Cartoonist arrested for alleged sedition

by AFP, inSing.com, 24 Apr 2013

A Singaporean cartoonist has been arrested for alleged sedition over a satirical comic strip on his Facebook page that appeared to accuse the Government of racism, police and his lawyer said Wednesday.

Leslie Chew, 37, was released on bail following his arrest Friday, 19 April, two days after a complaint was filed about his cartoon strip that lampooned the gGovernment for being "racist" toward minority Malays, his lawyer Choo Zheng Xi told AFP.

The strip was posted on Chew's "Demon-cratic Singapore" Facebook page on 27 March 2013.

"Police confirm that a 37-year-old man was arrested on 19 April 2013 for an offence under Section 4 (c) of the Sedition Act," police said in a statement.

The arrest was made "following a report lodged by a member of public regarding a series of racially insensitive cartoons which are circulating online", the statement said, adding that "investigations are ongoing".

Chew's lawyer said he was released after posting bail of S$10,000 on Sunday 21 April.

The cartoon depicts a politician addressing a crowd and praising the talents of expatriate Indian, Chinese and Caucasian communities. A character in the audience asks, "What, no mention of Malay talents?", to which another responds "Damn! Racist government".

Chew regularly posts satirical political cartoons linked to current events in Singapore on his Facebook page, which has more than 21,000 followers.

His cartoon characters usually resemble local politicians, although a disclaimer on the page says it is "a totally fictional comic with entirely fictional characters based on wholly fictional events in a fictional country".

Speaking to AFP on Wednesday, Chew said he was "surprised" that he had been picked up by the police.

"I thought I made it quite clear through the disclaimers on the cartoons that my work on Demon-cratic Singapore is purely fictional," he said.

He added that he intends to continue to publish cartoons while he is being investigated as police have not imposed any restrictions.

"I want to continue to amuse my audience. The comics are simply for laughs," said Chew, who is unemployed and makes a living from contributions from his online readers.

Singapore, a multi-racial island nation, clamps down hard on anyone seen to be inciting communal tensions after experiencing bloody racial riots in the 1960s.

Ethnic Chinese make up 74 per cent of Singapore's resident population of 3.8 million, with Malays accounting for 13.3 per cent, followed by ethnic Indians, Eurasians and other racial groups.

If convicted, Chew faces a jail term of up to three years or a fine of up to S$5,000, or both.

AGC aware of cartoonist's case, reiterates importance of racial, religious harmony
Channel NewsAsia, 27 Apr 2013

The Attorney-General's Chambers (AGC) said Saturday it is aware of the public's interest into cartoonist Leslie Chew’s case and reiterated that racial and religious harmony is vital to Singapore’s society.

It added that it would not be appropriate to comment specifically on the matter as investigations are ongoing.

A spokesperson however said that any action taken will depend on what is uncovered by investigations; where the statements or actions are heinous, a firm line will be taken.

Where comments are made in the heat of the moment, or by relatively immature persons who did not know better, a more nuanced response may follow.

The 37-year-old cartoonist was arrested 19 April for alleged sedition.

Police said that a member of the public had lodged a report about a series of cartoons deemed racially insensitive.

The cartoons had been circulating online.

The statement from the AGC said a response will follow when statements are made or actions are taken which insult a particular religion or race or seek to cause hatred among races or religious groups, or which suggest that the government is using race or religion for its own purposes.

Similarly, the AGC said the rule of law is another fundamental tenet of Singapore society and action will be taken in respect of any statement or action that seeks to impugn or undermine the independence of the judiciary.

Unwarranted allegations of bias or partiality strike at the heart of the judicial process, threatening the very institution that protects the rights of all Singaporeans, it added, saying that unfounded statements cannot be left to stand unchallenged and unpunished.

AGC statement on investigations into Leslie Chew
TODAY, 27 Apr 2013

The Attorney-General’s Chambers has issued a statement on recent interest in the investigations into Mr Leslie Chew, an online cartoonist, for possible breach of the Sedition Act. The full statement is as follows:

The Attorney-General’s Chambers is aware of interest in the investigations into Mr Leslie Chew. Mr Leslie Chew is assisting the Police in investigations at this time, and it will not be appropriate to comment specifically on his matter.

There have also been queries on the general principles as to when investigations would be conducted, and action taken against persons.

Every day, there are hundreds of commentaries, if not more, on socio-political matters both in the mainstream media and online. Many of these do not contravene the law, and no legal action will be taken by the Attorney-General’s Chambers on behalf of the State, even though some may contain factual inaccuracies. Some of these statements may defame or otherwise cause damage to an individual; whether any action is to be taken is generally a matter for that individual.

However, racial and religious harmony is vital to our society and has enabled Singaporeans to live together in peace over the years. Words or deeds touching on race or religion have the potential to create fault lines within our society. Such bonds, once frayed, let alone sundered, cannot easily be repaired and we must therefore remain vigilant against any threats to racial and religious harmony.

Where statements are made, or actions are taken, which insult a particular religion or race, or seek to engender hatred amongst races or religious groups, or which suggest that the Government is using race or religion for its own purposes, then a response will follow. Where the statements or actions are heinous, a firm line will be taken. For example, the burning of the Koran or the Bible will not be allowed in Singapore under the cover of freedom of speech or expression. On the other hand where comments are made in the heat of the moment, or by relatively immature persons who did not know better, a more nuanced response may follow. Much will depend on what is uncovered by investigations.

Similarly, the rule of law is another fundamental tenet of our society and action will be taken in respect of any statement or action that seeks to impugn or undermine the independence of the Judiciary. Unwarranted allegations of bias or partiality strike at the heart of the judicial process, threatening the very institution that protects the rights of all Singaporeans.

Such unfounded statements cannot be left to stand unchallenged and unpunished.

Disclaimers of no use if cartoonist is charged

Lawyers say Leslie Chew's case is unique, given medium and satire of his comic strip

By Walter Sim, The Sunday Times, 28 Apr 2013

If local cartoonist Leslie Chew, who is being investigated for sedition over his "racially insensitive'' cartoons, is charged, the disclaimers that he had inserted into his comic strips will be ineffective in his defence, lawyers unrelated to the case say.

The contentious March 27 cartoon in the online strip called Demon-cratic Singapore is about how an allegedly fictional government treats the Malay population.

The 37-year-old cartoonist had written on the page that "Demon-cratic Singapore" is the full name of a fictional country "referred to as Singapore for short". The page also said that the series is "a totally fictional comic with entirely fictional characters based on wholly fictional events".

But lawyer Irving Choh of Optimus Chambers pointed out that "the figures drawn are too similar to actual persons to be mistaken" for anything else.

Lawyer Tan Hee Joek from Tan See Swan Co added: "If disclaimers alone were sufficient, then everybody will be making seditious comments and getting away with it."

Other lawyers interviewed described the circumstances of the case as "unique", given the cartoon medium and the element of satire.

In 2005, Mr Choh represented Mr Benjamin Koh in a landmark case. Mr Koh was one of three men convicted of making racist remarks online under the Sedition Act, which was enforced for the first time since 1966. He was jailed for a month.

"In Benjamin Koh's case, he was direct in his writings. The sedition and intention were clear so there is no running away," Mr Choh said. "But in this cartoon, you have to be intelligent and read a little between the lines."

Speaking through his legal adviser Choo Zheng Xi of Peter Low LLC, Mr Chew said his cartoons "do not have any seditious tendency and are meant to be humorous".

Mr Tan said: "The authorities will have to consider how seriously people would look at all these cartoons so the context of trying to be humorous will be relevant to a certain extent."

Singapore Management University assistant law professor Eugene Tan said the Sedition Act does not "bar satire or black comedy but even something uttered as a joke can have seditious tendency", and the authorities have to look into such complaints.

Mr Chew has not been charged. If found guilty of sedition, he could face a fine of up to $5,000 and/or a jail term of up to three years.

Since 2005, the Sedition Act has not been used to prosecute netizens, although police warnings have been given. The authorities can investigate the most serious charges and then eventually proceed on another provision, lawyers said.

For greater prosecutorial discretion, the scope of Section 298 of the Penal Code was expanded in 2007 such that any word, gesture or action intended to hurt the religious or racial feelings of a person is a criminal act.

Then Senior Minister of State for Home Affairs and Law Ho Peng Kee told Parliament the 2005 cases raised the question of whether there was a need to prosecute such offenders under the Sedition Act, which carries a heavier punishment.

Ms Amy Cheong, a former assistant director of membership at the National Trades Union Congress, was given a stern warning under Section 298A of the Penal Code for an expletive-filled racist rant on Facebook last year.

One key difference between the Sedition Act and the Penal Code is that the Sedition Act prohibits acts that "may bring into hatred or contempt, or to excite disaffection against the Government" while the Penal Code does not, lawyers note.

Mr Tan said it is a "very tough balance" to achieve. "If the authorities are too strict, people may criticise they're stifling creativity, but if they are too relaxed, then people may take it that the authorities do not regard complaints about such issues seriously."

Cartoonist under probe for 'racially insensitive' works
By Walter Sim, The Straits Times, 25 Apr 2013

THE arrest of Leslie Chew, the cartoonist behind online comic strip Demon-cratic Singapore, was sparked off by a member of the public who made a police report.

This was confirmed by a police spokesman yesterday, who said the illustrator is being investigated under the Sedition Act for "a series of racially insensitive cartoons which are circulating online".

Mr Chew produces the comic strips on a Facebook page which has averaged one new set of cartoons per day since it started in May 2011. According to his legal adviser, lawyer Choo Zheng Xi, the cartoonist is "self-employed" and receives donations through his comic strip.

The page claims that Demon-cratic Singapore is the "full name" of a fictional country, which is "often referred to as Singapore for short". It also says the series is "a totally fictional comic with entirely fictional characters based on wholly fictional events".

The Straits Times understands that the police are referring to a March 27 comic strip, which suggested that Malays are suppressed by the Government.

Mr Chew was arrested last Friday and was released on police bail on Sunday. The comic strip, however, remains online. When contacted yesterday. the 37-year-old declined comment.

Under Section 4(c) of the Sedition Act, it is an offence to publish content that may bring into hatred or contempt or to excite disaffection against the Government or the administration of justice in Singapore, or to raise discontent or disaffection among its citizens or residents.

In 2005, three bloggers were jailed, fined or put on probation under the Act for their racist posts - the first time the Act was invoked since 1966. Since then, these laws have not been used to prosecute netizens, although there have been police reports and warnings. First-time offenders face a fine of up to $5,000 and/or a jail term of up to three years.

Mr Chew disagrees with the premise of the police investigations, said Mr Choo, who added that his client feels the cartoons do not have any seditious tendency and are meant to be humorous.

"He is hopeful that it will not result in a formal charge."

In December, a letter of demand was issued by the Attorney-General's Chambers (AGC) about another comic strip by Mr Chew, which it said "scandalises our Courts through allegations and imputations that are scurrilous and false". That cartoon has also not been taken down, and Mr Choo said there was "no follow- up" by the AGC since.

The AGC declined to comment as the matter is currently under police investigation but Mr Choo says it appears unrelated to the latest complaint. "The (current) complaint relates to the possible Sedition Act charge but I've been told that in the course of the investigations, the police were also asking him about the potential contempt of court cartoon."

Member of Parliament Baey Yam Keng said it is the job of the police to look into any complaints of sedition to see if there is a case for action to be taken."This is unusual because it comes from a cartoonist. Having a disclaimer when one may be making references to Singapore does not provide for a blanket cover," he said.

Mr Chew is a relative unknown among the community of illustrators here. Mr Michael Ng, 49, the co-founder of Organisation of Illustrators Council, a network for local illustrators, said Mr Chew was "quite elusive" and "not really active" within the local scene.

He added: "Cartoons are a means of expression, and while inciting racial hatred is not right, we always treasure and would love if a bit more creative freedom could be extended to artists and illustrators."

* Cartoonist won't face action for sedition

But contempt of court case for 'scandalising judiciary' still stands

By Maryam Mokhtar, The Straits Times, 30 Jul 2013

THE Attorney-General, after reviewing evidence gathered by the police, will not take cartoonist Leslie Chew Peng Ee to court for sedition for an online comic strip.

Chew, 37, was informed of the decision earlier yesterday, the Attorney-General's Chambers (AGC) said.

But he still faces legal action for contempt of court brought against him by the AGC for allegedly "scandalising the judiciary" in four comics.

He had posted the comics on the same online comic series called Demon-cratic Singapore.

The self-employed cartoonist, however, will not face further action "for any offence under section 4(1)(a) read with section 3(1)(e) of the Sedition Act", said the AGC statement yesterday.

Explaining the law, the AGC said that, taken together, the sections refer to "doing an act with a tendency to promote feelings of ill-will and hostility between different races or classes of the population in Singapore".

On his Facebook page on March 27 this year, Chew had posted a comic strip about how a government suppressed the Malay population.

He claims on the page that Demon-cratic Singapore is the "full name" of a fictional country, "often referred to as Singapore for short".

It also says the series is "a totally fictional comic with entirely fictional characters based on wholly fictional events".

But the comic strips are said to bear a strong resemblance to actual situations here.

A member of the public had deemed his March posting racially insensitive and made a police report.

He was arrested on April 19 and released on police bail on April 21.

Yesterday, the AGC said his bail will be allowed to lapse and his passport will be returned to him.

Its statement also advised members of the public not to make statements that could influence or affect ongoing court proceedings.

The contempt of court case, on the four postings made in relation to the Singapore judiciary, will be heard in the High Court on Aug 12.

Chew's lawyer M. Ravi told The Straits Times that his client will not comment on the AGC's decision yesterday.

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