Press Freedom
Historical, Global and Local
Lecture of March 15, 2001
Historical Roots of Media Regulation
Chinese print media—first
used for Buddhist scriptures, and for court periodicals.
–
Regulations
needed to ensure accuracy, sacredness
Korea—first metal-type
printing press--also use for sutras
England—need approval from
king to make copies—a right to make copies
Root word of
“regulation”--regis/regina/raja
Korean Book Factory
Q: To
What Extent Did The
Regulations On The Printing
Press Affect The Diffusion
Of The Print Media In China and Korea?
Different attitude
towards freedom of expression in Asia?
Origins of the Notion of Free Speech
Western idea of the
importance of speech
Greek notion--Plato:
– Daily discussion of the matters
about which you hear me conversing is the highest good for man. Life that is
not tested by such discussion is not worth living.
– Held that politics is central in
society.
– Elevated speech to be central in
public life.
– Therefore protection of speech is
central to life in a city (community).
Europe and Free Expression
•
Dark Ages in Europe with the church in control. Censorship of books by
the Council of Trent (1545-63). Those who violated the law stood being
excommunicated.
•
France in 1557 passed the death penalty for importing forbidden books:
“experience has shown the king of France how prejudicial to the state is the
liberty of the press.”
•
Napoleon I (1800) “If I let the press do what it would like to do, I
would be out of office in three months.”
•
Britain from the 16th century, regulated the press through licensing.
What is
the Value of a Freer Press?
More newspapers, less graft
ST July 4 1997
Singapore Press Law
Article 14
(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 right conferred by clause
(1)(b),...
(c) on the right conferred by clause
(1)(c),...
Applicable Laws:
(Constitution; Business Laws)
- Applicable to all businesses
Security of Singapore
- Official Secrets Act
- Sedition
- Emergency (Essential Powers) Act --
prohibits members of the Singapore Armed Forces from communicating with the
media and if they do so, the media are required to divulge the identity of the
member
•
Friendly Relations
- Newspaper & Printing Presses Act prohibits sale of Malaysian
newspapers in Singapore
•
Public Order Or Morality
- Undesirable Publications Act
- Obscenity (Penal Code)
- Films Act
•
Privileges of Parliament/contempt of court
- Parliamentary Privileges Act
•
Defamation
•
Copyright
•
Incitement to any offence
Chee
chooses seven days' jail
ST FEB 3 1999
GUILTY OF GIVING PUBLIC TALK WITHOUT PERMIT
SDP chief refuses to pay $1,400 fine and says he has done no wrong
“My right to free speech guaranteed in the Singapore Constitution has
been violated by an unconstitutional and undemocratic law put in place by the
ruling regime to deny the opposition from reaching out to the people.”
Chee was convicted under the Public Entertainments Act for giving a
public talk without a permit.
Q: Does the PEA violate Article 14?
Q: Is The
Sedition Act Constitutional?
Offence: making a statement with a seditious tendency,
which is
3. (1) . . . a tendency –
(a) to bring into hatred
or contempt or to excite disaffection against the Government
• (b) … (e) …
– e.g. Statement: “The government
is corrupt”
• Which restriction
of Article 14 does this fall into?
OB (Out
of Bounds) Markers
1. Are they
constitutional?
2. Are they clear?
3. Examples of areas said
to be OB
–
Religion
–
Excessive
criticism of leaders
–
Politicising
art, religion
Are We
Relaxing Rules On The Media?
Yes, but slowly