protecting the minds of ah peks who dunno how to use internet…

  9. blackfeline 15 September 2009

    i really wonder whether all this people from MDA including Mr. Lui ever seen a naked body in their entire life! Perhaps not…because they do their “thing” in pitch darkness!

  10. gemami cannot comment on alex?

  11. doctorwho 15 September 2009

    wat kind of people like to cut penis, bian tai !

  12. Very fortunate to have MDA around! If not we will be cornered into the dark side.
    There are laws and laws and laws will protect people from penis and you.
    Well done MDA. Keep up the good work.

  13. gemami: Personal attacks? So clever.

    If you had bothered to read, the DVD was not produced by him but imported to be screened at LGBT event. The parts with nudity were cut out but for accountability, they replaced said nude parts with the still frame you see above. What Alex Au wants explained is why these still frames (which do nothing but explain what was cut) are also rejected.

  14. i dont think the issue here is with MDA, but perhaps the management of common space. Will what this film festival does infringe on the space of the common majority? Balancing both sides will be a challenge and it seems the smaller side has been pushing and pushing for what reason i dont know..

  15. It’s so funny to note that while the government on one hand is imposing a lot of restrictions on pornography, the people of Singapore on the other hand are doing a lot of indecency at public places.

  16. I don’t think he has an issue with the fragment being censored, he has an issue with not being allowed to show the still frames with text that indicate where and why MDA imposed the scissors.

    I for one would like to know where the gament has clipped movies as I am sure we would all be surprised at the frequency.

    Are we not adult enough to decide if we want to see a movie by ourselves? What are R21 ratings for?

  17. Jackson at 14)

    Maybe the first part of your statement explains the second! :)

  18. Some Singaporeans are really pathetic. At this age (literal age!) and time, they still have a problem with nudity and private parts. They support the government to impose more restrictions on others, but whine and criticise the government when they want more privileges for themselves.

  19. pinkskinned 15 September 2009

    How can they have the words “Development” and “Authority” in their name. An oxymoron?

  20. pinkskinned 15 September 2009

    whilst I do believe that MDA is stifling the development of the media industry, I do not see anything wrong in them not giving a go ahead for a film certification for what seems like porn. Other countries would do the same so as to protect the young.

  21. Definition of young? <100 years old?

    What's R21 for anyway?

  22. Definition of young? <100 years old?

    Whats R21 for anyway?

  23. Oh come on.

    How many of you with children want to do away with the rating systems? And Alex, he ought to know the extremely “flawed” reason he gave on the video, about not viewing it beforehand but simply rushing to MDA.

    He ought to know Singapore’s media laws and not attempt to circumvent a law put in place for the good of everyone. The last review was just a start. At least the government is loosening up. We don’t want a dam to open within a second do we? It’s flood the entire region regardless of the capacity of the bed.

    Alex, moderate yourself!

  24. @ #21, Ben
    I’m not sure if you read the full article on Yawning Bread carefully
    i) Alex Au was not arguing to do away with the rating system.
    ii) He is not questioning the decision to cut those scenes depicting genitalia.
    iii) He was unclear about Singapore’s media laws, and attempted to locate the official documents which lays them out, and was unable to do so.
    iv) MICA’s reply did not answer his query on which law disallows still frame with text.

    Unless you have seen the film yourself, it would be disingenious to label it porn.
    There is a difference between nudity and porn.

  25. smallvice (#6),

    I think the issue is with depiction of sexual scenes really, not nudity per se. (But then, in conservative cultures like ours, nudity tends to be equated with sex.)

    Henri (#16),

    I admit that MDA didn’t give a good answer; that is unfortunately true – it appears – of our government’s “customer service”. On the other hand, it still should be noted that the stills provide information that is as explicit as the graphics that were cut. Perhaps if Alex were to replace the text with “depiction of homosexual sex”, it would be acceptable.

    On the other hand, it affects the aesthetic quality of a production if these stills are actually broadcast in the final version, as they would be disruptive of the flow of the movie.

    Why censor an R21 movie? Well, maybe it’s just in case the minors get hold of it (illegally).

  26. Donaldson 16 September 2009

    Gosh.. this particular Film Fest is attended by almost exclusively LGBT and their supporters. It is part of the annual Indignation event. Balance with common majority? These shows won’t even make it the local cinemas. Maybe a few art houses are willing to carry it.

  27. pinkskinned 16 September 2009

    “There is a difference between nudity and porn”

    Yes there is. from where I stand, holding an erect dick is more than nudity….

  28. pinkskinned (#27),

    Indeed. In fact the MDA spokeswoman did mention that the scenes were censored because of “depictions of homosexual sex”, which are – as she rightly points out – still illegal here. Mr Alex Au cannot claim to not know about that, since his own blogs spends a reasonable number of posts criticizing that law. That makes his argument about unclear laws somewhat redundant.

    Donaldson (#26),

    “exclusively”? Like the Old Guard at AWARE who were “exclusively” supported by LGBTs and their supporters?

    The crux is where the issue is held. If it is held in a public place – such as the Esplandade, the Padang or the Botanic Gardens – then there is the chance for a neutral heterosexual youth to stumble upon the event, and that would be intruding into the space of the “common majority”.

    Of course, if that happens, I don’t suppose that the organizers of Indignation, including Mr Au, are going to take any counterbalancing action against it, right?

  29. Juntaris Hordini 16 September 2009

    In Alex’s letter , he said :

    “Dear Minister,

    I am unhappy with the behaviour of the Media Development Authority with respect to a film I submitted for rating. I believe they are acting outside of lawful authority – i.e. taking the law into their own hands – and thus abusing their powers.

    I think it should be asked first, is MDA’s decision based on any Policies, Rules , Regulations, SOP, directives?

    If so, there is no need to say they abuse their powers.
    If not, there is a need to question them.

    But I wonder has Alex or will Alex get a reply, if not already?

    Alex, I am all behind you.

  30. Donaldson 16 September 2009

    Arixion #28,

    it is a close-door event.

  31. Pink Power 16 September 2009

    Time and time again, I am impressed by our Alex Au’s superb mastery of the language, analytical skills and most importantly his manliness.

    No, that is not intended as pun but as praise for his gutsiness and gungho attitude.

    Singaporeans can ask themselves which man he knows is as gutsy and gungho as Alex to write like that?

    Alex is more man than most i know. But this is purely my unadulterated honest opinion. Feel free to disagree.

    Pink Power is awesome!

    I am put to shame. I am not worthy Alex.

  32. Pink Power 16 September 2009

    I urge Alex to form a group of 名嘴 (Vocal Intellectuals with the knowledge and gift of the gap) to discuss social political issues on WEB TV and broadcast to the people.

    I think the Next Step for Singapore social-political Blogging is the Web TV.

    2 dimensional discussions on the blogs is good but what is better is to have 3D video discussions on a weekly basis. Less need to rally people to go Hong Lim, save on petrol, parking and ERP and bus/mrt fares as well. Web TV is Camera-Shy-Scared-Kia-Proof.

    If not, have voice radio channels to broadcast to the people like Mr Brown, who, I am no longer his fan.

    Pink Power is cool! Pink Dot at Hong Lim demonstrated their capability and outspokeness (typo?).

    ENGAGE!

  33. Pink Power 16 September 2009

    Sorry, forgot to elaborate on what i meant by 名嘴 :
    search youtube for videos on “2100全民開講” to understand or subscribe to cable.

    TW system is so real. These 名嘴’s criticise on all issues and anyone. Most of the time, they do so with highest standards and class and with facts and strong logic.

    I do not see these in singapore.

    This is one way singapore can amature into a country embracing Diversity of views.

    From these 名嘴’s, the youths can learn that for Any issue, there can be so many different yet logical views that we may not know it without listening to them.

    Though singapore has no Malaysiakini, may i know can we have a 2100 on web TV?

    Ok, i have said enough.

    A very disillusioned citizen.

  34. Waiting for the Coast to be Clear? 16 September 2009

    Pink Power, cannot say like that lah. Many Men are waiting for the coat to be clear to then proudly come out in public to give a toast masters speech at Hong Lim waht.
    no meh?

  35. It’s MDA, what’s new? Yes, the same one which fined MediaCorp $15000 for showing a gay couple… renovate their house. That’s right, it’s THAT lame.

    I should clarify though, for those who are ‘thankful’ to the MDA for ‘protecting’ them against the (I never get tired of this) Homosexual Agenda, you have to actually register for the event to see the movie, I’m sure no one who doesn’t want to watch it would accidentally ‘stumble upon’ it.

    Also, ‘Devotee’ is an award winning film and I don’t think it has faced similar censorship issues in the other countries it was screened in. So much for Singapore wanting to become an ‘arts hub’.