New SG law against foreign interference gives govt power to block social media

The Ministry of Home Affairs (MHA) has introduced a new Foreign Interference (Countermeasures) Bill where it will have the power to issue directions to various entities such as social media services, relevant electronic services, internet access services, as well as persons who own or run websites, blogs or social media pages, to help the authorities investigate and counter hostile communications activity that is of foreign origin.

These provisions will not apply to Singaporeans expressing their own views on political matters, unless they are agents of a foreign principal. Nor will they apply to foreign individuals or foreign publications reporting or commenting on Singapore politics, in an open, transparent and attributable way - even if their comments are critical of Singapore or the Government, said MHA in a statement. MHA added that the bill was created to prevent, detect and disrupt foreign interference in its domestic politics conducted through hostile information campaigns (HICs) and the use of local proxies.

To detect and expose HICs, the Bill will empower the Minister to issue “Technical Assistance Directions” to the relevant platforms where suspicious content is carried. The platforms will be asked to disclose information required for the authorities to determine if the harmful communications activity is being undertaken by or on behalf of a foreign principal.

According to MHA, a “Technical Assistance Direction” can be issued if the Minister suspects that there are preparations or plans to undertake an online communication activity in Singapore by or on behalf of a foreign principal.If there is reason to believe that the social media or relevant electronic service user accounts are being used, or being set up with the intent of being used for HICs, the Minister will be able to issue Account Restriction Directions to the providers of these services. These directions will require them to block content in these accounts from being viewed in Singapore.

MHA said:

This is especially necessary when the content can cause immediate and significant harm in Singapore, such as inciting violence or causing hostility between groups.

In the event of countering HICs, the Minister will issue a "Stop Communication (End-User) Direction", which will require the communicator to cease communication of specific HIC content to viewers in Singapore. The Minister can also issue a "Disabling Direction" that will require Internet intermediaries to stop the communication of specific HIC content in Singapore. Should the internet intermediaries or communicators fail to comply with these directions, the Minister may order internet access service providers to block access to the HIC content through an Access Blocking Direction.

Additionally, a "Service Restriction Direction" will require social media services, relevant electronic services and internet service providers to take practicable and technically feasible actions to restrict the dissemination of HIC content. This could include disabling or limiting functions that allow content to become viral.

An App Removal Direction can also be issued to require an app distribution service to stop apps known to be used by foreign principals to conduct HICs, from being downloaded in Singapore. This direction can be given if the app has previously been subject to at least one direction; excluding Technical Assistance Direction or another App Removal Direction.

The Minister can also prescribe an online location that is a purveyor of HIC content, once that online location has been the subject of at least one direction under this Bill (excluding Technical Assistance Directions). These Proscribed Online Locations (POLs) must then declare themselves as such, and no one will be allowed to purchase advertisement space on these POLs or on other websites that promote the POLs. The aim is to discredit and de-monetise these POLs in order to stem their ability to mount further HICs against Singapore. Failure to comply with these measures will be an offence.

To warn Singaporeans about a HIC, the Bill will also introduce the Must-Carry Direction, which will require various parties to carry a mandatory message from the Government in a conspicuous and timely manner. The Must-Carry Direction can be issued in four classes:

• A Class 1 Must-Carry Direction will require the communicator to carry the message.
• A Class 2 Must-Carry Direction will require social media services or relevant electronic services where HIC content is carried to carry the message.
• A Class 3 Must-Carry Direction will require social media services, relevant electronic services, as well as telecommunication companies, newspapers and broadcasting licensees to carry a mandatory message if a HIC is afoot, even if the content has not been carried on their platforms.
• A Class 4 Must-Carry Direction will require the owner or operator of a POL to carry a message on the online location, so that Singaporeans accessing it are aware of its proscription.

Political parties, political office holders, Members of Parliament as well as election candidates and their election agents will be labelled as "defined Politically Significant Persons (PSPs)" and will be subject to countermeasures should there be foreign interference across these four vectors: donations, volunteers, leadership and membership, and affiliations.

The current Political Donations Act (PDA) prohibits political associations and election candidates and agents from accepting donations from foreign sources. However, the PDA does not prohibit donations to MPs, political office holders, Leader of the House or Leader of the Opposition. In addition, foreigners are allowed to volunteer with political parties, election candidates and MPs, which MHA feels are potential avenues for foreign principals to influence Singapore's domestic politics.

According to MHA, the PDA will be repealed to streamline the provisions which safeguard defined PSPs. PSPs will then require to report single donations of SG$10,000 or more from local and foreign donors, and multiple donations from the same local or foreign donor that amount to SG$10,000 or more during the relevant period, and will not be allowed to receive anonymous donations beyond the cap of $5,000 during the relevant period or in any calendar year. They will also need to maintain a separate bank account to receive political donations, disclose affiliations with any foreign entity, and not allow foreigners to volunteer for their political activities.

Photo courtesy: 123rf.com

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