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Foreign Interference (Countermeasures) Act 2021

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Foreign Interference (Countermeasures) Act 2021
Parliament of Singapore
  • An Act to counteract foreign interference in the public interest, to repeal the Political Donations Act (Chapter 236 of the 2001 Revised Edition) and to make consequential and related amendments to certain other Acts.
CitationAct 28 of 2021
Considered byParliament of Singapore
Passed4 October 2021
Commenced7 July 2022
Legislative history
Bill titleForeign Interference (Countermeasures) Bill
Bill citationBill 24 of 2021
Introduced byK. Shanmugam (Minister for Home Affairs)
Introduced13 September 2021
First reading13 September 2021
Second reading4 October 2021
Third reading4 October 2021
Status: Current legislation

The Foreign Interference (Countermeasures) Act 2021, or Fica/FICA,[1] is a statute of the Parliament of Singapore. Enacted in 2021, it seeks to "protect the public interest by counteracting acts of foreign interference".[2] The Bill was introduced on 13 September 2021 and passed on 4 October 2021.

Background

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Legislation targeting foreign influence in Singapore had been mooted in as early as 2017.[3] In March 2021, Second Minister for Home Affairs Josephine Teo announced that the government was considering the use of "legislative levers" to combat foreign influence.[4]

Key provisions

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The act grants the Minister for Home Affairs the authority to investigate individuals suspected of being foreign agents engaged in "hostile information campaigns". An independent panel, chaired by a judge, will consider appeals against the minister's findings, although persons marked as "politically significant" may not be allowed to file such appeals.[5] Authorities will also be allowed to compel social media platforms and website operators to hand over user data,[6] without any justification in select instances.[7]

Reactions and statements

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Support

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Facebook issued a statement agreeing with the goals of the bill, while also noting that it was worded "very broadly".[8]

Opposition

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Reporters Without Borders described the act as "legal monstrosity with totalitarian leanings", while asserting that "(i)t is clearly independent media outlets that the FICA is targeting on national sovereignty grounds."[9] Activist Thum Ping Tjin claimed that the bill was a "coup" attempt by Minister for Home Affairs K. Shanmugam.[10][11] Member of Parliament Gerald Giam opined that the bill had a "significant impact on free speech and government accountability".[7] In a joint statement published on 1 October, Singaporean academics Cherian George, Chong Ja Ian, Linda Lim, and Teo You Yenn expressed their concern that Fica would curtail academic freedom in the country.[12] A day after the legislation was passed, Amnesty International described Fica as "a tool for crushing dissent".[13] Following K. Shanmugam's parliamentary speech on Fica, several activists, including Kirsten Han, Lim Tean, Jolovan Wham, and Terry Xu, were served with correction orders under the Protection from Online Falsehoods and Manipulation Act for insinuating that he had said that "rule of law does not operate in Singapore".[14]

Legislative history

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The Foreign Interference (Countermeasures) Bill was introduced to Parliament on 13 September 2021 by Minister for Home Affairs K. Shanmugam.[15] On 29 September, the Workers' Party announced amendments it had tabled two days earlier for the next parliamentary sitting. They included judicial oversight, a more precise scope of executive powers under the law to prevent abuse, and greater and transparency as to who was subject to the law. Although party members understood the need to prevent foreign interference, they disagreed with the bill as initially written.[16][17][18] On 30 September, Non-constituency Member of Parliament Leong Mun Wai filed an unsuccessful petition to delay the passage of the bill.[19][20] A second reading of the bill took place on 4 October,[7] during which Shanmugam gave a two-hour-long speech defending Fica,[21] while stating that the government would accept some of the 44 amendments proposed by the Workers' Party.[22] The bill was passed in Parliament the same day, at around 11:15 pm; 75 Members of Parliament (all 70 from the People's Action Party and 5 Nominated Members of Parliament) voted in favour of the legislation, whereas 11 from the Workers' Party and the Progress Singapore Party objected with 2 abstentions (all NMPs).[23][24]

Uses of the Act

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On 2 February 2024, the Registrar of Foreign and Political Disclosures, which operates under the purview of the Ministry of Home Affairs, announced its intention to list Hong Kong-born businessman Philip Chan as a politically significant person.[25] At the time of intended designation, Chan was the president of both the Hong Kong Chamber of Commerce in Singapore and the Kowloon Club, a Singaporean social club helping Hong Kong immigrants to adapt to Singapore. In addition to attending the Chinese People's Political Consultative Conference as an overseas delegate,[26][27] Chan was also a patron of two Singaporean grassroot organisations, namely the Kampong Chai Chee Citizens’ Consultative Committee and the Bukit Timah Community Club management committee.[28] After reviewing his submissions, the Registrar confirmed its designation of Chan as a politically significant person on 26 February 2024, making him the first person in Singapore to be named as such.[29]

On 20 July 2024, the Minister for Home Affairs issued Account Restriction Directions to X, Facebook, Instagram, YouTube and TikTok and requires them to block 95 Guo Wengui-affiliated social media accounts from being accessed in Singapore.[30] The ministry stated these accounts are not operated by Singaporeans, and forms Guo's hostile information campaign against Singapore. Lianhe Zaobao states the accounts' shared Guo's videos claiming that Prime Minister Lawrence Wong is manipulated by the Chinese Communist Party and that Singapore is doomed like Hong Kong.[31]

References

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  1. ^ Ong, Justin (29 September 2021). "WP proposes changes to S'pore's draft anti-foreign interference law, citing need for greater transparency". The Straits Times.
  2. ^ "Foreign Interference (Countermeasures) Bill". Singapore Statutes Online. 13 September 2021. Retrieved 3 October 2021.
  3. ^ Chua, Alfred (1 August 2017). "Discerning electorate best defence against foreign influence: Chan Chun Sing". Today.
  4. ^ Baharudin, Hariz (1 March 2021). "S'pore studying new laws to protect Republic from foreign interference, says Josephine Teo". The Straits Times.
  5. ^ "Understanding FICA" (PDF). Ministry of Home Affairs (Singapore).
  6. ^ "Singapore parliament to debate 'foreign interference' law". Al Jazeera. 4 October 2021.
  7. ^ a b c Jaipragas, Bhavan (2 October 2021). "'The most powerful law' in Singapore: Foreign Interference bill brings concerns for civil society". South China Morning Post. (subscription required)
  8. ^ Mahmud, Aqil Haziq (28 September 2021). "Facebook agrees with Singapore Government on tackling foreign interference, but says proposed law worded 'very broadly'". CNA.
  9. ^ "Singapore's foreign interference bill – legal monstrosity with totalitarian leanings". Reporters Without Borders. 23 September 2021. Retrieved 3 October 2021.
  10. ^ "K Shanmugam on misconceptions about Foreign Interference (Countermeasures) Bill (FICA) in Singapore". CNA. 4 October 2021.
  11. ^ Jaipragas, Bhavan (4 October 2021). "Singapore parliament passes foreign interference bill amid opposition calls for checks on abuse of power". South China Morning Post.
  12. ^ Kurohi, Rei (3 October 2021). "Academic activities not under threat from anti-foreign interference law: MHA". The Straits Times.
  13. ^ "Singapore: Foreign interference law is a tool for crushing dissent". Amnesty International. 5 October 2021. Retrieved 6 October 2021.
  14. ^ Chua, Nadine (9 October 2021). "Pofma Office to issue targeted correction direction to Twitter over Jolovan Wham's post". The Straits Times.
  15. ^ Baharudin, Hariz (13 September 2021). "Proposed law seeks to counter foreign interference in S'pore politics, measures include take-down and blocking orders". The Straits Times.
  16. ^ "Amendments to the Foreign Interference (Countermeasures) Bill". The Workers' Party. 29 September 2021. Retrieved 31 January 2022.
  17. ^ Ong, Justin (29 September 2021). "WP proposes changes to S'pore's draft anti-foreign interference law". The Straits Times. Retrieved 31 January 2022.
  18. ^ Mahmud, Aqil Haziq (29 September 2021). "WP proposes changes to draft foreign interference law, amendments to be discussed in Parliament". CNA. Retrieved 31 January 2022.
  19. ^ Ong, Justin (30 September 2021). "PSP NCMP submits petition to Parliament to delay anti-foreign interference law pending more consultation, scrutiny". The Straits Times.
  20. ^ Ong, Justin (4 October 2021). "Debate on proposed law to counter foreign interference goes ahead after petition to delay it fails". The Straits Times.
  21. ^ "K Shanmugam on Singapore's Foreign Interference (Countermeasures) Bill". CNA. 4 October 2021.
  22. ^ Jaipragas, Bhavan. "Singapore law minister defends foreign interference bill as 'best balance' to face risks, check against abuse". South China Morning Post.
  23. ^ Ong, Justin (4 October 2021). "Singapore passes law to counter foreign interference after 10-hour Parliament debate". The Straits Times.
  24. ^ "Singapore passes foreign interference law allowing authorities to block internet content". The Guardian. 5 October 2021.
  25. ^ "Intended Designation of Chan Man Ping Philip As Politically Significant Person Under the Foreign Interference (Countermeasures) Act". Ministry of Home Affairs (Singapore). 2 February 2024. Retrieved 26 February 2024.
  26. ^ Chew, Hui Min; Tham, Davina (2 February 2024). "Singaporean businessman the first person to be served 'notice of intended designation' under foreign interference law". CNA (TV network). Retrieved 26 February 2024.
  27. ^ "新加坡列港商陳文平為「具政治影響力者」 疑因「講好中國故事」被指活動具政治目的". Sing Tao Daily. 26 February 2024. Retrieved 26 February 2024.
  28. ^ Fang, Chin Soo (2 February 2024). "Who is Philip Chan, the man against whom S'pore has invoked its foreign interference law?". The Straits Times. Retrieved 5 February 2024.
  29. ^ "Designation of Chan Man Ping Philip as a Politically Significant Person Under the Foreign Interference (Countermeasures) Act 2021". Ministry of Home Affairs (Singapore). 26 February 2024. Retrieved 26 February 2024.
  30. ^ "Issuance of Account Restriction Directions Under the Foreign Interference (Countermeasures) Act 2021 Against 95 Social Media Accounts Linked to a Foreign Network". Ministry of Home Affairs (Singapore). 19 July 2024. Retrieved 20 July 2024.
  31. ^ "内政部下令屏蔽与郭文贵相关95社媒账号 疑用来发动针对我国敌意信息宣传". Lianhe Zaobao. 20 July 2024. Retrieved 20 July 2024.
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