Updates to religious harmony law will 'ensure it stays relevant'

Proposed changes to the Maintenance of Religious Harmony Act (MRHA), which will allow the Government to take immediate action against inflammatory online material and curb foreign influence, has received unanimous backing from religious groups here.

Even though the 29-year-old law has never been invoked, the groups say the amendments introduced in Parliament yesterday will ensure that it stays relevant in the Internet age.

Sikh Advisory Board secretary Malminderjit Singh said he hopes the law will continue to remain unused, but an update was overdue.

He told The New Paper: "Our borders are more porous to ideas and people than it was before... We want to fine-tune the MRHA to make sure it is an adequate response."

The Roman Catholic Archdiocese of Singapore said that updating the Act will ensure Singapore can respond effectively to new threats that harm religious harmony.

"With the pervasiveness of the Internet and social media, hateful messages that can fracture religious harmony can spread faster and wider," it said in a statement.

PROPOSED CHANGES

One of the proposed changes will allow restraining orders issued under the Act to take immediate effect and broaden the order's scope, allowing the authorities to take down online material that is offensive.

Currently, a 14-day notice must be served before such restraining orders can take effect.

With the proposed amendments, restraining orders can also be issued to religious organisations if foreigners are found to have influenced them and undermined religious harmony.

Such organisations can be banned from receiving foreign donations, required to have a governing body comprising only Singapore citizens, or required to suspend or remove foreigners from office.

Said a Ministry of Home Affairs (MHA) spokesman: "The MRHA performs an important function of clearly stating the boundaries of what is acceptable and unacceptable behaviour in order to maintain religious harmony in Singapore.

"This function continues to be important, even if we had not had the need to issue a restraining order under the MRHA all these years."

The appeals process remains unchanged, and offenders can make representations to the Presidential Council for Religious Harmony, which will then make a recommendation to the President to confirm, vary or cancel the restraining order.

FOREIGN INFLUENCE

To further curb foreign interference, the proposed changes will impose requirements on religious organisations, ensuring a majority of their governing body is made up of citizens.

The position of president, secretary and treasurer, or equivalent roles, must also be filled by citizens or permanent residents.

About 100 of the 2,500 religious organisations here may have difficulties meeting the proposed requirements, so exemptions may be granted on a case-by-case basis, MHA said.

Religious groups will also be required to disclose one-time donations of $10,000 or more from foreigners and declare affiliations to foreign individuals or organisations in a position to exert influence.

Certain types of donations, such as those collected in donation boxes, zakat and fitrah, will be exempted.

OFFENCES

Penal Code offences pertaining to religious harmony will be consolidated under the MRHA, covering acts that incite violence on the basis of religion or against a religious group, acts that incite ill will and acts that insult or wound religious feelings.

As long as they target Singapore or have an impact here, the offences will apply even if the conduct was overseas, MHA said.

For the latter two offences, religious leaders will be held to a higher standard of behaviour, with similar penalties but a different threshold.

For non-religious leaders, the act must risk disturbing the public peace before it is considered an offence.

Besides criminal prosecution and restraining orders, the proposed amendments will also introduce a new community remedial initiative (CRI).

The CRI will give those who wound the feelings of people of another faith a chance to take remedial action, depending on the type of offence committed and the context.

These actions could include making a public or private apology, or participating in activities that help offenders better understand the religious group they offended.

The MHA spokesman said the CRI is voluntary and the remedial action will be determined case by case.

MHA may consult the religious leaders on both sides before making the final decision.

Criminal prosecution will not be taken against offenders who complete the CRI, MHA added.

Institute of Policy Studies senior research fellow Mathew Mathews said infractions that have upset religious groups here have generally not been malicious.

Instead, they come from a lack of sensitivity or a lack of understanding of religious beliefs and practices.

He told TNP: "This community-based approach is appropriate. There are attempts to acknowledge mistakes, seek forgiveness, offer forgiveness and engage in inter-religious activities, which ultimately improve relationships.

"It also highlights that the community is capable of managing some of the tensions that come from living in a multi-religious society."