Curtailing Free Expression, Opinion and Information Online in Southeast Asia
for relevant statements made in good faith in written or oral pleadings or
in their professional appearances before a court, tribunal or other legal
or administrative authority” (Principle 20) and that they are, like other
individuals, entitled to the rights to free expression and association and
“have the right to take part in public discussion of matters concerning the
law, the administration of justice and the promotion and protection of human
rights” (Principle 23).355
Singapore
In Singapore, contempt of court proceedings have been used to
curtail freedom of expression and information under the guise of ‘maintaining
orderly proceedings’, particularly in cases of online criticism touching upon
politically sensitive matters.
In October 2017, the Administration of Justice (Protection) Act
2016 (AJPA) came into force in Singapore, despite well founded concerns
raised by multiple organizations that its vague provisions could result in
abusive interpretation and implementation, given existing trends of use of
contempt of court under common law to limit freedom of expression.356
Prior to the coming into force of the AJPA, contempt of court cases could be
brought under common law by Singapore’s High Court and Court of Appeal
pursuant to section 7 of the Supreme Court of Judicature Act.357
The AJPA lowers the threshold for contempt in what is referred
to as “scandalizing the Court”, expanding judicial powers to punish such
contempt with increased and onerous penalties. Section 3(1) criminalizes
the “scandalizing of court” through (i) “impugning the integrity, propriety or
impartiality” of judges by “intentionally publishing any matter or doing any
act that… poses a risk that public confidence in the administration of justice
would be undermined” (section 3(1)(a)); and (ii) “intentional” publishing of
any material which interferes with pending court proceedings, or sub judice
355 UN Basic Principles on the Role of Lawyers 1990, Available at: https://www.ohchr.org/EN/
ProfessionalInterest/Pages/RoleOfLawyers.aspx
356 FORUM Asia, Think Centre, ‘Singapore: New Contempt of Court Law Further Curtails Limited
Freedom of Expression’, 20 August 2016, Available at: https://www.forum-asia.org/?p=21369;
AWARE, ‘AWARE statement on the Administration of Justice (Protection) Bill’, 10 August 2016,
Available at: https://www.aware.org.sg/2016/08/aware-statement-on-the-administration-ofjustice-protection-bill/; Human Rights Watch, ‘Singapore: Reject Overly Broad Contempt Law’, 8
August 2016, Available at: https://www.hrw.org/news/2016/08/08/singapore-reject-overly-broadcontempt-law; Amnesty International, ‘Singapore: Contempt of court bill is a threat to freedom
of expression’, 16 August 2016, Available at: https://www.amnesty.org/en/latest/news/2016/08/
singapore-contempt-of-court-law/
357 This section is now repealed from the Supreme Court of Judicature Act (Chapter 322) Rev. Ed.
2007.
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