Supriya Ghosh (Editor)

Undesirable Publications Act

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Date enacted
  
1967

Undesirable Publications Act

Enacted by
  
Parliament of Singapore

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.

Contents

Overview

The UPA looks after matters relating to the importation, distribution or reproduction of undesirable publications. 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. Under the UPA, it may be a punishable offence to make, sell or distribute objectionable publications, including calendars.

Other than pornography, 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. 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.

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). Review of gazetted publications are conducted in consultation with the Publications Consultative Panel, whereas 17 publications, mostly pornographic that still remain officially prohibited in Singapore may include:

  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. Merely taking one's own photographs or even videos of oneself having sex is yet against the law, however, disseminating this files or material is violates the UPA.

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".

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

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 that cast Prophet Muhammad in negative light.

References

Undesirable Publications Act Wikipedia


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