Notes of Press Freedom Lecture of March 13, 2001
British Origin of Singapore Laws
2nd Charter of Justice
1826
l Introduced
English law as at 27 Nov. 1826
l Set
up court system
l Clarified
by the Privy Council (the highest court) in Yeap Cheah Neo v Ong
Cheng Neo (1875) L.R. 6 P.C. 381 at 394, to mean “statutes relating to
matters and exigencies peculiar to the local condition of England, and which
are not adapted to the circumstances of a particular Colony, do not become a
part of its law, although the general law of England may be introduced into
it.”
The Singapore Court System
Subordinate Court (currently at
Havelock Road)
l Magistrate
Court
l District
Court
Supreme Court (City Hall)
l High
Court
l Court
of Appeal
Choice of forum depends on penalty/amount of damages sought
Sources of Law I
1. Constitution
l It
is a law empowering other laws
l Carries
no penalties, only striking out laws
2. Statutes
l Includes
subsidiary legislation
3. Common Law
l “Unwritten”
judge-made law
l
Especially important in defamation
Sources of Law II
4. Law of Equity
l Mitigates
harshness of law
l Common
sense notions of fairness
5. Administrative Rules
6. Custom
l Practice
in a country, eg rules of the road
7. Industry Practice
l Practice
in an industry, eg travel
What Is Freedom Of
Speech
It’s Freedom To Express
·
Opinion
·
Commentary
·
Facts
What Is Press Freedom
1. No government
intervention through censorship and other similar restraints, and
2. Any restriction must be
applied by or reviewed through the courts and only the courts have the power to
impose penalties.
In practice, press/media
freedom must also include freedom of access to the media: to create media
companies, to distribute media products and the freedom to read.
You need both Political
and Financial independence.
UN Universal Declaration of Human Rights (10 Dec 1948)
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek,
receive and impart information and ideas through any media and regardless of
frontiers.
Question:
How Realistic Is the UN UDHR’s Article 19?
UN Universal Declaration of Human Rights (10 Dec 1948)
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek,
receive and impart information and ideas through any media and regardless of
frontiers.
1966 UN International Covenant on Civil
and Political Rights interpreting Article 19:
“the exercise of (freedom of expression) carries with it special duties
and responsibilities. It may therefore be
subject to certain restrictions . . . :
--For respect of the rights or reputations of others
--For the protection of national security, or of public order, or
of public health or [public] morals.”
1993 Report by Special
Rapporteur Of UNCHR
Report reinforced 1966
interpretation.
Article 10 of the European Convention
on Human Rights by Council of Europe
(1950)
(1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions
and to receive and impart information and ideas without interference by public
authority and regardless of frontiers. This Article shall not prevent States
from requiring the licensing of broadcasting, television or cinema enterprises.
(2)
The exercise of these freedoms, since it carries with it duties and
responsibilities may be subject to such formalities, conditions, restrictions
or penalties as are prescribed by law and are necessary in a democratic
society, in the interests of national security, territorial integrity
or public safety, for the prevention of disorder or crime,
for the protection of public health or morals, for the protection
of the reputation or rights of others, for preventing the
disclosure of information received in confidence, or for maintaining the
authority and impartiality of the judiciary.
Press Freedom in ASEAN
All ASEAN states have
freedom of the press clauses in their constitutions
US: “Congress shall make no law . . .
abridging the freedom of speech or of the press.”
Philippines: “No law shall be passed abridging
the freedom of speech, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.”
But newsprint is
controlled.
Thailand:
Restrictions
to preserve “good order”
The King
is revered.
Freedom
of the press is in the context of a national goal.
Indonesia
(old): Foreign news agencies must disseminate news through national news
agencies.
News media must be
owned by nationals.
National
ideology--pancasila
Control
on: number of pages; news-ad ratio; import of newsprint; Directives by military
on treatment of stories
New
situation--ownership must be 100% Indonesian; otherwise many things go
Malaysia:
May
discuss but can't question fairness of racial discrimination. (In constitution.)
Press freedom has worsened after the Anwar episode.
Free Speech in Singapore
Part IV Fundamental Liberties
Article 9 Liberty of the Person
Article 10 Slavery and Forced Labor
Prohibited
Article 11 Protection Against
Retrospective Criminal Laws and Repeated Trials
Article 12 Equality
Article 13 Prohibition of Banishment and
Freedom of Movement
Article 14 Freedom of Speech,
Assembly, and Association
Article 15 Freedom of Religion
Article 16 Rights in Respect of Education
What
are the differences between the previous free-speech clauses and Singapore’s
free-speech clause in Article 14?
Article 14 Freedom of Speech, Assembly, and Association
(1) Subject to clauses (2) and (3)
(a) every citizen of Singapore has the right to freedom of speech and expression;
(b) all citizens of Singapore have the right to assemble peaceably and without
arms; and
(c) all citizens of Singapore have the right to form associations.
(2) Parliament may by law impose
(a) on the rights conferred by clause (1)(a), such restrictions as it considers
necessary or expedient in the interest of the security of Singapore or
any part thereof, friendly relations with other countries, public
order or morality and restrictions designed to protect the privileges
of Parliament or to provide against contempt of court, defamation
or incitement to any offence;
(b) on the rights conferred by clause
(1)(b),...
(c) on the rights conferred by clause (1)(c),...