Foreign Interference (Countermeasures) Act 2021

{{Infobox legislation

| short_title = Foreign Interference (Countermeasures) Act 2021

| legislature = Parliament of Singapore

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| long_title = 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.

| citation = [https://sso.agc.gov.sg//Acts-Supp/28-2021/ Act 28 of 2021]

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| considered_by = Parliament of Singapore

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| date_passed = 4 October 2021

| date_commenced = 7 July 2022

| bill = Foreign Interference (Countermeasures) Bill

| bill_citation = [https://sso.agc.gov.sg/Bills-Supp/24-2021/Published/20210913?DocDate=20210913#top Bill 24 of 2021]

| bill_date = 13 September 2021

| introduced_by = K. Shanmugam (Minister for Home Affairs)

| 1st_reading = 13 September 2021

| 2nd_reading = 4 October 2021

| 3rd_reading = 4 October 2021

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| status = current

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The Foreign Interference (Countermeasures) Act 2021, or Fica/FICA,{{cite news|url=https://www.straitstimes.com/singapore/politics/wp-proposes-changes-to-spores-draft-anti-foreign-interference-law-citing-need-for|title=WP proposes changes to S'pore's draft anti-foreign interference law, citing need for greater transparency|date=29 September 2021|first=Justin|last=Ong|newspaper=The Straits Times}} is a statute of the Parliament of Singapore. Enacted in 2021, it seeks to "protect the public interest by counteracting acts of foreign interference".{{cite web|url=https://sso.agc.gov.sg/Bills-Supp/24-2021/Published/20210913?DocDate=20210913#top|title=Foreign Interference (Countermeasures) Bill|publisher=Singapore Statutes Online|date=13 September 2021|accessdate=3 October 2021}} The Bill was introduced on 13 September 2021 and passed on 4 October 2021.

Background

Legislation targeting foreign influence in Singapore had been mooted in as early as 2017.{{cite news|url=https://www.todayonline.com/singapore/discerning-electorate-best-defence-against-foreign-influence-chan-chun-sing|title=Discerning electorate best defence against foreign influence: Chan Chun Sing|date=1 August 2017|newspaper=Today|first=Alfred|last=Chua}} 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.{{cite news|url=https://www.straitstimes.com/singapore/politics/singapore-studying-new-laws-to-protect-against-foreign-interference-josephine-teo|first=Hariz|last=Baharudin|newspaper=The Straits Times|title=S'pore studying new laws to protect Republic from foreign interference, says Josephine Teo|date=1 March 2021}}

Key provisions

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.{{Cite web |title=Understanding FICA |url=https://www.mha.gov.sg/docs/default-source/default-document-library/understanding-fica.pdf |website=Ministry of Home Affairs (Singapore)}} Authorities will also be allowed to compel social media platforms and website operators to hand over user data,{{cite news|url=https://www.aljazeera.com/news/2021/10/4/singapore-parliament-to-debate-foreign-interference-law|title=Singapore parliament to debate ‘foreign interference’ law|date=4 October 2021|newspaper=Al Jazeera}} without any justification in select instances.{{cite news|url=https://www.scmp.com/week-asia/health-environment/article/3150943/most-powerful-law-singapore-foreign-interference-bill|title=‘The most powerful law’ in Singapore: Foreign Interference bill brings concerns for civil society|first=Bhavan|last=Jaipragas|date=2 October 2021|newspaper=South China Morning Post}} {{subscription required}}

Reactions and statements

=Support=

Facebook issued a statement agreeing with the goals of the bill, while also noting that it was worded "very broadly".{{cite news|url=https://www.channelnewsasia.com/singapore/foreign-interference-fica-singapore-facebook-2206726|title=Facebook agrees with Singapore Government on tackling foreign interference, but says proposed law worded 'very broadly'|date=28 September 2021|first=Aqil Haziq|last=Mahmud|newspaper=CNA}}

=Opposition=

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."{{cite web|url=https://rsf.org/en/news/singapores-foreign-interference-bill-legal-monstrosity-totalitarian-leanings|publisher=Reporters Without Borders|title=Singapore’s foreign interference bill – legal monstrosity with totalitarian leanings|date=23 September 2021|accessdate=3 October 2021}} Activist Thum Ping Tjin claimed that the bill was a "coup" attempt by Minister for Home Affairs K. Shanmugam.{{cite news|url=https://www.youtube.com/watch?v=aoGbFo5vJL0|newspaper=CNA|title=K Shanmugam on misconceptions about Foreign Interference (Countermeasures) Bill (FICA) in Singapore|date=4 October 2021}}{{cite news|url=https://www.scmp.com/week-asia/politics/article/3151144/singapore-law-minister-defends-foreign-interference-bill-best|title=Singapore parliament passes foreign interference bill amid opposition calls for checks on abuse of power|first=Bhavan|last=Jaipragas|newspaper=South China Morning Post|date=4 October 2021}} Member of Parliament Gerald Giam opined that the bill had a "significant impact on free speech and government accountability". 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.{{cite news|url=https://www.straitstimes.com/singapore/politics/academic-activities-not-under-threat-from-anti-foreign-interference-law-mha|title=Academic activities not under threat from anti-foreign interference law: MHA|date=3 October 2021|first=Rei|last=Kurohi|newspaper=The Straits Times}} A day after the legislation was passed, Amnesty International described Fica as "a tool for crushing dissent".{{cite web|url=https://www.amnesty.org/en/latest/news/2021/10/singapore-foreign-interference-law-dissent/|title=Singapore: Foreign interference law is a tool for crushing dissent|date=5 October 2021|publisher=Amnesty International|accessdate=6 October 2021}} 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".{{cite news|url=https://www.straitstimes.com/singapore/politics/pofma-office-to-issue-targeted-correction-direction-to-twitter-after-activist|title=Pofma Office to issue targeted correction direction to Twitter over Jolovan Wham's post|date=9 October 2021|first=Nadine|last=Chua|newspaper=The Straits Times}}

Legislative history

The Foreign Interference (Countermeasures) Bill was introduced to Parliament on 13 September 2021 by Minister for Home Affairs K. Shanmugam.{{cite news|url=https://www.straitstimes.com/singapore/politics/proposed-law-seeks-to-counter-foreign-interference-in-spore-politics-measures|title=Proposed law seeks to counter foreign interference in S'pore politics, measures include take-down and blocking orders|date=13 September 2021|first=Hariz|last=Baharudin|newspaper=The Straits Times}} 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.{{cite web |title=Amendments to the Foreign Interference (Countermeasures) Bill |url=https://www.wp.sg/amendments-to-the-foreign-interference-countermeasures-bill/ |website=The Workers' Party |access-date=31 January 2022 |date=29 September 2021}}{{cite web |last1=Ong |first1=Justin |title=WP proposes changes to S'pore's draft anti-foreign interference law |url=https://www.straitstimes.com/singapore/politics/wp-proposes-changes-to-spores-draft-anti-foreign-interference-law-citing-need-for |website=The Straits Times |access-date=31 January 2022 |date=29 September 2021}}{{cite web |last1=Mahmud |first1=Aqil Haziq |title=WP proposes changes to draft foreign interference law, amendments to be discussed in Parliament |url=https://www.channelnewsasia.com/singapore/foreign-interference-proposed-law-workers-party-disagrees-table-amendments-2210401 |website=CNA |access-date=31 January 2022 |date=29 September 2021}} On 30 September, Non-constituency Member of Parliament Leong Mun Wai filed an unsuccessful petition to delay the passage of the bill.{{cite news|url=https://www.straitstimes.com/singapore/politics/ncmp-submits-petition-to-parliament-to-delay-anti-foreign-interference-law|first=Justin|last=Ong|title=PSP NCMP submits petition to Parliament to delay anti-foreign interference law pending more consultation, scrutiny|date=30 September 2021|newspaper=The Straits Times}}{{cite news|url=https://www.straitstimes.com/singapore/politics/petition-to-delay-fica-fails-to-delay-debate|title=Debate on proposed law to counter foreign interference goes ahead after petition to delay it fails|first=Justin|last=Ong|date=4 October 2021|newspaper=The Straits Times}} A second reading of the bill took place on 4 October, during which Shanmugam gave a two-hour-long speech defending Fica,{{cite news|url=https://www.youtube.com/watch?v=G5iE9fFMw78|title=K Shanmugam on Singapore's Foreign Interference (Countermeasures) Bill|date=4 October 2021|newspaper=CNA}} while stating that the government would accept some of the 44 amendments proposed by the Workers' Party.{{cite news|url=https://www.scmp.com/week-asia/politics/article/3151144/singapore-law-minister-defends-foreign-interference-bill-best?module=lead_hero_story&pgtype=homepage|title=Singapore law minister defends foreign interference bill as ‘best balance’ to face risks, check against abuse|first=Bhavan|last=Jaipragas|newspaper=South China Morning Post}} 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).{{cite news|url=https://www.straitstimes.com/singapore/politics/singapore-passes-law-to-counter-foreign-interference-after-10-hour-parliament|title=Singapore passes law to counter foreign interference after 10-hour Parliament debate|date=4 October 2021|first=Justin|last=Ong|newspaper=The Straits Times}}{{cite news|url=https://www.theguardian.com/world/2021/oct/05/singapore-passes-foreign-interference-law-allowing-authorities-to-block-internet-content|title=

Singapore passes foreign interference law allowing authorities to block internet content|date=5 October 2021|newspaper=The Guardian}}

Uses of the Act

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.{{cite web |title=Intended Designation of Chan Man Ping Philip As Politically Significant Person Under the Foreign Interference (Countermeasures) Act |url=https://www.mha.gov.sg/mediaroom/press-releases/intended-designation-of-chan-man-ping-philip-as-politically-significant-person-under-the-foreign-interference-countermeasures-act |website=Ministry of Home Affairs (Singapore) |access-date=26 February 2024 |date=2 February 2024}} 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,{{cite news |last1=Chew |first1=Hui Min |last2=Tham |first2=Davina |title=Singaporean businessman the first person to be served 'notice of intended designation' under foreign interference law |url=https://www.channelnewsasia.com/singapore/philip-chan-politically-significant-person-fica-singaporean-businessman-4094701 |access-date=26 February 2024 |work=CNA (TV network) |date=2 February 2024}}{{cite news |title=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 |url=https://std.stheadline.com/realtime/article/1983408/ |access-date=26 February 2024 |work=Sing Tao Daily |date=26 February 2024}} 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.{{cite web |last=Fang |first=Chin Soo |date=2 February 2024 |title=Who is Philip Chan, the man against whom S’pore has invoked its foreign interference law? |url=https://www.straitstimes.com/singapore/who-is-mr-philip-chan-the-man-against-whom-s-pore-has-invoked-its-foreign-interference-law |access-date=5 February 2024 |website=The Straits Times}} 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.{{cite web |title=Designation of Chan Man Ping Philip as a Politically Significant Person Under the Foreign Interference (Countermeasures) Act 2021 |url=https://www.mha.gov.sg/mediaroom/press-releases/designation-of-chan-man-ping-philip-as-a-politically-significant-person-under-the-foreign-interference-countermeasures-act-2021 |website=Ministry of Home Affairs (Singapore) |access-date=26 February 2024 |date=26 February 2024}}

On 20 July 2024, the Ministry of Home Affairs issued Account Restriction Directions to X, Facebook, Instagram, YouTube, and TikTok that required them to block 95 Guo Wengui-affiliated social media accounts from being accessed in Singapore.{{cite web |title=Issuance of Account Restriction Directions Under the Foreign Interference (Countermeasures) Act 2021 Against 95 Social Media Accounts Linked to a Foreign Network |url=https://www.mha.gov.sg/mediaroom/press-releases/issuance-of-account-restriction-directions-under-the-foreign-interference-countermeasures-act-2021-against-95-social-media-accounts-linked-to-a-foreign-network |website=Ministry of Home Affairs (Singapore) |access-date=20 July 2024 |date=19 July 2024}}

References

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