05/10/2021

Singapore passes FICA law to counter foreign interference


Update 8 Oct 2021: MHA asks 9 to correct false statements, apologise for misrepresenting minister's remarks on rule of law
Mr K Shanmugam's comments came towards the end of the 10-hour long debate where he was responding to MPs' remarks on the role of the judiciary in overseeing Fica. PHOTO: MCI

The Ministry of Home Affairs (MHA) has issued letters to nine entities, asking them to correct false statements and apologise for misquoting what Home Affairs and Law Minister K. Shanmugam had said on the rule of law in Parliament on Monday (Oct 4). These misrepresentations were also published by news website Mothership in its article on Wednesday (Oct 6).

As at Thursday (Oct 7) night, seven have corrected their posts and apologised for what they did, MHA said in a statement. Checks show the seven are activists Andrew Loh, Kirsten Han, Martyn See, Julie O'Connor, Kokila Annamalai and Lynn Lee, and Facebook page Wake Up Singapore. The other two are Peoples Voice chief Lim Tean and activist Jolovan Wham.

Mothership has also published an editor's note to clarify and correct the misrepresentation, the ministry added.


Singapore passes controversial law to counter foreign interference
Critics of the new law have raised concerns over its broad scope and limits on judicial review

Singapore has passed a controversial law aimed at countering foreign interference, in a move that critics say could be used to stifle dissent. It allows authorities to order social media sites and Internet providers to disclose user information or block content that could be carried out by foreign entities or local proxies.

Singapore says such a law is needed to counter "serious threats". The law was passed on Monday after 10 hours of heated parliamentary debate. But the broad scope of the Foreign Interference (Countermeasures) Act, also known as Fica, has sparked concern. "Today's passage of FICA constitutes a human rights disaster for community activists, independent media, and opposition politicians because it hands arbitrary power to the Singaporean government to punish anyone based on vague allegations of involvement with foreigners," Phil Robertson, deputy Asia director at Human Rights Watch, said in a statement.

"Using this law, the government can ... shut down viewpoints it doesn't like. Once again, Singapore demonstrates how little faith it has in its democracy by resorting to political measures better suited to authoritarian regimes that don't trust their people."


Singapore passes ‘most powerful’ foreign interference law amid fears of ever-shrinking space for dissent
Reporters record a speech by Singapore Prime Minister Lee Hsien Loong that was streamed on Facebook Live in July 2020 as votes in the general election were counted. (Roslan Rahman/AFP/Getty Images)

Singapore’s Parliament has passed a law aimed at countering foreign interference that is potentially so powerful rights groups and legal experts worry it could crush public debate in a city-state where authorities are already frequently accused of curbing civil liberties.

The law, approved late Monday after a 10-hour session, would allow authorities to compel Internet service providers and social media platforms to provide user information, block content and remove applications used to spread content they deem hostile. Groups and individuals involved in local politics can also be designated “politically significant persons,” which would require them to disclose foreign funding sources and subject them to other “countermeasures” to reduce the risk of overseas interference.

Legal experts say the law risks capturing legitimate civil activities undertaken by Singaporeans. The move is the latest in a series of legislation that critics say has reduced space for public debate. In 2019, the government targeted “fake news” with another far-reaching law; in a separate incident, a prominent anti-establishment news website went offline in September after its license was suspended.


EXPLAINED: 'Toy Gun' Or 'Totalitarian Leanings'? Why Singapore Law On Foreign Meddling Has Sparked Debate
The Singapore Parliament. The FICA legislation was debated for 10 hours by Singapore lawmakers before it was passed

According to the words of the legislation, it is intended to “protect the public interest by counteracting acts of foreign interference". Singapore’s Law and Home Affairs Minister K Shanmugam said the aim is to “address a serious threat that concerns our national security and sovereignty".

The Act hands sweeping powers to designated authorities in Singapore to employ “countermeasures" targeted at preventing online publication and circulation of material deemed to be in violation of its terms and also requires individuals and entities regarded as being in a position to exert political influence to make disclosures of any foreign associations.

With a view to clamping down against ‘hostile information campaigns’, authorities can invoke FICA to order internet and social media companies to share user information, block content and also take down any app that is deemed to be exerting a subversive influence in Singapore’s political discourse, a threat that the government said was immediate and palpable.


Singapore passes law to tackle 'foreign interference,' giving authorities the power to block internet content

Singapore's Parliament has approved a law giving broad powers to the government to deal with foreign interference -- sparking concern from the opposition and experts about its wide scope and limits on judicial review. The small and open city-state, which says it is vulnerable to foreign meddling, targeted fake news with a far-reaching law in 2019.

The bill, formally known as the Foreign Interference Countermeasures Act (FICA), was passed late Monday local time with 75 members voting in favor, 11 opposition members objecting and two abstaining, local media reported.

Among the measures, FICA allows authorities to compel internet and social media service providers, as well as website operators, to provide user information, block content and remove applications. Those deemed or designated as "politically significant persons" under the law will have to comply with strict rules relating to donations and declare their links to foreign entities. Instead of court, an independent tribunal -- chaired by a judge -- will hear appeals against the minister's decisions, a move the government says is necessary to protect national security.


Singapore parliament approves law to tackle foreign interference

Singapore's parliament has approved a law that gives broad powers to the government to deal with foreign interference that has sparked concern from the opposition and experts about its wide scope and limits on judicial review.

The small and open city-state, which says it is vulnerable to foreign meddling, targeted fake news with a far-reaching law in 2019, and joins nations such as Australia and Russia that have passed laws in recent years to deter foreign interference.

The bill, formally known as the Foreign Interference Countermeasures Act (FICA), was passed late on Monday with 75 members voting in favour, 11 opposition members objecting and two abstaining, local media reported. Among the measures, FICA allows authorities to compel internet, social media service providers and website operators to provide user information, block content and remove applications.


Singapore passes law to counter foreign interference after 10-hour Parliament debate
The Fica Bill was passed with 75 MPs saying "yes", 11 MPs from the WP and PSP objecting, and two NMPs abstaining. PHOTO: ST FILE

A law against foreign interference was on Monday (Oct 4) passed by Singapore's Parliament after a 10-hour airing in the House, three years after it was first raised and three weeks after the extensive, hotly debated legislation was tabled.

"This Bill is intended to address a serious threat that concerns our national security and sovereignty," said Law and Home Affairs Minister K. Shanmugam.

"And these are important to ensure that Singaporeans continue to make our own choices on how we should govern our country and live our lives."


‘The most powerful law’ in Singapore: Foreign Interference bill brings concerns for civil society
The Fica bill will allow authorities to demand user information from internet companies and target people deemed to be collaborating with foreign actors

With Singapore imposing fresh Covid-19 restrictions in recent days amid surging new cases, the vaccine pacesetter’s stuttering approach to adhering to its once-vaunted “living with the virus” blueprint has been the talk of the town.

In all likelihood, that topic – heatedly being debated by residents on social media, online forums and sparsely occupied coffee shops – will be on the back burner when the country’s parliament convenes on Monday.

Instead, political observers expect the main action to come during the second reading debate on the draft foreign interference bill. Described by veteran political commentator Eugene Tan as having “the makings of being the most powerful law on our statute books”, the 249-page Foreign Interference (Countermeasures), or Fica, bill was introduced for a first reading on September 13.



Singapore Passes Contentious Law to Counter Foreign Interference
Law gives government new powers to block ‘harmful’ content

Singapore’s parliament passed a bill preventing foreign entities or individuals from influencing politics in the country, amid criticism from the opposition and rights groups who said the new law gives the government sweeping powers to target dissent online.

The Foreign Interference (Countermeasures) Bill, gives officials the authority to order social media platforms like Facebook Inc. and Internet service providers to disclose information behind harmful content they suspect may be carried out by foreign actors or entities. The government has long defended the need for such laws, saying Singapore is especially vulnerable to fake news and hostile information campaigns given that it is a financial hub with a multiethnic, international population that enjoys widespread Internet access.

“The threat we face, as I said, is people armed with bazookas and I describe this legislation as a toy gun. Singapore believes in the law, so we give ourselves legal powers,” Law and Home Affairs Minister K. Shanmugam said in parliament on Monday during a ten-hour debate. “But in reality the kind of threats we face, the kind of adversaries and the resources they have in terms of manpower, are far greater than what we have,” he added.


Singapore passes foreign interference law allowing authorities to block internet content
Experts have raised alarm the bill is a tool to crush dissent, with media watchdog saying it carries ‘the seeds of the worst totalitarian leanings’

After a marathon sitting, Singapore has passed a bill aimed at preventing foreign interference in domestic politics.

Singapore’s parliament has passed a law aimed at preventing foreign interference in domestic politics, which the opposition and activists have criticised as a tool to crush dissent.

The law, approved after a marathon session that stretched to near midnight on Monday, would allow authorities to compel internet service providers and social media platforms to provide user information, block content and remove applications used to spread content they deem hostile.


Parliament passes Bill to deal with foreign interference after 10-hour debate
A screenshot of Law and Home Affairs Minister K Shanmugam speaking during a debate on the Foreign Interference (Countermeasures) Bill in Parliament on Monday (Oct 4)

Legislation designed to counter foreign interference was passed in Parliament on Monday (Oct 4), with a majority of 75 to 11.

The Foreign Interference (Countermeasures) Bill (FICA), tabled in Parliament three weeks ago, seeks to prevent, detect and disrupt the use of hostile information campaigns and local proxies by foreign entities intending to interfere in domestic politics.

All People’s Action Party (PAP) MPs present voted for the Bill, as did four Nominated Members of Parliament (NMPs), while 10 Workers’ Party (WP) MPs and Non-Constituency Member of Parliament Leong Mun Wai from Progress Singapore Party (PSP) voted against it. Two NMPs abstained.


'Wholly incongruous' that govt did not seek public feedback on FICA: Pritam
Leader of the Opposition Pritam Singh addresses Parliament. (SCREENSHOT: Ministry of Communications and Information/YouTube channel)

It is "wholly incongruous" that the government did not seek public feedback on the controversial Foreign Interference (Countermeasures) Bill before introducing it in Parliament, said Leader of the Opposition (LO) Pritam Singh on Monday (4 October).

Addressing Parliament during the second reading of the Bill, Singh alluded to Prime Minister Lee Hsien Loong's remarks at the 36th People's Action Party (PAP) Conference last November, when he acknowledged that Singaporeans had expressed a desire for greater checks and balances, and that the PAP government must change and respond to these desires and expectations.

In this regard, said the Workers' Party chief, "it is wholly incongruous for the government to accept that the public of today desires greater checks and balances but then omits to seek public feedback on a Bill that does away with substantive judicial review." He added, "What is more perplexing is that we know the government had been mulling the introduction of this Bill for many months – why was it so difficult to undertake a period of public consultation before it was tabled for first reading?"



Singapore ruling party defends ‘foreign interference’ bill
The law, approved after a marathon session that stretched to near midnight, would allow authorities to compel internet service providers and social media platforms to provide user information, block content and remove applications used to spread content they deem hostile

Singapore’s ruling party late Monday passed a law aimed at preventing foreign interference in domestic politics, which the opposition and activists have criticised as a tool to crush dissent.

The law, approved after a marathon session that stretched to near midnight, would allow authorities to compel internet service providers and social media platforms to provide user information, block content and remove applications used to spread content they deem hostile.

Groups and individuals involved in local politics can be designated as “politically significant persons”, which would require them to disclose foreign funding sources and subject them to other “countermeasures” to reduce the risk of overseas meddling. Violators risk prison terms and hefty fines on conviction.


Shanmugam rubbishes claims that foreign interference bill is meant to make him 'most powerful man' in S'pore

During the debate on the proposed Foreign Interference (Countermeasures) Bill on Monday (Oct. 4), Minister for Law and Home Affairs K Shanmugam refuted several claims made by critics of the Bill.

Speaking in Parliament, Shanmugam brought up two people specifically: PJ Thum, Managing Director of socio-political site New Naratif, and freelance journalist Kirsten Han, the site's co-founder and former Editor-in-chief.

In his speech, Shanmugam also rubbished claims made in a recent commentary by Thum, who claimed that the bill could theoretically be used to launch a "stealth coup" organised by Shanmugam, in order to make the Home Affairs Minister the "most powerful man in Singapore".

related:


Cases where POFMA has been invoked
Health Minister orders POFMA correction directions to States Times Review, Facebook over COVID-19 post

Health Minister Gan Kim Yong has instructed that a correction direction be issued to Mr Alex Tan, the owner of the States Times Review (STR) Facebook page, said the Protection from Online Falsehoods and Manipulation Act (POFMA) Office on Friday (Feb 14). 

He also ordered that a targeted correction direction be issued to Facebook, which hosted the Feb 13 post by STR that is said to contain "multiple false statements" about the COVID-19 situation. STR's correction direction requires it to carry a correction notice alongside the article, while Facebook's targeted correction direction requires it to publish a correction notice on the relevant STR Facebook post.

Facebook had issued a correction notice last year for another STR post, in a first for the platform. According to a Factually article on the Gov.sg website, the COVID-19 post claimed five points that were "entirely false". 


An alternative way to curtail press freedom

Singapore has been coloured black on the World Press Freedom Index map since 2020, meaning the situation there is now is classified as “very bad”. Despite the “Switzerland of the East” label often used in government propaganda, the city-state does not fall far short of China when it comes to suppressing media freedom. Prime Minister Lee Hsien Loong’s government is always quick to sue critical journalists, apply pressure to make them unemployable, or even force them to leave the country.

The Media Development Authority has the power to censor all forms of journalistic content. Defamation suits are common and may sometimes be accompanied by a sedition charge that is punishable by up to seven years in prison. The political control is coupled with an economic straitjacket. Two business groups control all of Singapore’s print and broadcast media. One, MediaCorp, is owned by a state investment company. The other, Singapore Press Holdings, is supposedly privately-owned but the government appoints those who run it. As a result, self-censorship is widespread, including within the alternative independent media, which are intimidated by the judicial and economic pressure.

The red lines imposed by the authorities, known by Singapore’s journalists as “OB markers” (for out-of-bounds markers), apply to an ever-wider range of issues and public figures. After 2015, the authorities have also started sending bloggers emails threatening them with up to 20 years in prison if they don’t remove annoying articles and fall into line. Finally, the Orwellian provisions of the “anti-fake news” law adopted in 2019 forces all media outlets and digital platforms to post “corrections” to any content that the government may arbitrarily deem to be “incorrect”. This censorship bureau 2.0 has enabled the government to impose its own version on a range of subjects including the death penalty, the salary paid to the prime minister’s wife, and its handling of the Covid-19 crisis.



Full Coverage:
Singapore ruling party defends 'foreign interference' bill
Singapore parliament debates bill to tackle foreign interference
Foreign interference Law passed after long debate over its extensive powers
Singapore parliament approves 'foreign interference' bill
Singapore Passes Contentious Law to Counter Foreign Interference
WP chief Pritam Singh calls for more checks in law on foreign interference
Parliament debates proposed law to counter foreign interference
More checks and balances needed in proposed foreign interference law
Sun Xueling on Foreign Interference (Countermeasures) Bill
Shahira Abdullah on Foreign Interference (Countermeasures) Bill
Singapore’s racial mix 'easily exploitable' by different countries: Shanmugam
WP questions speed at which foreign interference Bill was tabled
S'poreans who join foreign political parties must declare under foreign interference
Pritam Singh on Foreign Interference (Countermeasures) Bill
Not true that FICA seeks to curtail 'normal interactions' with foreigners
Singapore parliament to debate ‘foreign interference’ law
Few Singaporeans aware of 'serious threat' of foreign influence operations
Proposed foreign interference law considered for over 3 years: Shanmugam
'Wholly incongruous' that govt did not seek public feedback on FICA: Pritam
Singapore parliament to debate bill to tackle foreign interference
Gerasimov Doctrine?Spamouflage Dragon?10 unusual terms from the Fica debate
Calls for public consultation and more accountability among objections to Fica
Separation of powers, rule of law fundamental principles,need to 'look at what works'
'No angels in this game': How foreign govts influenced politics in other countries
Law grants new extraterritorial powers to pursue overseas actors, online platforms
Spore’s foreign interference bill passed opposition calls for more judicial oversight
Foreign interference in Singapore extensively discussed since 2018
Foreign interference 'far greater risk' than rogue government abusing power
Following Australia, Singapore approves its own foreign interference law
Singapore passes law to counter foreign interference in domestic politics
Petition to delay Singapore's Foreign Interference Act fails to put off debate
Singapore ruling party defends 'foreign interference' bill
Singapore parliament to debate 'foreign interference' law
Parliament passes Bill to deal with foreign interference
Singapore passes law to counter foreign interference after 10
Spore’s foreign interference bill passed,opposition calls more judicial oversight

Anti-foreign interference Bill already has proportionality

‘The most powerful law’ in Singapore: Foreign Interference bill sparks concern
Zaqy Mohamad on petition on Foreign Interference
Sharael Taha on Foreign Interference (Countermeasures) Bill

Xie Yao Quan on Foreign Interference (Countermeasures) Bill

Liang Eng Hwa on Foreign Interference (Countermeasures) Bill

Anti-foreign interference Bill - 3 areas of concern, Opinion

Tan Yia Swam on Foreign Interference (Countermeasures) Bill

Zhulkarnain Abdul Rahim on Foreign Interference

Seah Kian Peng on Foreign Interference (Countermeasures)

Singapore's foreign interference bill – legal monstrosity

Parliament to debate proposed law to counter foreign

WP proposes changes to S'pore's draft anti-foreign

Darryl David on Foreign Interference (Countermeasures) Bill

Louis Ng on Foreign Interference (Countermeasures)

Singapore's draft anti-foreign interference law

Singapore Proposes Online Foreign Interference Bill

Singapore introduces bill to counter foreign interference

Singapore's main opposition party seeks changes to foreign

How real is the threat of foreign interference?

Workers' Party proposes amendments to foreign interference

Singapore parliament to debate bill to tackle foreign

Draft law doesn't bar meetings by groups with foreigners who
Spore tables new foreign interference law citing cases in Australia, EU
With New Law, Singapore Takes Aim at 'Foreign Interference'

Draft law upgrades S'pore's arsenal against foreign

Tan Cheng Bock: Foreign interference legislation shouldn't be

Maruah, Think Centre criticise draft foreign interference law

Singapore Introduces Proposed New Laws to Counteract

He Ting Ru quotes Pritam Singh on FICA checks & balances

How other countries have thwarted foreign interference

In new bill, designated 'Politically Significant Persons' must

FICA could affect perceptions of Singapore as global hub

Singapore Parliament to Debate Bill to Tackle Foreign Interference

Home Affairs Minister to get powers & tools to negate hostile
Spore's Newly Proposed Law Against Foreign Interference Includes Content

Spore government tabled the Foreign Interference (Countermeasures) Bill