GAZETTING THE ONLINE CITIZEN

GAZETTING THE ONLINE CITIZEN: 9.

Mr Viswa Sadasivan asked the Prime Minister (a) what are the principal considerations for the Government's decision to gazette The Online Citizen (TOC) as a political association; (b) what did the TOC do that differentiates it from other blogs that post political and social commentaries; and (c) what are the principal restrictions on the TOC as a political association in using its new media platforms in a general election.

The Minister for Law (Mr K Shanmugam) (for the Prime Minister): Sir, with your leave, I am answering on behalf of the Prime Minister. The Political Donations Act (PDA) sets out a framework to protect our political process from foreign interference. It prohibits political associations from accepting donations from foreign sources, and requires transparency on large donations received. Several countries have similar laws concerning foreign donations to political and lobby groups, including the United States, Canada, India, France, Japan, Germany, Hong Kong and Taiwan.

The Online Citizen (TOC) is not a passive website that simply hosts social or political commentaries by individuals which have nothing to do with it. It provides coverage, commentary and analysis of political issues, and a platform for discussing such issues. TOC has organised online and offline campaigns to change legislation and Government policies, provided a forum for local politicians, and polls on public support for

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local politicians and on other political issues concerning Singapore.

The PDA defines a "political association" to include "an organisation … whose objects or activities relate wholly or mainly to politics in Singapore and which is declared by the Minister, by order in the Gazette , to be a political association for the purposes of the Act". The Attorney General’s Chambers has advised that TOC is a political association within the meaning of this provision.

Declaring TOC as a political association will not hinder its existing activities, nor impede its freedom of expression. The primary impact of the gazetting is that TOC cannot receive funding from foreign sources, and it cannot receive anonymous donations beyond $5,000 a year.

Apart from the prohibition against foreign funding, there are no additional restrictions on the lawful activities of TOC. It can also continue to receive financial support from Singaporeans and Singapore-controlled companies.

Mr Viswa Sadasivan: I thank the Minister for his comprehensive response as well as the assurance he has provided. I am just wondering if the Government would be able to give further assurance to the ground, and in particular netizens, some of whom were concerned that this particular act of gazetting the TOC is politically motivated.

It appears from what the Minister has highlighted that that is not the motivation. But could we have an assurance from the Government, please?

Mr Shanmugam: Some questions are asked because the answer is sought. Some questions are asked to make a political statement. I think this question falls in that second category. I have made it very clear that, first of all, what the criterion is under the Political Donations Act (PDA) and, second, why we say TOC

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falls within the definition. And when Government makes such a move, it does so with advice from the Attorney-General. Here, there is the advice that, on the facts, TOC is a political association and that therefore it ought to be so gazetted. The facts fit the law and the step was taken, and it has no impact on any activity that TOC wishes to do. That is critical. So whatever netizens or others may think, look at what the consequences are. The consequences are that the main restriction is that TOC cannot receive foreign donations and anonymous donations over $5,000. What is wrong with that?