SINGAPORE BROADCASTING AUTHORITY INTERNET CONTENT GUIDELINES

[Mr Speaker in the Chair]

1. Assoc. Prof Walter Woon asked the Minister for Information and the Arts what is the rationale for paragraph 4(d) of the Singapore Broadcasting Authority Internet Content Guidelines which states that any matter that tends to "bring the Government into hatred or contempt, or which excites disaffection against the Government" shall not be allowed.

The Parliamentary Secretary to the Minister for Information and the Arts (Encik Mohamad Maidin B P M) (for the Minister for Information and the Arts): Mr Speaker, Sir, the Singapore Broadcasting Authority (SBA) Internet Content Guidelines help to set a minimum standard of conduct and community values in the parts of cyberspace that affect Singapore. They cover three key areas - (1) Public Morals, (2) Racial and Religious Harmony, and (3) Public Security and National Defence. The guidelines are drawn from the existing laws of Singapore. Paragraph 4(d) of the guidelines, which states that any matter that tends to "bring the Government into hatred or contempt, or which excites disaffection against the Government, shall not be allowed", comes under the area of Public Security and National Defence. It is based on the formulation found in the Sedition Act which has been in place since 1938. The purpose is to outlaw any seditious act, speech, words or publication.

We have repeated these words from the Sedition Act in the Internet guidelines to remind Internet users that the Sedition Act apply as much in cyberspace as it does outside it.

Assoc. Prof. Walter Woon (Nominated Member): Sir, will the hon. Parliamentary Secretary say who will make the decision as to whether any website or posting is politically unacceptable?

Encik Mohamad Maidin B P M: Sir, normally the Singapore Broadcasting Authority will be the authority in charge of overseeing all activities, ie, whether or not it comes under the Sedition Act, whether it is political in nature or it promotes racial hatred and other commentaries. This matter will then be taken up and we will consult the Attorney-General's Chambers for advice as to whether it contravenes our laws or not.

Assoc. Prof. Walter Woon: Sir, I do not believe the Parliamentary Secretary has actually answered my question. We are not talking about committing an offence. We are talking about who is going to make the decision as to whether or not a website should be banned or a posting should be taken off. Who in the SBA? Is there a committee or is it a single person? Is there going to be a group of persons?

Encik Mohamad Maidin B P M: Sir, in the end, it is the Minister who has the power to decide. But before that, we also have the National Internet Advisory Committee which comprises people from the industry and community leaders from various groups who will look into all problems connected with Internet usage in Singapore. It will look into whether serious offences had taken place and recommend whether action should be taken by the Ministry.

Assoc. Prof. Walter Woon: Will there be any appeal procedure if, for example, it is determined that a particular website is political and therefore should not be allowed? Will there be an appeal procedure or will the decision be final?

Encik Mohamad Maidin B P M: Sir, a website that is political in nature is not disallowed. In fact, we have regulations which require political websites to at least register their editors or owners, and they are allowed to operate. The reason why we register them is to ensure some accountability and responsibility as we promote political discussion on the Net.

Assoc. Prof. Walter Woon: Sir, will the Parliamentary Secretary then confirm that it is not the Government's intention to curtail discussion and free expression on the Internet?

Encik Mohamad Maidin B P M: Sir, I can say yes, it is not our intention at all to curtail political discussions on the Internet. Maybe I will draw the Member's attention to some parts of the Sedition Act which allow exceptions to be made, ie, discussions which affect the Government but they were intended for good reasons. In other words, they found something which they thought it necessary to be discussed, reviewed and debated because certain activities in the state may not be good for Singaporeans. If the intention is good, I think the Government will not stop such discussions.

In fact, the reason why we have provided certain laws is to ensure more transparency. People who use the Net would want to be sure that there is a level playing field with certain regulations to protect the innocent. There have been some developments but they are still relatively new. MITA will continue to monitor the situation and try to improve on our regulations either by tightening or loosening them up. These methods will be monitored continuously as the Internet continues to grow in our country.

Assoc. Prof. Walter Woon: For the avoidance of doubt, will the Parliamentary Secretary then confirm that Singaporeans are entitled to disagree with the Government and to say so freely?

Encik Mohamad Maidin B P M: I say yes, Sir.