Rapper Subhas Nair’s appeal dismissed, starts jail term for trying to promote ill will between groups
Source: Straits Times
Article Date: 06 Feb 2025
Author: Selina Lum
Judge says Nair showed disregard for the law as six-week prison sentence upheld.
Local rapper Subhas Nair started serving a six-week prison sentence on Feb 5 after the High Court dismissed his appeal over four counts of trying to promote feelings of ill will between different racial and religious groups in Singapore.
His sister, Ms Preeti Nair, a YouTuber better known as Preetipls, was among a handful of supporters who were in court for the verdict.
The rapper, whose full name is Subhas Govin Prabhakar Nair, 32, had claimed trial to the four charges in March 2023. He was convicted and sentenced by a district court later that year.
The first charge centred on a video by City Revival Church founder Jaime Wong and social media influencer Joanna Theng.
The two women had made remarks linking the gay pride movement to Satan.
Nair responded to the video with a message on Instagram on July 25, 2020, stating: “If two Malay Muslims made a video promoting Islam and saying the kinds of hateful things these Chinese Christians said, ISD (Internal Security Department) would have been at the door before they even hit ‘upload’.”
He removed the post on Nov 2, 2020.
His second charge involved another Instagram post, in which he responded to a news article about Mr Chan Jia Xing, then 27.
Mr Chan was initially charged with murdering Mr Satheesh Noel Gobidass, 31, at Orchard Towers in July 2019.
Mr Chan’s murder charge was later reduced to that of consorting with a person carrying an offensive weapon in a public place and he was given a conditional warning in October 2020.
Among other things, Nair had stated in his Instagram post: “Calling out racism and Chinese privilege, two-year conditional warning and smear campaign in the media.”
The man who actually killed Mr Satheesh, Tan Sen Yang, was sentenced to life imprisonment and 12 strokes of the cane for murder in April 2024.
The third charge concerned a stage play Nair performed at the Substation, where he displayed a hand-drawn replica of the post relating to Mr Chan.
The fourth charge was over a rap video featuring Nair that was posted on YouTube on July 29, 2019, which contained lyrics that were deemed offensive to Chinese people.
He said the rap video was made in response to an advertisement that featured local actor Dennis Chew playing multiple roles, including that of an Indian man by way of a digitally altered “brown face”.
Brownface is a social phenomenon, usually involving a light-skinned person pretending to be somebody of a different ethnicity who has a darker complexion.
Nair was represented by Mr Too Xing Ji in his appeal against both his conviction and sentence. The appeal was heard over three days in August and October 2024.
Mr Too argued that it had not been proven that Nair had a malicious intent to promote racial hostility.
For instance, Nair’s post in the first charge highlighted unequal policing among the different racial and religious communities, and was an emotive response that was typical of social media interaction.
And while the rap video was offensive, his words did not expose the Chinese community to detestation or vilification, or incite disorder or violence, he argued.
On Feb 5, Justice Hoo Sheau Peng dismissed the appeal.
The judge said she agreed with the lower court that Nair had knowingly tried to promote feelings of ill will on all four charges.
She said that under the law, there is no requirement to prove deliberate malicious intent.
As for the sentence, Justice Hoo disagreed with Nair’s argument that a fine of not more than $5,600 should be imposed.
The judge noted that the speed and scale in which one’s views may be promulgated online makes social media a powerful and virulent means of communication.
“In light of the magnitude of potential harm which may result, the dominant consideration of deterrence applies with even more force today, especially given the delicate nature of religious and racial issues,” she said.
She added that Nair had shown a clear disregard for the law.
He had been given a conditional warning for the rap video on Aug 14, 2019, but this did not stop him from making the first and second posts in 2020, and from using the display in 2021.
In these circumstances, a total sentence of six weeks’ imprisonment was not disproportionate or crushing, said the judge.
Source: The Straits Times © SPH Media Limited. Permission required for reproduction.
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