Singapore: Conspirators punished without trial

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Fined thousands for a joke

If Rizal van Geyzel’s life has felt like a comedic farce recently, it’s best physically exemplified by the black paint that was splattered not across the door of his comedy club, but of the bank next door.

“They vandalised the wrong door! The bank’s CCTV picked it up. If you are going to throw paint over a door, at least pick the right one,” he laughs.

Van Geyzel is a Malaysian comedian who was the co-owner of the now closed Crackhouse Comedy Club in Kuala Lumpur, the site of the intended paint job. Days before the protest in July 2022, old clips of his stand-up were uploaded onto social media, a move which landed him in court, changed his life and inspired his recent show, Arrested.

“There were three videos overall. In one, I made a joke that despite having a Chinese father, I am what you would call a “privileged Malaysian”, those with government benefits usually entitled to people born to Malay heritage, which I also am.”

These videos were then investigated by police, and van Geyzel was arrested on suspicion of sedition. Spending the night in a jail, he quickly found himself hauled into Kuala Lumpur’s Cyber Crime Court, where sedition was replaced with charges under Section 233 of the Communications and Multimedia Act 1998. The act criminalises “improper use of network facilities or network services” and can result in a maximum fine of 50,000 Malaysian ringgits ($10,000) or imprisonment, or both. He plead not guilty to all charges and was allowed bail set at 12,000 ringgits ($2,500) with one surety.

“It was such a hassle. It was hard because comedy is my sole income. I’m a single father, and my father was clinically ill,” van Geyzel said. His passport was taken by the court, which he had to request if he had shows in other countries.

After a court mix up, further indicative of the farce-like element of his experience, he was also banned from social media for three months. “The judge said I just couldn’t post anything about the ongoing case, but the official court documents stated I couldn’t post on social media period. It took three months to resolve,” he said.

Looking for positives though, van Geyzel laughs about the ban: “I have to say, not going online then was a peaceful time in my life!”

Section 233 of the Communications and Multimedia Act 1998 has its critics, who believe it’s being used to target writers, performers and the public in general for expressing their views on social media and in the press. Making it an offence to create ‘offensive’ material that could make its way online and ‘annoy’ viewers means the act is too open to interpretation, according to the Malaysian writer, poet, and former President of PEN Malaysia, Bernice Chauly.

She said: “It is so broad that any Malaysian can make a police report because they are ‘annoyed’, regardless of whether they are the intended recipient. There is no legal definition of what ‘annoyed’ means.

“It is very disturbing that this provision is being used to silence dissenting voices in a punitive manner…and to target writers and others whose views are critical of those in power.”

Van Geyzel doesn’t speak about the act directly, but believes it’s had a negative effect on the comedy circuit in the country. While he feels comedians in Malaysia are comfortable making jokes about themes such as religious and race issues within the confines of a comedy club, the problem is when people start to record on mobile phones.

“The only paranoia or danger we should feel is what is put online,” he said. “People like to record and post on social media during a show, and this is where it gets dangerous because you don’t know which part they are recording. Fellow comedians will ask what we think about each other’s routines, because things can so easily be taken out of context.”

In July 2023, van Geyzel pleaded guilty to one charge of Section 233 of the Communications and Multimedia Act 1998, for the “privileged Malaysian” joke, and was fined 8,000 ringgits ($1,700). As a result, he faced no conviction record and no further court proceedings.

Why did he plead guilty if he thinks he did nothing wrong?

“I had to view it as a very expensive parking ticket as I couldn’t deal with the court proceedings anymore, and I faced no criminal record. I also wanted my passport to be free!”

Van Geyzel took the positives from his experience and decided to tell his story in a new stand-up show. Arrested is performed around Malaysia, and in August ran at the Edinburgh Fringe Festival where he enjoyed anonymity as a performer, unlike at home.

“In Edinburgh people had no idea of the situation, so I could easily talk about my comedy club being shut down, vandalised, how I was investigated for sedition, then picked up by the coppers, put in lockup for a night and had charges in court, all for jokes that appeared online.

“But then I also talked about how my government perceives stand-up comedy to be a dysfunctional Western import, you know, like democracy, and how easy it is for comedy and freedom of speech to come under attack. It does sound very heavy, but it is a fun show. “Come see how I got arrested for comedy!””

Van Geyzel’s case was so prominent in comedic circles that other comedians under fire for jokes contacted him for advice such as Jocelyn Chia, a Singaporean American comedian. She was heavily criticised online after a video went viral featuring a joke about Singaporean and Malaysian relations, as well as the missing Malaysia Airlines Flight 370. What did van Geyzel say to Chia?

“She asked if she should apologise. Despite what happened to me I said don’t, wait it out, in a few days people will move on to the next thing. Though I have a friend who ‘liked’ the video Chia was in, and he then got heavily abused online.

“When it comes to stand-up you should be able to joke about whatever you want, it’s proper freedom of speech. Unfortunately, though, once it’s online it’s out of your hands.”

For more articles about comedy and comedians under attack, read our new issue Having the last laugh here

Coronation crackdown: It couldn’t happen here…could it?

The heavy-handed treatment of anti-monarchy protesters at King Charles III’s ceremony is ominous

We are still reeling from the events of last weekend when a series of protesters were arrested in London. The protesters, from the anti-monarchy group Republic, had liaised with the police in advance and been given the green light for their demonstration. Despite this they were arrested as soon as they turned up, with no reason given. They spent the day in jail. 

This overreach by the police is, sadly, part of a broader pattern of peaceful protesters and journalists reporting on these protests being arrested, all of which has been exacerbated by the passage last week of the Public Order Act 2023 – which Index has opposed from the get-go. 

Commentators have raised the alarm bell. We’re sleep walking into a dictatorship, some have said. Others have warned of the UK turning into an illiberal democracy, like Hungary. So what lessons can we learn from other places that have seen their rights to protest crumble? We asked a series of people – artists, journalists and activists – to share messages with us here. 

‘Akrestsina prison wasn’t born in a day’

I read Julian Assange’s letter to King Charles III from HMP Belmarsh. I recognise the prison he describes. 1,768 political prisoners in Belarus recognise it. Thousands of Belarusians who took to the streets for peaceful protests recognise it. The name of the prison is insignificant. When I tell people in so-called “first-world countries” that I spent nine days in prison for a peaceful demonstration in Belarus, they get shocked. We come to these countries for security and protection, because we believe that the rule of law works there. Who will protect their own citizens from their state? 

As I followed the news from Coronation day, I questioned: why is the smoothness of the show more important than an individual’s right for freedom of assembly? Why is it so much more important that a bill is passed to make detentions of the organisers legal. They were detained before the protest even began. I remember police in Minsk in 2020 arresting us as we walked from different parts of the city, trying to gather in one spot. I remember the Belarusian oppositional candidate Uladzimir Niakliayeu being beaten up and arrested on his way to the protesters on the post-election night on 19 December 2010. I don’t remember it but I read about the opponents of Lukashenka disappearing in the 90s…

Do you think I’m dramatising and it won’t happen in the UK? Not to that extent? Akrestsina prison, this torture chamber where 53 women were kept in a cell for eight, listening to the screams of men raped with a baton on the corridor, wasn’t born in a day. It is the Frankenstein of a society which disregarded the detentions and calls of activists. Don’t let Britain become Belarus.

Hanna Komar, poet and activist from Belarus

‘Authoritarian governments are watching closely’

After Hong Kong finally lifted its last pandemic restrictions in March this year, the first protests were authorised in more than three years. Ever since coronavirus arrived in the city in January 2020, the pandemic had been used as a pretext for banning demonstrations, giving rise to absurd situations where it was legal to gather in a restaurant in a group of 12 but illegal to congregate outside in groups of more than four. Protests still happened during that time, particularly in response to the introduction of the National Security Law in June 2020, but once the Hong Kong government raised the fine for violating the four-person assembly rule to HK$5,000 (£500), many people were deterred. Nonetheless, a blind eye was turned to larger groups who turned out to support the government.

When it became legal to protest again, there were a lot of strings attached, often literally. In March protesters against a proposed land reclamation project and waste-processing facility were forced to wear number tags and walk in a cordoned-off line with heavy police presence, while the organisers had to agree not to exceed the permitted 100 participants. Another march, for women’s rights, was cancelled by organisers after police said there was a risk of violence. Former members of the now-disbanded Hong Kong Confederation of Trade Unions called off a May Day march after one of the organisers was harassed by police.

The right to protest in Hong Kong is now severely circumscribed, to the point that to do so is to invite police attention designed to deter turning out. The National Security Law has also had a chilling effect on people, who might be fearful of losing their job if they take to the streets. The Hong Kong government continues to claim there is freedom of assembly but, like many freedoms in the city these days, it is highly conditional, even hollow.

Tens of thousands of Hongkongers have moved abroad in the past few years, to Taiwan and Singapore, and also to Western countries, including the UK. For many, it is a refuge away from the deteriorating situation back home. But some are also conscious of how things are not perfect in their new adopted countries. The UK’s Police, Crime, Sentencing and Courts Act, with its emphasis on disruption, has aspects that are similar to restrictions back in Hong Kong, while in France, many have been shocked by the brutality of the police in repressing protests against the government’s pension reform law. Unlike in Hong Kong, there is still the possibility of legal recourse against these measures, but Western countries ought to be aware how their repressive tools undermine their own criticism of governments such as China’s and Hong Kong’s. When British police arrest anti-monarchy protesters, authoritarian governments are watching closely, and are only too happy and eager to use this as a justification, however disingenuously, next time they round up protesters on their own turf.

 Tammy Lai-Ming Ho, poet from Hong Kong 

‘Continue standing up for your voice’

Hungary has a long history of protests. In March 1848, a group of intellectuals kicked off a demonstration against the Habsburg empire, which led to the creation of the dual monarchy after a year-long fight. In 1956, university students sparked a mass protest against the USSR, in which over 2,000 people were killed, but which ultimately resulted in a softer governance. It was a series of protests that led to the toppling of Hungary’s last socialist PM, Ferenc Gyurcsány, too, following the leaking and broadcasting of a profane and controversial speech in 2006. A young right-wing party, Fidesz, organised multiple protests.

Ultimately, these events and Fidesz’s role contributed to the election of party chair Viktor Orbán in 2010. Since then, he has been leading the country into an increasingly anti-democratic future, including cracking down on protesters’ rights.

The country has witnessed plenty of protests since, despite increasingly strict laws and growing retaliation. In the latest, students marched against the restrictions of freedom of teachers. Two events, held one week apart in April and May, were both ended by the police spraying tear gas, in some cases directly in the faces of minors.

The popularity of these protests shows that the Hungarian youth isn’t keen on standing down and giving in to a future without voice, joining youth around the world, be it protesting against monarchy, for pensions or human rights.

Videos of this protest see visibly young people tearing down the metal fence in the Buda Castle, climbing on buildings and chanting the mantra of protests around the world: we won’t allow this.

“This shows that we got under someone’s skin, we started doing something… And maybe we will get even more under their skin,” one young protester said when asked why she persists, by the independent portal Telex.hu. Perhaps this should be a message for all protesters around the world: to continue standing up for your voice and displease those who are trying to take it away. 

Lili Rutai, journalist from Hungary

Contents – Crown confidential: How Britain’s royals censor their records

The winter issue of Index takes as its central theme the censorship of British royal history.

With the recent death of Queen Elizabeth II putting the UK under increased global scrutiny, Index looked at the battle to access royal archives.

Index spoke to historians, academics, and writers, and were surprised at the number of historic files on the Royal Family which are unavailable, and the absurdity of the reasons for denying access to some of them. We have one simple request: end this secretive culture by opening up official archives related to the Royal Family.

Up front

Royal secrecy has no place in a democracy by Jemimah Steinfeld:  We need an end to the UK tradition of keeping royal archives secret.

The Index by Mark Frary: The latest news from the free speech frontlines. Big impact elections, stirring words from the sister of a jailed British-Egyptian activist and a note on billionaire social media takeovers

Features

Mexico’s truth stares down barrel of a gun, by Chris Havler-Barrett: An overreaching military tightens its firm grip in a country mired by violence.

The war the world forgot, by Jemimah Steinfeld: Inside the book exposing the raw truth of the ongoing war in Yemen.

A dissident hero, by Jo-Ann Mort: A journey back to the dissident foundations of Index, through Pavel Litvinov’s memories.

The truth is in the telling, by Kaya Genç: Who decides the limits of disinformation? In Turkey, the government wields the power.

Reaching for an emotional flak jacket, by Rachael Jolley: Trauma takes its toll on journalists, whose mental health is swept under the rug. But are times changing?

Bad seeds, by Vandana Shiva: In seed banks in India, farmers claw back control and give a voice to nature.

Singapore’s elastic band of a Public Order Act, by Kirsten Han: A threat of prison for peaceful protesters, unless you’re in with the right people.

Hong Kong’s valiants with a message for the world, by Yeung Willie Sau: Even in in the face of totalitarianism, the activist chronicling protesters’ journeys refuses to be silenced

Press under pressure, by Alessio Perrone: A new government threatens further erasure of media freedom in Italy – just don’t call them right-wing.

Radical timelines, by Lili Rutai, Mehran Bhat, and Muqeet Shah and Andrew Mambondiyani: A round-the-world tour of social media’s power to both platform and silence.

Tapestry of tyranny, by Katie Dancey-Downs: The embroidery collective stitching stories of Belarus’s political prisoners.

Special Report: Crown confidential

Crown confidential, by Martin Bright: An exclusive Index investigation into the extent Britain’s royals want to control their own story.

Secrets, lies and a costly legal battle, by Andrew Lownie: One historian’s hard fight to reveal the truth about the Mountbattens.

A royal reckoning, by Jenny Hocking: The Queen meddled in an Australian election and then meddled in the history.

Comment

Down with a disclaimer, by Marc Nash:  The crowning glory of the argument against labelling art in the case of The Crown.

The Satanic Verses is the rude contrary of the authoritarian lie, Hanif Kureishi: A celebration of Salman Rushdie’s work and an unwavering stand against the spectre of fascism.

Jamaica needs to be a republic – now, by Roselea Hamilton: Support for the monarchy is fading on this commonwealth island.

Report first, talk later…, by Richard Sambrook: Has pressing emotional buttons become the driving force of news?

UK law risks criminalising the innocent, by Danny Shaw:  The most draconian piece of legislation in years will kill protest.

Crowning glory, by Ben Jennings: Announcing the birth of a right royal cartoon.

Challenge the gatekeepers, by Ruth Anderson: We need a conversation about where lines are drawn and by whom.

Culture

Russia’s exiled author writes back: by Martin Bright and Zinovy Zinik: An exclusive new story from an author who escaped under the Iron Curtain.

The Unbeaten, by Jemimah Steinfeld: Unpacking samizdat success, writing from Ukraine and keeping creative spirit alive, over coffee with Andrey Kurkov.

The smile that says a thousand words, by Katie Dancey-Downs and Danson Kahyana:  A Ugandan poet turns the trauma of an attack into an act of bravery.

Truth, down under, by Francis Clarke and Diane Fahey: Falling for fake news like lemmings off a cliff.

Last word, by Masih Alinejad: The Iranian activist on the growing protest movement and what book she’d read in prison.