New law to protect racial harmony passed

A new law that consolidates existing statutes to preserve racial harmony while providing for additional safeguards was passed in Parliament on Feb 4.

The Maintenance of Racial Harmony Bill was passed unanimously after five hours of debate, and accompanying amendments to the Constitution were approved with 78 MPs voting in favour, and seven Workers’ Party MPs voting against.

While the authorities already had powers to deal with conduct that threatens racial harmony, Home Affairs and Law Minister K. Shanmugam said the Bill brought these powers together in one place, while affirming the importance of racial harmony here.

The new law empowers the authorities to issue restraining orders against individuals involved in making content that prejudices Singapore’s racial harmony, taking close reference from the existing Maintenance of Religious Harmony Act (MRHA).

It also introduces a community remedial initiative, which gives those who have committed less egregious race-related offences a chance to mend community ties in lieu of prosecution.

New safeguards against foreign interference will also be introduced, with some 300 clan and business associations here to be designated “race-based entities” subject to disclosures – such as on foreign donations.

“We have always treated racial harmony as being fundamental in Singapore, and so this Bill has to be seen in that context,” Mr Shanmugam said. “Multiracialism, underpinned by racial harmony, is a foundational principle for us.”

During the debate, which was joined by 15 MPs, Mr Shanmugam sought to allay concerns that the legislative changes would curtail free speech.

For instance, Mr Yip Hon Weng (Yio Chu Kang) and Mr Gerald Giam (Aljunied GRC) raised concerns that the Government’s new power to issue restraining orders could stifle legitimate discourse, while Non-Constituency MP Hazel Poa sought clarity on scenarios where this power would be used.

Mr Shanmugam said the best evidence of how these powers are likely to be used is how the Government has used similar powers it has had since the MRHA was enacted in 1990.

No orders have been issued under the MRHA to date, but the legal framework means everyone understands what is not allowed in Singapore, he added.

“That gives you an indication of how the Government approaches these powers. The important thing is to have the powers, but also to be very, very careful and judicious in how you use them,” he said.

He cited a past case where a preacher made highly disparaging remarks on YouTube about Buddhism and Taoism. Officials spoke to the preacher, who agreed to withdraw his remarks.

“We didn’t need to resort to issuing an order... the fact that we had the power helped, and after that, others took reference from that (case),” Mr Shanmugam said.

Ms Poa raised various scenarios to seek clarity on when the Government would exercise its new powers.

They included remarks that a property agent, Mr Shaik Amar, made in July 2024 on the Ethnic Integration Policy that drew a correction direction under the fake news law, and whether making comments online such as “Free Palestine now” would attract a restraining order.

Mr Shanmugam said the scope of unacceptable conduct regarding race relations remains substantively the same, as offences under the new law cover what is already in the Penal Code.

He said he did not recall Mr Amar having said anything that crossed the criminal threshold.

“If he didn’t cross the criminal threshold then, he won’t cross the criminal threshold now,” the minister added.

On online comments that call for Palestine to be free, he said that these are not calls for violence but expressions of opinion.

Ms Poa also asked about the use of umbrellas painted with watermelon imagery – associated with the Palestinian cause – and the wearing of a keffiyeh at a university graduation ceremony.

Mr Shanmugam said acts that did not flout existing racial harmony laws will still not be offences, but added that there are other laws governing protected places and which regulate public assemblies.

“I would suggest, therefore, a careful understanding of the (Bill’s) provisions. Otherwise, there is a serious risk that the public may be misled,” he said.

Mr Shanmugam noted that the new law has safeguards in place beyond the minister who issues the restraining order, as such an application would have to be sent to a new Presidential Council for Racial and Religious Harmony, which will make recommendations to the president on whether to confirm, cancel or vary the order.

MPs also raised questions about the new measures against foreign interference, which will require designated “race-based entities” to disclose their foreign affiliations, foreign donations and leadership composition, among other regulations.

Mr Dennis Tan (Hougang), Nominated MPs Syed Harun Alhabsyi and Neil Parekh and others asked whether the new requirements would stifle or deter participation in these organisations.

Mr Shanmugam said he agreed entirely that Singapore must remain open, and a consistent message by government leaders here over the last 60 years is that the nation must be open and interact with the world.

Yet, it also means that groups like clan associations can potentially be vectors of influence from countries that want to influence Singapore’s politics, he added.

The authorities have engaged many race-based entities here, and they understand and accept the need for such safeguards, said Mr Shanmugam.

“The intent is to safeguard from malicious foreign influence, not to curtail legitimate exchanges, business deals or trade promotion activities conducted by our clan or business associations,” he added.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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