The government may soon be able to make restraining orders against content that threatens racial harmony.

This was one of the proposed measures put forth by the Ministry of Home Affairs (MHA), as part of the Maintenance of Racial Harmony Bill coming out later in 2024.

MHA stated that the Maintenance of Religious Harmony Act enacted in 1990, and amended in 2019, is one of the measures to preserve religious harmony.

MHA said the objectives pursued by the Maintenance of Religious Harmony Act apply in the context of racial harmony as well, and serve as the "impetus" for the proposed Maintenance of Racial Harmony Bill.

In a statement to the media on Apr. 16, MHA highlighted three main points about the proposed bill:

1. Review race-related offences

MHA said the bill will "port over" Penal Code offences which deal with threats to racial harmony.

These include acts which "wound the racial feelings of any person", "promote enmity, hatred, or ill will between racial groups", or are otherwise "prejudicial to inter-racial harmony", currently covered under Sections 298 and 298A of the Penal Code.

To further deter race-related violence, the bill will also make it an offence to "urge violence against other groups or their members, on the grounds of race".

Under the proposed changes, offenders will continue to face the same enhanced penalties currently stated under Section 74 of the Penal Code.

MHA stated however, that they are also "mindful to strike a balance between keeping public discourse free from hateful or offensive speech, and allowing space for legitimate discourse, private communications, and remarks made in good faith".

2. Restraining orders against content harming racial harmony

Next, the bill proposes to enable the Minister for Home Affairs to make restraining orders (ROs) against the production or distribution of content that "prejudices" the maintenance of racial harmony in Singapore.

An RO can prevent parties from:

• Being involved in the communication or distribution of specified information or material
• Addressing a specified audience on a specified subject
• Printing, editing, assisting, or contributing to a specified publication
• Holding office in an editorial board or a committee of a specified publication

MHA said this will allow the government to "quickly and pre-emptively" act against material that "threatens racial harmony" without having to establish that the perpetrator is engaging in criminal conduct, adding that it is "similar" to the RO regime in the existing Maintenance of Religious Harmony Act.

The decision to implement specific ROs will be subject safeguards like those found in the Maintenance of Religious Harmony Act, said MHA.

Review of restraining orders through Presidential Council

Under the proposed bill, ROs will be reviewed by a Presidential Council, and the target of an RO will be able to make representations to the council.

MHA said the council will consist of "individuals who represent the different racial groups in Singapore or have distinguished themselves in public or community service".

Recommendations from the council, along with advice from the Cabinet, will then be sent to the President.

Should the council's recommendation differ from the Cabinet's advice, the President has discretion to decide whether to confirm, cancel, or vary the RO.

3. Guarding against foreign influence

Lastly, the bill will also introduce safeguards against foreign influence from race-based organisations.

While the laws in the Maintenance of Religious Harmony Act apply to all religious groups, the ones in the proposed Maintenance of Racial Harmony Bill will apply only to designated race-based organisations.

"Race-based organisations are a much larger and more diverse group, and it is neither necessary nor desirable at this juncture for such safeguards to apply to all race-based organisations," explained MHA.

Under the proposed bill, "designated entities" that promote the interests of a racial group or sub-group will be required to disclose foreign donations and foreign affiliations, and disclose their leadership composition and/or comply with leadership requirements.

The Minister for Home Affairs will also be able to impose "additional safeguards to counter foreign influence", MHA said, adding that it would "engage community stakeholders" to get feedback on these proposals.

Mending ties

"Racial incidents not only impact the victim, but also damage the ties between different races," stated MHA.

MHA said there are "remedial initiatives" that occur on an ad hoc basis, such as when they are initiated "out of goodwill" by community partners.

As such, the government intends to have a separate set of "reparative measures" alongside the bill. These measures may be offered to an offender as an alternative to prosecution, giving the offender a chance to "learn from his mistakes", MHA said.

"Such an approach helps the aggrieved community take a more reconciliatory view towards an offender and strengthens understanding between races," MHA explained, adding that members of the public are "welcome to provide feedback or suggestions on the proposed reparative measures."

"Softer approach"

Prime Minster Lee Hsien Loong previously spoke about the proposed Maintenance of Racial Harmony Act during his National Day Rally Speech on Aug. 29, 2021.

He said the law would allow the government to take a “softer approach” toward those who have committed offences impacting racial harmony.

Asking the public

MHA is inviting the public to share their views on the above proposals, as well as any suggestions they might have on the bill.

Feedback must be submitted by May 14, 2024.

Top image via Lee Hsien Loong/Facebook