Singapore Government Press Release

Media Division, Ministry of Information and The Arts

36th Storey, PSA Building, 460 Alexandra Road, Singapore 119963.

Tel: 3757794/5

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Mr Speaker, Sir.

In 1995, I spoke in this House about flyers being stuffed into HDB letterboxes offering pornographic video tapes for sale. Sometimes, young children were used as runners to distribute such flyers.

Recently, what has become "hot" are VCDs – video compact discs. Uncensored VCDs, including new releases which are not yet available in stores, are sold at pasar malams, trade fairs and other places. A number of these are obscene. Most have been smuggled in. Of the raids conducted by the Board of Film Censors (BFC) last year, 20 per cent of the items seized were obscene.

BFC officers report that the illegal profits are very high. Even after BFC raids, the sellers would be back the next day, selling the same obscene VCDs.

Mr Speaker Sir, the current penalties are clearly not of sufficient deterrence. In this Bill, we are therefore proposing enhanced penalties. For example, for the first offence, the fine for distributing obscene films/videos will be doubled from a minimum of $1,000 to $2,000 per film, and the maximum from $40,000 to $80,000. For the possession of obscene films and videos, the minimum fine will also be doubled from $500 to $1,000 per film, up to a maximum of $40,000. We are also proposing that the penalty for exhibiting obscene films should be increased from a minimum of $1,000 per film to $10,000, regardless of the number of films. The enhanced penalties are aimed at those who profit from the distribution and sale of obscene videos and VCDs.

We are also proposing some new provisions to further control the trade in obscene videos. To deter the inflow of obscene videos through custom checkpoints, we propose, for the first offence, a minimum fine of $1,000 per film and/or a jail term not exceeding one year. To deter the duplication of obscene films/videos, a lump sum minimum fine of $20,000 and/or jail term not exceeding 2 years is proposed.

Although emails have been included under the definition of electronic transmission, MITA has no intention to intrude into private communications. The inclusion of emails is to enable enforcement action to be taken when individuals complain of obscene films sent to them via email. Under the proposed amendments, electronic transmission is covered under the definition of "supply" in both the FA and UPA. Adapted from New Zealand law, it is intended to cover the electronic transmission of films which do not involve the supply of physical copies.

We need to do this. The marketplace is changing rapidly. In the US, cinema chain operators now transmit newly released movies electronically, without the need for film reels. Even individuals can package films and disseminate them over the Internet, especially when broadband becomes widely available. Our focus, however, is on those who try to profit from selling pornographic material in Singapore, not individuals who chance upon such material.

Our concern is particularly for the young. We should have no sympathy for those who use children to distribute obscene videos or VCDs. Under existing laws, it is hard to penalise operators who use children in this way.

Therefore, we have specifically inserted a new Section 29C which will allow additional penalties to be imposed on those who exploit children in the making, import or distribution of obscene films. In other words, those who make, import or distribute obscene films commit offences and are liable to the penalties set out in Section 29. In addition, if they use children in committing the offences, they would be liable to additional penalties under the new Section 29C.

The Films Act was enacted in 1981, 17 years ago, before the advent of new technologies like CD-ROMs, enhanced CDs, VCDs and DVDs. We are redefining "films" to cover these new technologies. Under the redefinition, computer file formats with extensions like .mpg, .dat, .avi and .mov are considered as films because they comprise moving images similar to what is found in a movie or video.

In July 1996, the Government rejected an SDP application for a licence to sell party political video-tapes. The Government rejected the application because political videos are an undesirable medium for political debate in Singapore. In a political video, political issues can be sensationalised or presented in a manner calculated to evoke emotional rather than rational reactions. Videos also do not allow for effective rebuttals. There is also a risk that political debates on serious matters will be reduced to a contest between advertising agencies as indeed has already happened in some countries. Our intention is to keep political debates in Singapore serious and not have them become like the selling of soap. The Films Act will therefore include a provision to disallow the distribution and exhibition of party political films in Singapore.

The penalty for those infringing this provision is set at a maximum of $100,000.

The restriction pertains only to party political films. Although this will affect all political parties, it will not affect the freedom of political debate in Singapore. There are already sufficient avenues for political parties to get their views, platforms and manifestos across to the public. Political parties can print newspapers, publish books and post webpages on the Internet. Debates in Parliament are reported over radio, TV and in the newspapers. During general elections, political parties are also free to hold rallies and dialogue sessions, and are given free broadcasting airtime in proportion to the number of candidates they field.

Mr Speaker, Sir

The proposed amendments to the Films Act and the Undesirable Publications Act which I spoke about earlier are made in response to technological advances. We have to extend our various Acts – Undesirable Publications Act, Films Act, Newspaper and Printing Presses Act and Singapore Broadcasting Authority Act – to cover the new media forms. We have decided to take it Act by Act and not go for an omnibus legislation covering the entire media field because the technology is still unfolding and the problems cannot all be foreseen. We should move step by step, be guided by practical experience and not be too ambitious in our legislation of new laws.

In addition to amending the laws, we are also restructuring the censorship process in MITA. From 1 April, the current Board of Film Censors (BFC), the Censorship Section and the Licensing Section in MITA HQ will be merged into a new department called the Films and Publications Department (FPD). FPD will offer a one-stop service for the public for all matters dealing with publications and films. The FA and the UPA will be administered under one roof by the same group of officers.

It is not our objective to increase the level of censorship in Singapore. Just maintaining the existing level of censorship is difficult enough. What we need is a practical approach and do only what is feasible. For example, certain categories of videos like those intended for children or for training of company personnel are now completely exempted from censorship.

Mr Speaker Sir, I beg to move.

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