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UN expert warns, “Sentencing a teenage blogger to jail sends wrong message to young people”

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GENEVA – The United Nations Special Rapporteur on freedom of opinion and expression, David Kaye, said, “The lesson that somebody can be thrown in jail for their speech is exactly the wrong kind of message that any government should be sending to anybody, but especially to young people.”

He added, “The criminalization of a broad range of legitimate, even if offensive forms of expression is not the right tool for any State to pursue legitimate aims such as tolerance and the rights of others.”

Mr Kaye made the statement following the 29 September sentencing by a Singapore court teenage blogger Amos Yee to six weeks imprisonment and a S$2000 fine for ‘wounding religious feelings’.

In his earlier statement issued in August, Mr Kaye noted that the international human rights law allows only serious and extreme instances of incitement to hatred to be prohibited as criminal offenses, not other forms of expression, even if they are offensive, disturbing or shocking.

“Threats of criminal action and lawsuits contribute to a culture of self-censorship, and hinder the development of an open and pluralistic environment where all forms of ideas and opinions should be debated and rebutted openly,” the Special Rapporteur highlighted.

Kaye had warned that the Amos Yee’s trial over posts he made on his Facebook page and comments in his blog is deeply worrying and a sign of the increased criminalization of expression in the country

“First, the trial concerns an expression that is lawful under international human rights law, and second, the person being tried is considered a child under international human rights law,” Mr Kaye said.

The 17-year old blogger was charged over his Facebook posts and blog posts which allegedly wounded the religious feelings of Muslims and Christians.

Just last year, the blogger was sentenced to four weeks in prison for posting a video that caricatured Singapore’s first Prime Minister, Lee Kuan Yew.

“Tolerance and the rights of others are legitimate aims for any state to pursue. However, the criminalization of a broad range of legitimate, even if offensive,  expression is not the right tool for this purpose, and may well have the opposite effect,” the UN expert stressed.

“International human rights law allows only serious and extreme instances of incitement to hatred to be prohibited as criminal offenses, not other forms of expression, even if they are offensive, disturbing or shocking.”

The trial of the teenage blogger is one of several cases in Singapore that reflect a widening crackdown not only on controversial expression but also political criticism and dissent, Mr Kaye noted.

In May this year, Teo Soh Lung, a human rights lawyer, and Roy Ngerng, a blogger, were investigated for allegedly breaching the Parliamentary Elections Act for posts on their private Facebook pages that discussed government transparency and accountability.

The Act prohibits election campaigning in the last 24 hours prior to elections, yet explicitly exempts the online expression of a private individual’s political views. This was the first time individuals were investigated under such provisions.

Despite the use of the Parliamentary Elections Act to investigate, search and confiscate personal belongings of Teo Soh Lung and Roy Ngerng, to date no charges have been brought against them.

“Threats of criminal action and lawsuits contribute to a culture of self-censorship, and hinder the development of an open and pluralistic environment where all forms of ideas and opinions should be debated and rebutted openly,” the UN expert stressed.

“States are under an obligation not only to respect and protect, but also to promote freedom of expression,” he emphasized. “Increased criminalization of expression is in breach of this obligation.”

Phil Robertson, Deputy Director of Asia Division Human Rights Watch, said on the matter, “By prosecuting Amos Yee for his comments, no matter how outrageous they may have been, Singapore has unfortunately doubled down on a strategy that clearly violates freedom of expression. For a country that prides itself on efficiency, Singapore should re-examine its approach, because every time the authorities go after him, it just adds to his on-line audience who are interested to find out the latest thing he said.”

 

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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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