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Undesirable Publications Act

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Undesirable Publications Act 1967
Old Parliament House, photographed in January 2006
Parliament of Singapore
  • An Act to prevent the importation, distribution or reproduction of undesirable publications and for purposes connected therewith.
Enacted byParliament of Singapore
Enacted1967
Status: In force

The Undesirable Publications Act (UPA) is a Singapore statute which, according to its long title, prevents the importation, distribution, or reproduction of undesirable publications and for purposes connected therewith. The Act, which was passed in 1967 empowers the Government of Singapore in incriminating and punishing both individuals and corporates that are involved in the sale, supply, exhibition, or distribution of obscene and objectionable publications.

Overview

The UPA looks after matters relating to the importation, distribution or reproduction of undesirable publications.[1] Together with the Penal Code, Films Act and the Children and Young Persons Act, the UPA law also seeks to protect all persons, including children, from being exploited for pornography especially child pornography.[2] Under the UPA, it may be a punishable offence to make, sell or distribute objectionable publications, including calendars.[3]

Other than pornography,[4] objectionable publication that may also fall under the jurisdiction of the UPA include those that offend racial and religious harmony on the island, e.g. hate speech.[5] If a work concerns any race or religion in a certain manner such that feelings of enmity, hatred, or hostility were to be aroused, this very publication may be deemed objectionable as well.[6]

Anti-colonial and Communist material were once banned by the UPA, but the ban has since been lifted after a review by the Media Development Authority (MDA).[7] Review of gazetted publications are conducted in consultation with the Publications Consultative Panel,[8] whereas 17 publications, mostly pornographic that still remain officially prohibited in Singapore may include:[9]

  1. All publications by Watch Tower Bible and Tract Society
  2. All publications by International Bible Students Association
  3. Playboy
  4. Swank
  5. Girls of Penthouse
  6. Gallery
  7. Elite
  8. Penthouse
  9. Men Only
  10. Genesis
  11. Playgirl
  12. Velvet
  13. Mayfair
  14. Fiesta
  15. Hustler
  16. Knave
  17. Cheri

A grey area of this law may be that of taking and keeping photos of oneself having sex. Taking photographs or videos of oneself having sex or of others without taking payment is not against the law, however, dissemination of such materials is an infringement of the UPA.[10]

Uses of the Act

Janet Jackson's 2001 album All for You was banned under the UPA over sexually explicit lyrics in one of the songs "Would You Mind".[11]

Taking part in an outdoor nude photo shoot may trigger the Miscellaneous Offences (Public Order and Nuisance) Act instead of the UPA,[12] as in the case of two tourists taking nude photographs at Sentosa in 2016.[13] In 2004, Steve Chia of the National Solidarity Party was let off with a warning after being found in possession of an obscene film.[14]

In 2008, Ong Kian Cheong and Dorothy Chan Hien Leng were charged under both the Sedition Act and Undesirable Publications Act for allegedly distributing evangelistic publication titled The Little Bride[15] that cast Prophet Muhammad in negative light.[16]

References

  1. ^ "Acts & Regulations". Ministry of Communications and Information. Ministry of Communications and Information. Retrieved 13 March 2016.
  2. ^ Koh, Corinne. "Nov 27, 2010Fighting child porn: Laws in place". Archived from the original on 13 March 2016. Retrieved 13 March 2016.
  3. ^ SOH, ANDREA. "MDA probes printer's raunchy calendars". Retrieved 13 March 2016.
  4. ^ "Undesirable Publications Act". Retrieved 13 March 2016.
  5. ^ Robert, Catherine (4 Mar 2015). "TRS duo still out on bail in Singapore". Retrieved 13 March 2016.
  6. ^ "Religious Harmony - Walking the Line". Nanyang Technological University. Student Affairs Office. Retrieved 13 March 2016.
  7. ^ "MDA lifts ban on 240 publications after routine review". Straits Times. 26 Nov 2015. Retrieved 13 March 2016.
  8. ^ Feng, Zengkun (23 Jul 2014). "Panel reviewed 50 works in 2 years". Retrieved 13 March 2016.
  9. ^ "Ban on 240 publications lifted following MDA review". Retrieved 13 March 2016.
  10. ^ "Red-hot photos lurk in grey area of law". The New Paper. 14 Feb 2013. Retrieved 13 March 2016.
  11. ^ Tay, Mervin. "Banned from our airwaves". The New Paper. Retrieved 13 March 2016.
  12. ^ "Nudity is considered obscene in S'pore". The New Paper. 26 Apr 2012. Retrieved 13 March 2016.
  13. ^ "Photographer & British model in Sentosa beach nude shot warned for indecency". Retrieved 16 March 2016.
  14. ^ "What is the law on pornography in Singapore?". Retrieved 13 March 2016.
  15. ^ "Couple charged under Sedition Act". Retrieved 13 March 2016.
  16. ^ "Blogger arrested for posting racist online content". Retrieved 13 March 2016.
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