Undesirable Publications Act Explained

Caption:Old Parliament House, photographed in January 2006
Short Title:Undesirable Publications Act 1967
Long Title:An Act to prevent the importation, distribution or reproduction of undesirable publications and for purposes connected therewith.
Citation:Act 3 of 1967
Enacted By:Parliament of Singapore
Date Enacted:1967
Status:In force

The Undesirable Publications Act 1967 (UPA) is a Singapore statute which, according to its long title, prevents the importation, distribution, or reproduction of undesirable publications and for purposes associated in doing so. 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 All publications by International Bible Students Association Playboy
  1. Swank
  2. Girls of Penthouse
  3. Gallery
  4. Elite
  5. Penthouse
  6. Men Only
  7. Genesis
  8. Playgirl
  9. Velvet
  10. Mayfair
  11. Fiesta
  12. Hustler
  13. Knave
  14. 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]

In 2004, Steve Chia of the National Solidarity Party was let off with a warning after being found in possession of an obscene film.[12]

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[13] that cast Prophet Muhammad in negative light.[14]

In 2015, the government lifted the ban of 240 publications, including the 18th century erotic novel Fanny Hill or anti-colonial books.[15]

Taking part in an outdoor nude photo shoot may trigger the Miscellaneous Offences (Public Order and Nuisance) Act instead of the UPA,[16] as in the case of two tourists taking nude photographs at Sentosa in 2016.[17]

In 2017, Singapore banned nine books from a Singaporean preacher.[18]

In 2021, Cherian George's book, Red Lines: Political Cartoons and the Struggle against Censorship, was banned for reproducing materials that are offensive to religious feelings.[19]

External links

Notes and References

  1. Web site: Acts & Regulations. Ministry of Communications and Information. Ministry of Communications and Information. 13 March 2016.
  2. Web site: Koh. Corinne. Nov 27, 2010Fighting child porn: Laws in place. 13 March 2016. https://web.archive.org/web/20160313200414/http://app.msf.gov.sg/Press-Room/Fighting-child-porn-Laws-in-place. 13 March 2016. dead.
  3. News: SOH. ANDREA. MDA probes printer's raunchy calendars. https://web.archive.org/web/20080123165735/http://news.asiaone.com/News/AsiaOne%2BNews/Singapore/Story/A1Story20080121-45906.html. dead. January 23, 2008. 13 March 2016.
  4. Web site: Undesirable Publications Act. 13 March 2016.
  5. News: Robert. Catherine. TRS duo still out on bail in Singapore. 13 March 2016. 4 Mar 2015.
  6. Web site: Religious Harmony - Walking the Line. Nanyang Technological University. Student Affairs Office. 13 March 2016.
  7. News: MDA lifts ban on 240 publications after routine review. 13 March 2016. Straits Times. 26 Nov 2015.
  8. News: Feng. Zengkun. Panel reviewed 50 works in 2 years. 13 March 2016. 23 Jul 2014.
  9. News: Ban on 240 publications lifted following MDA review. 13 March 2016.
  10. News: Red-hot photos lurk in grey area of law. https://web.archive.org/web/20160313202250/http://news.asiaone.com/print/News/Latest%2BNews/Singapore/Story/A1Story20130212-401588.html. dead. March 13, 2016. 13 March 2016. The New Paper. 14 Feb 2013.
  11. News: Tay. Mervin. Banned from our airwaves. 13 March 2016. The New Paper.
  12. Web site: What is the law on pornography in Singapore?. 13 March 2016.
  13. News: Couple charged under Sedition Act. https://web.archive.org/web/20080420084041/http://news.asiaone.com/News/AsiaOne+News/Crime/Story/A1Story20080415-60029.html. dead. April 20, 2008. 13 March 2016.
  14. News: Blogger arrested for posting racist online content. 13 March 2016.
  15. Web site: Singapore lifts ban on 240 ‘undesirable’ publications. https://ghostarchive.org/archive/jvxRP . 2022-12-11 . subscription . live. 2021-06-24. www.ft.com.
  16. News: 26 Apr 2012 . Nudity is considered obscene in S'pore . The New Paper . 13 March 2016.
  17. News: Photographer & British model in Sentosa beach nude shot warned for indecency . 16 March 2016.
  18. Web site: Government bans nine books, bid to preach by Singaporean. 2021-06-24. TODAYonline.
  19. Web site: Singapore bans distribution of publication containing Charlie Hebdo’s cartoons of Prophet Muhammad . 2022-04-03 . TODAY . en.