Media Law In Singapore: A Model Of Rule By Law

Media law in Singapore is a model of Rule by Law, instead of Rule of Law as declared by the government. The analysis of media legislations in this paper reveals that these laws are used as tools by the authoritarian government to tame the media, the role of which is defined as a nation-building instrument for economic progress, social cohesion and political stability, instead of being a watchdog. Further more, the weak separation of power in Singapore makes it easier for the government to amend laws to deter media in both obvious and subtle ways.The rights-based analysis framework introduced in this paper shows that substantive political and cultural virtues of good laws like human rights are ignored or second to national interests. Four main rights closely connected to media are analysed in this paper: the right to speak, the right to know, the right to reputation and the right to privacy. The analysis finds that the former two rights are always restrained in Singapore, and the latter two balancing rights show a heavy slant towards political leaders. Specifically, the right of expression is severely restricted as a Constitutional right. Licenses are imposed on all medium forms. Defamation laws, deemed as a balance between the right to speak and the right to reputation, show a tendency to protect reputation and were frequently used by the government leaders as a weapon against media workers. Chilling effects of these defamations laws on media are strengthened with criminalisation of defamation, a harsh system of contempt of court and denial of source confidentiality. Another basic right of the public to be informed is not yet secured by any law, but the government has the right to keep secrets for public interests. The newly-invented right of privacy is also not fully guaranteed by any legislation. When it comes to the Internet era, the government adopts the principle of "Offline Laws Apply Online", putting the online world under the same regulations of the offline media. A natural result of various laws and strict enforcement is a self-censored media environment without meaningful journalist associations and codes, as well as investigative journalism.