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Prof Cherian George thinks the racial harmony law, Section 298, is ‘ripe for review’

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It is time for Singapore to review its social harmony law, Section 298 of the Penal Code, says Professor Cherian George.

In a blog post on Tuesday (28 July) titled “Section 298 Is Ripe for Review”, the professor in the Department of Journalism at Hong Kong Baptist University started off by highlighting what makes Section 298 a “bad hate speech law”.

He noted that the law fails to distinguish between subjective harm caused by incitement of hate and works that cause subjective offence and disharmony. The latter, said Prof George, is “an allegation too hard to counter and too easily used to silence socially valuable speech”.

As such, he suggested that it should therefore be regulated by social norms instead of ‘hard law’.

The professor went on to say that this law, which is rooted in British colonial times, does not belong among Singaporeans many defences against chauvinism, communalism, and hate.

“It promotes offence-taking instead of live-and-let-live tolerance. It encourages citizens to demand action from above, instead of talking things through among themselves,” he remarked.

The Government may be ready to rethink Section 298

Prof George went on to say that the Government has signalled its readiness to rethink the issue of Singaporeans being allowed to discuss sensitive matters of race and religion.

He referred to an article which highlighted Prime Minister Lee Hsien Loong commenting on the issue of a political candidate, Workers’ Party’s (WP) Raeesah Khan, being thrust in the spotlight over a police report made against remarks she made two years ago. The report alleged that Ms Khan’s comments promoted “enmity” between racial and religious groups.

While there were those who agreed that Ms Khan’s old social media comments were racially charged, there were also many others who felt that she was merely highlighting incidents of racism that minority groups face daily in Singapore.

PM Lee said at an e-rally during the election that older Singaporeans have a “somewhat different take” on the matter than the younger generation.

“The world has changed, attitudes have changed, younger people have a different perspective … which we have to take into account because young people will one day inherit Singapore,” he added.

Another PAP candidate, now-MP Nadia Ahmad, chimed in to note that younger people want to move beyond “this concept of tolerance or racial harmony”.

“They are willing to have uncomfortable conversations, or conversations that may make some segment of the population feel uncomfortable, and they’re brave enough to do so and I think it’s good that this kind of new norm is being forged,” she said.

Prof George also expressed that he had felt before that it was “futile” to bring this up because Singaporeans are “wedded” to the idea of calling the police to solve social frictions. But now, he thinks the time might be right.

Singaporeans are becoming savvier about laws being weaponised for political ends

Moving on, Prof George highlighted the Ethos Books dialogue on Sunday (26 July) during which Mohamed Imran Mohamed Taib made an observation that the Raeesah Khan case shows that people have a greater sensitivity about when race or religion is weaponised for political ends.

“There was a clear backfire over the police report on Raeesah Khan. … With the outpouring of support for Raeesah Khan, does is it mean that people are more accepting of divisive racial or religious remarks? I don’t think so,” said Mr Imran.

“What clearly happened is this – people now have greater sensitivity about when race or religion is weaponised for political ends,” he asserted, adding that it is a healthy development.

Prof George noted Mr Imran’s observation that people have “internalised the Government’s injunction against politicising race and religion” and that the same taboo should also be applied to those who are policing harmony.

Prof George went on to quote Mr Imran who said, “It cuts both ways. Saying something is divisive can itself be a divisive act with an intentional political end. This is something we have not seen before, which clearly speaks to greater civic political awareness.”

The professor then posited that if Mr Imran’s observations hold true, it means Singaporeans are now “savvy enough” to understand that laws made with good intentions can be hijacked for the opposite.

It is a non-partisan issue; requires political education

Prof George proceeded to highlight three things about Section 298 and Ms Khan’s case, firstly that it is not a partisan issue. Both sides of the political aisle have weaponise this particular law against their opponents before.

Secondly, Prof George said that it is “naïve” to think that Ms Khan and her team winning the Sengkang GRC seats despite the police report saga means that “playing the race or religious card” is no longer effective.

He noted that Ms Khan’s popularity remains low based on online sentiment analysis and that her team likely won due to their wildly popular teammate Jamus Lim.

“All we can say with certainty is that the anti-Raeesah smear campaign was not effective enough — not that it didn’t work at all,” added Prof George.

Next, he stated that “most Singaporeans who are rightly protective of racial and religious peace need to be convinced that reforms won’t generate unacceptable risks”.

Sharing an excerpt from his testimony during the Select Committee Hearing in 2018, Prof George suggested that political education is necessary to help people understand that while Section 298 is there to protect religious groups, it can be wielded by irresponsible actors as much as responsible ones.

“The conventional wisdom is that if it ain’t broke, don’t fix it. And indeed if by “broken” we mean prone to communal violence, Singapore is in good shape,” he elaborated.

Nonetheless, Prof George hinted that this would be a long process of “weaning” Singaporeans off their dependence on the police.

On his final point, he said that if political leaders do not consider reviewing the racial harmony law, the status quo would be “vigorously defended by PAP Ultras”.

“They will be back, preying on ordinary Singaporeans’ fears of instability, spreading disinformation about anti-racism activists, and thus trying to paralyse any effort for progressive change,” Prof George predicted.

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Civil Society

Meta and X served targeted POFMA order after activist’s non-compliance

Meta and X received targeted correction directions under the Protection from Online Falsehoods and Manipulation Act on 11 Oct after activist Kokila Annamalai failed to comply with a correction order. The Ministry of Home Affairs stated her misleading posts claimed the government executes arbitrarily without due legal process and will refer her to the POFMA Office for investigation.

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SINGAPORE: Two social media platforms have been served with targeted correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA) on Friday (11 October), after activist Kokila Annamalai failed to comply with a correction order issued to her last week.

Ms Annamalai received the order on 5 October for misleading posts made on Facebook and X.

In a statement, The Ministry of Home Affairs (MHA) said the posts falsely claimed that “the government schedules and stays executions arbitrarily and without regard for due legal process, and that the State does not bear the legal burden of proving a drug trafficking charge against the accused person.”

MHA noted that an article on the government fact-checking website Factually elaborated on why Ms Annamalai’s assertions were false.

The order mandated that she post a correction notice on the two posts; however, she has not complied.

In light of this non-compliance, the Minister for Home Affairs has directed the POFMA Office to issue a targeted correction direction to Meta Platforms and X.

This order requires the platforms to notify users who have seen the posts that they contain false statements and to provide a link to the Factually article explaining the inaccuracies.

MHA also announced that it would refer Ms Annamalai to the POFMA Office for investigations regarding her failure to comply with the correction direction issued on 5 October.

Earlier, the Anti-Death Penalty Asia Network (ADPAN), an organisation advocating for the abolition of the death penalty in the Asia-Pacific region, was also served with a correction order by the Singapore government under POFMA.

This order, initiated by Minister for Home Affairs and Law K Shanmugam, was in response to alleged false claims made by ADPAN in social media posts on 3 October 2024.

The posts, which were circulated on Facebook, Instagram, and LinkedIn, related to Singapore’s legal processes for death row prisoners and the treatment of activists opposing the death penalty.

They were released just before the scheduled execution of Mohammad Azwan Bohari, a drug trafficking convict sentenced to death for possessing over 26.5 grammes of pure heroin.

While ADPAN has since complied with the correction order by adding a notice to the original posts across its social media accounts, the group has expressed its intention to engage further with the order.

ADPAN reiterated its commitment to its statements and opinions, which it asserts are protected by international human rights law and standards, and expressed solidarity with human rights defenders and groups on the ground.

The organisation also reserved the right to issue additional statements on the matter.

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Civil Society

TWC2 launches fundraising initiative for at-risk migrant workers

Transient Workers Count Too (TWC2) has launched a fundraising campaign to assist those facing challenges such as work injuries, wrongful termination or financial hardship due to underpayment disputes. The campaign, hosted on Give.asia, aims to raise S$36,000 to provide crucial support during these workers’ most difficult times.

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SINGAPORE: Transient Workers Count Too (TWC2), an advocacy group for migrant workers, has launched a fundraising campaign to support those facing difficulties, including work injuries, termination for requesting rightful salaries, or financial hardship due to disputes over underpayment.

The campaign, hosted on the Give.asia platform, aims to raise S$36,000 to provide a lifeline for these workers during their darkest hours.

The group stated that the funds will offer support to low-wage migrant workers in distress through various means, including meal assistance, phone top-ups, travel allowances, emergency shelter, and more.

TWC2 highlighted five types of workers in distress. For example, one cook was forced to perform unpaid work late into the night and was coerced into signing blank payslips.

He received less than half of his official salary, with his employer creating false timecards and payslips.

TWC2 specified the resources needed to assist migrant workers facing financial challenges over six months, including S$1,322 per month for an online helpdesk, S$876 for meal support, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend Ministry of Manpower (MOM) appointments.

Worker Left Vulnerable After Company Closure: Loss of Housing and Belongings Leads to Months of Hardship

Another worker is struggling after his company closed down, leaving him without coverage for his injury.

Furthermore, his employer allegedly failed to pay his housing rent, resulting in the worker losing all his belongings, including his passport, cash, and clothes. He was left to beg and borrow clothes for nearly a month.

TWC2 stated that the funds will help him replace his passport, which costs around S$200, as well as cover S$2,228 for his monthly rent at the TWC2 shelter, S$480 for EZ-Link credit for travel to hospital appointments, and S$240 for phone top-ups.

The third case involves a migrant worker who was denied necessary surgery after suffering a finger injury from heavy machinery. Instead of being taken to the hospital immediately, he was brought to a small clinic, leading to an infection in his open fracture.

He was also pressured to return to his home country for treatment. Urgent surgery was delayed for 33 days because his employer withheld the necessary documents.

TWC2 is appealing for S$1,322 per month for online helpdesk support for this worker, S$1,898 for meal support, S$240 for phone top-ups, and S$480 for EZ-Link credit for travel to hospital appointments.

The fourth case involves a worker who was underpaid for overtime and rest day work.

He was fired after discussing information related to the Employment Act with his colleagues. His employer later contacted a potential future employer to disparage him.

This worker will require S$1,073 monthly to fund online information campaigns, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.

The fifth case concerns a worker who injured his back while lifting 50kg of cement. Although he was granted 300 days of medical leave, his employer did not report the incident to MOM, and the insurance company took over a year to investigate and accept his claim. The doctor instructed him to avoid catered food for health reasons.

TWC2 is seeking S$160 monthly for his groceries, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.

Part of this annual fundraising campaign commemorates International Migrants Day in December, which includes a luncheon, “Lunch With Heart,” for migrant workers to thank them for their contributions to Singapore.

TWC2 Highlights Ongoing Exploitation: Employers Bypass Laws to Undermine Workers’ Earnings

TWC2 noted that, according to Singapore’s Employment Act (Section 96), all workers should receive payslips detailing how their salaries are calculated and paid.

However, some employers still find ways to circumvent these laws, cheating workers out of their already low salaries. In 2023 alone, salary disputes rose by 55% according to MOM’s Employment Standards Report.

TWC2 emphasized that migrant workers who experience workplace accidents can be denied treatment by unscrupulous employers, despite being covered under the Work Injury Compensation Act. Even with medical insurance, they often lack access to it and may be sent back home with untreated injuries. The recovery process can be long and isolating, contributing to significant stress and mental health challenges for injured workers.

For these workers, a significant source of daily stress is financial insecurity.

“They are constantly thinking about providing for their family back home, ensuring loans are paid and sick family members have money for medical treatment. Essentially they are like us in every way.”

TWC2 highlighted that workers often take on overtime and forgo days off, even on public holidays, to earn higher wages. They should not be deprived of the wages they have rightfully earned or left with untreated injuries.

“We are appealing to you to offer a helping hand to these filial sons, devoted husbands, responsible mothers and dedicated workers, in their hour of dire need. ”

“We sincerely hope you can chip in so that these workers can have a lifeline in their darkest hours.”

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