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Jolovan Wham commences 10-day jail sentence for livestreaming Hong Kong pro-democracy activist at indoor event

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Singaporean social worker and civil rights activist Jolovan Wham today begins his 10-day jail sentence for organising an indoor event featuring Hong Kong pro-democracy activist Joshua Wong via a Skype call four years ago.

In a Facebook post on Friday (21 August), Mr Wham said — after his appeal against the conviction was dismissed — that the decision was “a farce but hardly surprising”.

“The panel of 5 judges can hide behind their legalese but any functioning democracy with a true respect for the rule of law and our Constitutional rights would not have found me guilty of hosting a peaceful, indoor discussion with only 50 people,” he said.

Despite the outcome, however, Mr Wham maintained that it was “still important” for him to have made the appeal.

“Win or lose, every act of resistance is a refusal to stay silent, and a refusal to let oppression and fear be normalised in Singapore,” he stressed.

Mr Wham also thanked his counsels Eugene Thuraisingam, Suang Wijaya, and Johannes Hadi for representing him pro bono in the case.

He also extended his gratitude to other “civil society activists and friends who stood in solidarity” with him.

“I will make the best of the situation to learn more about prison life while I’m inside,” Mr Wham assured.

Yesterday, the Court of Appeal dismissed Mr Wham’s final appeal against the conviction.

The court is set to release its written judgement at a later date.

Phil Robertson, Deputy Director of Human Rights Watch’s Asia Division, said in a statement yesterday evening that Mr Wham’s imprisonment “shows the intellectual and political insecurity of the People’s Action Party, which is afraid of challenging ideas from both their own people and other places like Hong Kong”.

“Only in the thoroughly warped world of Singapore governance would an activist be sent to prison for having someone Skype call from overseas into a meeting,” he said.

Mr Robertson added that “Singapore’s intolerance for freedom of association and expression is really shocking”, and that such a decision is a form of “politically motivated persecution”.

Background of the case

The case pertains to a public indoor event called “Civil Disobedience and Social Movements”, which Mr Wham had co-organised on 26th November 2016.

The discussion featured Mr Wong via a Skype call — popularly known as the face of the Umbrella Movement pro-democracy protests in Hong Kong — as well as journalist Kirsten Han and artist Seelan Palay.

As a result of the event, Mr Wham was found guilty in January last year of organising a public assembly without a permit under the Public Order Act and refusing to sign a police statement under Section 180 of the Penal Code.

The following month, he was subsequently handed fines of S$2,000 and S$1,200 respectively, or 10 days’ and 6 days’ jail respectively in default of paying the fines.

In his appeal to the High Court, Mr Wham challenged the constitutionality of the provision that criminalises organising a public assembly without a permit on the basis that it infringed the constitutional right to free speech.

Justice Chua Lee Ming, however, dismissed his arguments and upheld Mr Wham’s conviction and sentence in October last year.

Wham then applied for leave to refer questions of law of public interest to the Court of Appeal.

The Court of Appeal gave the green light for Mr Wham to proceed with his constitutional challenge against the provision creating the POA offence in March this year, but rejected leave in respect of the questions relating to refusal to sign police statements.

Nonviolent resistance, civil disobedience among some of the most necessary “tools” to expand Singapore’s “already shrinking civil and political space”: Jolovan Wham

This is not the first time Mr Wham has opted to serve a jail sentence in lieu of paying a fine.

At the end of March and early April, he served a week-long jail term in Changi Prison after being found guilty of contempt of court.

In a Facebook post on 31 March — the date his jail sentence commenced — Mr Wham said that acts of nonviolent resistance and civil disobedience are among some of the most necessary “tools” for opening up Singapore’s “already shrinking civil and political space”.

Such acts, said Mr Wham, “often starts with one person, or a small group of people”.

The activist said that a society that has endured “[d]ecades of oppression and persecution” is bound to become acclimatised to “injustice, especially political injustice and threats to our civil rights”.

“We have shrugged it off so much that over time, we’ve become numb to it, instead of feeling outraged,” Mr Wham added.

Said apathy, he said, is a result of the “normalisation of fear”.

“If we can’t speak up, assemble freely, and campaign without looking over our shoulders, the reforms we want can only be done on the terms of those in power. We will have to wait for when they are ready,” said Mr Wham, adding that the only issues that might have a chance at being addressed without such freedoms are possibly those that are “low-hanging fruit”.

“All the levers of change are controlled and those who don’t follow the script are persecuted. We are so muted, we can only plead, but never make our demands as equals,” he added.

Thus, said Mr Wham, the people “need to speak our truths, and to do so, we should refuse to fear”.

“I refuse to be complicit in the diminishment of my spirit: resistance is no longer a choice in a system determined to de-humanise you,” he said.

Mr Wham, however, acknowledged that not everyone may have the privilege to “not only negotiate the boundaries but transgress them”.

“Not everyone can take this position and I understand those who can’t, because the costs may be high; my privilege, on the other hand, allows me to take greater risks, and for that I am grateful,” he said.

“Those of us who can risk it, should. Those who can’t, should show their support, because solidarity is the first step to change,” Mr Wham urged.

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Civil Society

RSF Director General meets Taiwanese President Lai Ching-te, proposes measures to combat disinformation

Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met Taiwanese President Lai Ching-te on 16 October 2024 to discuss measures for strengthening Taiwan’s democracy against disinformation. Bruttin highlighted the importance of media reform, citing Taiwan’s improved press freedom ranking and RSF’s global initiatives.

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Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met with Taiwanese President Lai Ching-te in Taipei on 16 October 2024.

The meeting focused on strategies to bolster Taiwan’s democratic resilience against disinformation. Bruttin was accompanied by key figures from RSF and Taiwan’s leadership, including Secretary-General of the National Security Council Joseph Wu and Deputy Minister of Foreign Affairs François Wu.

The delegation also included notable figures from RSF’s Taipei Bureau, such as Director Cédric Alviani, Advocacy Manager Aleksandra Bielakowska, and Development and Projects Manager Shataakshi Verma.

The talks were held in the context of Taiwan’s rising prominence in global press freedom, with the nation moving from 35th to 27th place in RSF’s 2024 World Press Freedom Index.

Bruttin praised Taiwan’s advancement but emphasised the importance of continued reforms to ensure that Taiwan’s media remains resilient in the face of increasing disinformation campaigns, particularly given the island’s tense geopolitical situation with the People’s Republic of China.

“Taiwan, as a regional leader in press freedom and the only democracy in the Chinese-speaking world, has everything to gain from aligning its media regulations with international standards,” Bruttin stated. He argued that reforms are crucial not only for combating disinformation but also for restoring public trust in the Taiwanese media, which he noted is alarmingly low.

According to recent studies, only three out of ten Taiwanese citizens trust the media, a figure that ranks among the lowest in democratic nations. Bruttin attributed this in part to Taiwan’s polarised and sensationalist media landscape.

During the meeting, Bruttin outlined several key RSF initiatives that Taiwan could adopt to enhance its media environment.

Among these was the Journalism Trust Initiative (JTI), the world’s first ISO-certified media quality standard, designed to promote reliable and transparent journalism.

He also discussed the Paris Charter on Artificial Intelligence and Journalism, which aims to ensure ethical standards in the use of AI within the media.

Additionally, Bruttin introduced RSF’s Propaganda Monitor, a project that tracks and counters propaganda and disinformation worldwide, including efforts by state actors.

Bruttin stressed that implementing these initiatives could help Taiwan build a more transparent and trusted media sector, crucial for democratic stability. He also addressed the role of international platforms, which often dominate local media landscapes, posing a long-term threat to the viability of independent journalism.

Bruttin’s visit coincided with two significant events for RSF in Taiwan.

Firstly, the organisation held its inaugural Asia-Pacific Correspondents Seminar, which gathered regional representatives from RSF for internal discussions on the state of press freedom across Asia.

Secondly, RSF celebrated the seventh anniversary of its Taipei Bureau, which was opened in 2017 to strengthen RSF’s presence in the region. The anniversary reception saw over 200 prominent figures from the media and academic spheres attend, highlighting the increasing significance of RSF’s work in Asia.

Taiwan’s media landscape has long been under pressure due to aggressive efforts by the People’s Republic of China to assert sovereignty over the island. China’s state-sponsored disinformation campaigns are frequently aimed at destabilising Taiwan’s democratic institutions.

These efforts have exacerbated divisions within Taiwan’s media sector, which is already fragmented and prone to sensationalist reporting. Bruttin’s recommendations reflect a broader push to enhance Taiwan’s ability to resist such external interference through robust media governance and public trust-building measures.

Bruttin’s discussions with President Lai follow a similar visit by RSF’s previous Director General, Christophe Deloire, in 2017, when he met with then-President Tsai Ing-wen. RSF has consistently praised Taiwan for its commitment to press freedom but continues to advocate for further regulatory improvements.

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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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