Lecture Notes of March 20 and 22, 2001
Bucket shops and Advertising
FAQ
for Commodity Futures (Amendment) Bill
12. Bucket shops commonly use
misleading advertisements to entice the public. Are such misleading advertisements banned under the amended Act?
As the amended Act addresses the bucket shop issue through licensing of
firms or persons engaging in commodity trading, it is not within the power of
the Act to legislate the forms of advertising. The best precaution that the
individual can take is to be wary of claims made in such advertisements.
Singapore Press Law
Rights of the Media
•
No special rights
•
Same as individual
•
Subsumed under freedom of expression
“Universal” Laws
Media
laws in Singapore that are common in other countries
•
Constitutional rights
•
General business laws
•
Copyright
•
Defamation
•
Contempt of Court
•
Parliamentary Privileges
•
Advertising
•
Code of Ethics
Less “Universal” Laws
•
Official Secrets Act
•
Sedition
•
Undesirable Publications Act -- UPA
•
Obscenity (Penal Code)
•
Privacy (of computer data)
•
Special Business Laws
– Criminal Law (Temporary
Provisions) Act: Journalists in broadcast/print are essential service
workers—14 days notice to strike
Singapore-specific Laws
•
Newspaper and Printing Presses Act (NPPA)
•
Singapore Broadcasting Act
•
Internal Security Act
•
Essential (Control Of Publications And Safeguarding Of
Information) Regulations under the 1964 Emergency (Essential Powers) Act
How
The Laws Apply
•
Local Newspapers and Magazines -- NPPA
•
Broadcast -- SBA Act
•
Foreign magazines -- UPA (could also be used on local mags)
or NPPA (gazetting)
•
Books -- Undesirable Publications Act
•
Internet -- SBA rules (not SBA Act)
Newspaper and Printing Presses Act
Newspaper is “any
publication containing news, intelligence, reports or occurrences or any
remarks, observations or comments, in relation to such news,
intelligence, reports of occurrences, or to any other matter of public
interest, printed in any language and published for sale or free
distribution at regular intervals or otherwise, but does not include any
publication published by or for the Government”
NPPA rules
•
Licensing of newspapers and magazines
•
Directors of daily/weekly newspapers must be Singapore
citizens. NPPA S.9
•
Management and ordinary shares
Management and Ordinary Shares
•
S. 9(3) Management shares are to make up 1% of the company’s
stock.
•
S. 9(7) Management shares rank the same as ordinary shares
for purposes of dividend.
•
S. 9(8) Management shares have 200 times the votes of
ordinary shares.
•
S. 9(11) Management shares are not to be listed on the Stock
Exchange.
•
Permit from Minister required for sale/distribution of
Malaysian newspapers.
•
Foreign weekly newspapers are required to get a permit.
•
No person may hold more than 3% of ordinary shares without
approval.
No breach by Capital
Group : Mita BT 9/13/1999 P 25
THE following is the statement
issued last Saturday by the MITAs on Capital Group's SPH portfolio:
"On Sept 7, 1999,
Mita was informed by Singapore Press Holdings Ltd (SPH) that Capital Group
Companies Inc had given notice to the company that it had become a substantial holder, holding 5.05 per cent of
ordinary shares, in the issued capital of SPH. CGCI has also notified SPH that
it is a holding company for several subsidiary companies engaged in investment
management activities, and neither the company nor any of its subsidiaries own
shares in SPH for their own accounts.
Mita has noted this information.
As CGCI is a nominee shareholder, it has not breached provisions of the
Newspaper and Printing Presses Act."
“Gazetting” of Foreign Newspapers
17(1)
The Minister may, by order published in the Gazette, declare any
newspaper published out Singapore to be a newspaper engaging in domestic
politics.
17
(2) No person shall, without the prior approval of the Minister, sell or
distribute or import for or possess for sale or distribution any declared
foreign newspaper.
“Gazetting”
of Foreign Newspapers (cont’d)
S18.
Minister has the power to allow a person to make copies of the “declared”
foreign newspaper on a cost-recovery basis. Such copies shall not constitute an
infringement of copyright. May not
carry or subscribe to “declared” foreign newspapers into Singapore. Postal,
custom and police officers have the power to destroy such newspapers.
BG Lee, Helsinki 1987
World Congress of Newspaper Publishers
[I]f
a foreign newspaper publishes biased one-sided reports and distorts its facts,
and the government is unable to compel it to acknowledge errors in its
coverage, it can build up unchallenged, a skewed view of reality which will
sway opinions and shape events in Singapore. That is why the government
considers refusal to publish corrections and rebuttals to be an interference in
Singapore's domestic politics.
PM Goh, 1995:
“Free
and responsible press, I have no problems.”
“Free
press means the journalist in charge or the editor in charge calling the shots
and very often they suppress your point of view, they slip in things which are
not quite true. You send in a correction, they may not want to correct it. So
free press is actually free from that point of view, you control it. So when I
use free press, I use it in that sense.” A responsible press, on the other
hand, would identify national interests with its own interests and had an idea
what the long-term destination of the country should be.
Lee Kuan Yew & William Safire
Davos, Switzerland, 1999
LKY
(Answer): Our press does not lie. It does not. Nobody is shut off.
WS:
Now, you've written that your news policy, quote, "is not to exclude the contrary point of view, but to make sure the Government's point of view is
clearly stated".
LKY:
Yes. Correct.
Right of Reply
Arguments for the Right of Reply
–
The right has existed in US
broadcast media
–
Western media “experts” think
it's a good idea
–
There is a UN convention on this
–
It does not bar information
– It prevents distortion in domestic politics by increasing the
accuracy of information
Arguments against Right of Reply
–
Use of media has some real costs
–
Restricting the media is a defensive gesture
–
There are more important things in life
•
Convention on Right of Reply in 1950s
•
Same time as Women’s Right to Vote
• Only 2
signatories—one of which is Algeria
Undesirable Publications Act
3
types of Undesirable Publications
–
Declared -- ok to possess, limited copies for sale
–
Objectionable -- ok to posses not to sell
– Prohibited -- not ok to
possess, eg Playboy
List
of Imported English Publications
Prohibited under the Undesirable
Publications Act
BOOKS
•
Affairs
of Clio
•
All
Sorts of Love
•
All
Star Book (Series)
•
Beacon
Book (Series)
•
Brandon
House Books (Series)
•
Crest
Inn Rape, The
•
Discontented
Wives
•
Hotel
Girl
•
Guru
Nanak and His Japji
•
(All
publications by) International Bible Students’ Association
•
Islam:
Its Meaning for Modern Man
•
Marquis
de Sade, The - Philosphy in the Bedroom
•
Playing
Cards (Bearing Nude or Bare-Bosomed Female Human Figures)
•
Uninhibited
Blonde
•
(All
publications by) Watch Tower Bible and Tract Society
•
Your
Sex Problems
Prohibited Magazines /
Periodicals: An Incomplete List
•
All 75 Cents Magazine
•
Bounce
•
Continental Nudist
•
Contours de Femme
•
Cosmopolitan
•
Danish Pornorama
•
Elite
•
Female Fiesta
•
Figure Photography Quarterly
•
Girls of Penthouse
•
Girls of Playboy, The
•
How To Decorate A Bachelor’s Apartment
•
Hustler
•
Journal of Sex, The
•
Leg Watcher’s Special No. 1
•
Models
•
Oui
•
Penthouse
•
Playboy, Playgirl, Playguy
Calendar
•
Playboy 1960 Playmate Calendar
Gramophone record
•
Stan Kenton “Hair”
Singapore As A Media Hub:
View From Foreign
Correspondents
Positive Points
•
Infrastructure
•
English
•
School
•
Airport
•
EDB helpful
•
Large number of analysts
•
Renewing employment passes easier
•
Safe & clean--good for kids
•
Hotels good if expensive
•
Publications easier to come by
•
Level playing field for agencies
•
Little limitations on foreign employees
•
MITA helpful, MINDEF too, Labour,
Singapore As A Media Hub
Negative
•
Access to public information officers--PIOs do not answer,
voicemail full
•
Barred from press conferences when not invited, locals only
•
Timing of press releases--7pm
•
Having to fax questions and slow replies
•
Reluctance of academics, etc, to be quoted especially by
foreign media
•
Inability to get press credentials when pay is low
•
Government discourages reporting on some areas in politics
& finance
•
Limit on length of permit--negative/biased coverage from
short-termers and those outside
•
Libel suits
•
Threat from government
•
Regional sensitivities
•
Lack of competition
•
Self-censorship
Conclusion by Foreign Correspondents Club
•
Singapore's importance will rise
•
So there will be more media focus on Singapore
•
Which includes more coverage on politics and finance
Singapore Broadcasting Authority Act
• All stations
have to be licensed
• Contents
are censored
– Exclusionary rules
– Inclusionary rules
– In-house station’s rules
• New rules
on foreign broadcasters
New Rules On Foreign Broadcasters
UK and Canadian Provisions
n Local
television stations cannot broadcast certain material during elections.
n Foreign
television stations cannot be used to circumvent the above rule.
Canada Elections Act 2000
Broadcasting outside Canada
Prohibition—use of
broadcasting station outside Canada
330 (1) No person shall, with intent to influence person to vote or
refrain from voting or vote or refrain from voting for a particular candidate
at an election, use, aid, abet, counsel or procure the use of a broadcasting
station outside Canada, during an election period, for the broadcasting of any
matter having reference to an election.
Prohibition—broadcasting outside Canada
330 (2)During an election
period, no person shall broadcast, outside Canada, election advertising with
respect to an election.
Non-Interference by Foreigners
Prohibition—inducements by
non-residents
331. No person who does not reside in Canada shall, during an election period,
in any way induce electors to vote or refrain from voting or vote or refrain
from voting for a particular candidate unless the person is:
(a) a Canadian citizen; or
(b) a permanent resident as defined
in subsection (2)(1) of the Immigration Act.
UK Provisions
n
UK
Representation of the People Act 1983
n
ITC
rules during elections
n
BBC
guidelines on election reporting
n
Example
of breach of RPA
New Media Watchdog?
– claims not to be a watchdog
but wants to work with the press
–
wants to point out omissions by the press as well
n Channel
News Asia comment by Minister
on MediaWatch
Conclusion
n Media laws in Singapore have not changed except for
the Internet.
–
Standards have changed
n No one wants to be called censorial.