Another Troubling Free Speech Case in Singapore

Singapore, long recognized for its economic prosperity and crafty foreign policy, has also been no stranger to rights issues as the ruling People’s Action Party (PAP) seeks to retain its control of the country. A recent defamation case has once again exposed the city-state’s troubling record when it comes to free speech.

Singapore is hardly the only country in Southeast Asia with such rights issues, including defamation cases. Indeed, in Thailand and Indonesia, two of Southeast Asia’s traditionally democratic countries, in just the last few weeks alone, a poultry company in Thailand has filed defamation complaints against a former employee and human rights activist in relation to a video produced by civil society group Fortify Rights, while a teacher in Indonesia was initially imprisoned for documenting her sexual harassment – a punishment subsequently suspended following popular outrage.

Yet one case in Singapore has gotten significant publicity in recent weeks. The editor of news website The Online Citizen (TOC) was charged with defamation for publishing a letter last September that authorities said defamed the country’s cabinet members. Aside from TOC editor Terry Xu, the police also charged Daniel Augustin De Costa, who is accused of using the email of a certain “Willy Sum” to send a letter that accused the cabinet of committing corruption.

That the case would gain such attention from the authorities perhaps should come as no surprise. TOC is a prominent outlet in Singapore, and the charge of corruption is one that cuts deep in a city-state that has long prized itself on having fair and transparent governance. Allegations against the government are also probably inconvenient as Singapore continues a slow but sure domestic political transition away from current Prime Minister Lee Hsien Loong – a significant move for the country, which has been run by the Lee family in some form since its independence.

The case has unsurprisingly sparked outcry from civil society groups, government opponents, and concerned observers about the state of free speech in the country. During the police investigation, several civil society groups signed a statement urging the Singapore government to “stop persecuting individuals who ask difficult questions and publish critical views.” They also questioned the probe since TOC removed the allegedly offending article after receiving a take down notice from the government.

On the same day he was charged with defamation, Xu wrote on Facebook about the state of free speech in Singapore, without mentioning his case directly: “If the use of current laws to curtail one’s freedom of expression in Singapore is as such under a just government, can you imagine how a rogue government would abuse the same laws that is at their disposal to silence criticism of their actions and policies?” His carefully worded post nonetheless made his suggestion quite clear.

While the TOC case may be getting the most spotlight, it is important to emphasize that such cases are not uncommon in Singapore. For instance, blogger Leong Sze Hian has been charged with defamation by no less a figure than Prime Minister Lee himself after simply sharing an article on Facebook that authorities decried as containing outright lies and baseless information.

The article, published by a Malaysian website, alleged that Lee had a role in a high-profile corruption scandal involving the former prime minister of Malaysia. Leong was still charged with defamation despite removing his Facebook post after receiving an order from the Infocomm Media Development Authority, and Lee’s lawyers are asking for a public apology and payment for damages.

There were other Singapore netizens who also shared the article in question on Facebook but have not gotten sued by the government. Leong appears to have been singled out by authorities to make an example out of how the government will treat such dissent, in the hope that fear will squash future criticism.

In response, Leong, who was previously affiliated with a human rights group, wrote on Facebook his commitment to defend free speech in Singapore: “I have fought for fundamental human rights in Singapore for the better part of my adult life in the last 2 decades or so, and the freedom of speech is one of the most fundamental of these human rights.”

Unfortunately, the defamation cases we continue to see in Singapore reinforce the reality that despite the decades of fighting that Leong and others have done for freedom of speech in the city-state, it will take many more years for that vision to actually be realized.