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Explainer: What is 'cancel culture' and are there laws in S'pore to protect those being 'cancelled'?

SINGAPORE — Following Prime Minister Lee Hsien Loong’s announcement during his National Day Rally speech last Sunday (Aug 21) that Section 377A will be repealed, several religious groups have expressed concerns about being "cancelled" or discriminated against for expressing their views. 

Explainer: What is 'cancel culture' and are there laws in S'pore to protect those being 'cancelled'?
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  • Several religious groups have expressed concerns about being "cancelled" or discriminated against for expressing their views following the repeal of 377A 
  • In light of such concerns, Mr Shanmugam said the Government is looking at ways to ensure that no one will be cancelled for stating their views
  • Lawyers told TODAY that there is no law protecting someone from being cancelled
  • But other laws such as the Protection from Harassment Act could provide protection for people facing similar situations

SINGAPORE — Following Prime Minister Lee Hsien Loong’s announcement during his National Day Rally speech last Sunday (Aug 21) that Section 377A will be repealed, several religious groups have expressed concerns about being "cancelled" or discriminated against for expressing their views. 

They warned that repealing this law that criminalises sex between two men may cause the tone of society to shift and spark intolerance towards differing views, especially those that do not support the move. 

In light of such concerns, Home Affairs and Law Minister K Shanmugam on Monday gave the assurance that the Government is looking at ways to ensure that no one will be cancelled for stating their views. 

“We should not allow a culture where people of religion are ostracised, attacked, for espousing their views or their disagreements with lesbian, gay, bisexual and transgender viewpoints. And vice versa," said Mr Shanmugam. 

With the concept of “cancel culture” drawing more attention, TODAY spoke to experts and lawyers to take a deeper look at what cancel culture is, whether there are laws protecting those who are being cancelled and if the country should consider having laws in place to stamp it out. 

WHAT DOES IT MEAN TO BE CANCELLED? 

Cancel culture refers to the phenomenon of people using online tools such as online petitions, hashtags or public social media posts to undermine or harm the reputation or livelihood of individuals and organisations that are often seen as influential and powerful, said Dr Natalie Pang, a senior lecturer at the Communications and New Media Department of the National University of Singapore (NUS).

Dr Pang said that the term may have surfaced in the 1990s, but was recently popularised during viral movements such as #metoo — a social movement that encourages those who experienced sexual harassment or rape to publicise their experience. 

Associate Professor Daniel P S Goh, who teaches Sociology at NUS, added that the term emerged from the United States of America, where the “culture war between Christian nationalists and liberal progressives are fought out across the public sphere and social media”. 

In the Singapore context though, Dr Pang said that cancelling usually implies that someone is being called out on social media. 

“Calling out, however, does not always lead to ‘cancellation’ – while many others may join in by liking, commenting or sharing the post, the actual effects of calling out can vary, and may not always result in cancellation with the target’s reputation or livelihood being affected,” she said. 

Both Dr Pang and Assoc Prof Goh agreed that there does not seem to be a cancel culture here. 

Assoc Prof Goh said: “Those who have lost their positions and jobs because of public outcry over their social media posts… lost them because they transgressed our society's zero tolerance towards prejudiced speech in terms of race, religion, ethnicity, gender, sexuality, etc. 

“That's not cancellation arising from a culture war; it is the hallmark of an inclusive society where prejudiced speech is not tolerated.” 

Dr Pang added: “(Cancel culture) is dependent on societal norms and social-political culture in the society. In more liberal democracies where calling out can be seen as a form of citizenry, we may see greater potential of cancelling as there can be greater sustained movement or mass participation for it.”

WHAT LAWS ARE THERE TO PROTECT VICTIMS OF CANCELLATION? 

Although there is no law protecting people from cancellation per se, lawyers told TODAY that there are other laws to protect those in similar situations.

Lawyer Nithya Devi from Kalidass Law Corporation said: “To say that you’re not supporting somebody is not against the law… But in the process of cancelling somebody, if words that were threatening, insulting or abusive language were used, that can amount to harassment.” 

Under the Protection from Harassment Act (Poha), which was set in force in 2014, a person who uses any threatening, abusive or insulting words or behaviour with the intent to cause harassment, alarm or distress to another person can be jailed for up to six months, or fined up to S$5,000.

A person experiencing cancellation could also potentially seek legal action under the Defamation Act if claims made against him or her are not true. 

“But you will have to prove that it was a false statement and it led to your reputation being damaged and you suffer these losses. If it is not false, then it will be hard for you to even fall under the realm of a defamation claim,” Ms Devi added. 

In the context of arguments pertaining to Section 377A, the director of law firm Characterist LLC Adrian Wee pointed out that there are laws that prevent people from making statements which “denigrate a race or religion”. 

For example, the Maintenance of Religious Harmony Act, which was first enacted in 1990, encourages tolerance among various religious groups, as well as ensures religion and politics are kept separate. 

Under this law, those who cause ill-will between different religious groups can be issued with a restraining order.

Mr Wee said that a derogatory remark against a particular religion made during discussions about 377A “could potentially be a race or religious based comment that could be illegal”. 

However, regarding the aforementioned laws such as Poha and the Defamation Act, Mr Wee clarified: “These rules don’t have specific applications to people being cancelled and are just rules that regulate what you can or cannot say to other people.” 

ARE MORE LAWS NEEDED TO STAMP OUT CANCEL CULTURE? 

Lawyers and experts here do not think there should be specific laws in place to deal with cancel culture.

Mr Josephus Tan, the managing director of Invictus Law Corporation, said: “It’s just a trending punchline or contemporary cultural term amplified by the rise of the digital age.

“To take a fair and balanced view, there is some inherent good in having cancel culture. It empowers the marginalised to call for accountability. It also gives a voice to people who are in a less powerful or privileged position.” 

However, he added that prevailing laws must come in to stop cancelling when it crosses the line into harassing, defaming, or doxxing.

Agreeing, Associate Director of law firm Quahe Woo & Palmer LLC Joel Ng said that there are already existing laws to protect a person from harassment and defamation. 

“It would also be difficult to draft any legislation to regulate cancel culture. What kind of behaviour would the legislation even be aimed at prohibiting?” he said. 

Mr Wee of Characterist LLC agreed that current laws are adequate: “My perspective is that being cancelled is similar to being bullied or shunned. It's unkind but it's not the kind of behaviour that the law should have to step in to regulate.” 

Assoc Prof Goh added that “just because a group or an individual is criticised or loses in a public debate does not constitute cancellation”.

“If you believe in your views, then be willing to defend them. I think our laws are adequate in this respect.”  

Dr Pang said that what needs to work alongside laws are “social norms associated with interpersonal and public communications”. 

“This can involve a range of things. For example, considering the other person and thinking about the consequences for them before posting something and not getting personal in disagreements,” she said.

Related topics

Section 377A cancel culture LGBT

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