Alfian Sa’at Vs Thio Li-Ann Saturday, Oct 27 2007 

Saw this over at Alfian’s blog naif’s journal…..

I sent this to Signel

In the press, Thio Li-Ann has spoken about one hate mail she has received, regarding someone who wanted to ‘defile her grave’.

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From her Parliamentary Speech:

“This August, I had my own experience with this sort of hysterical attack. I received an email from someone I never met, full of vile and obscene invective which I shall not repeat, accusing me of hatemongering. It cursed me and expressed the wish to defile my grave on the day 377A was repealed.

I believe in free debate but this oversteps the line. I was distressed, disgusted, upset enough to file a police report. Does a normal person go up to a stranger to express such irrational hatred?”

From The New Paper:

‘I have already been insulted and received hate mail, even harassment.

‘But should we be a nation of cowed individuals, subjugated by fear of being called hateful names?

[...]

Since her speech on Monday, she has been called terms like ‘homophobic’, ‘unenlightened’ and ‘prejudiced’ on the Internet. Some called her a ‘fundamentalist’.

Many other profanies, vulgarities and four-letter words were hurled at her because of her stand.

Prof Thio said: ‘One person expressed the wish to defile my grave on the day 377A was repealed. And I am conveying the sense of it in the most polite way I know how.

‘I don’t believe in repeating obscenities.’

From TODAY:

Professor Thio herself was “shell-shocked” and made a police report after receiving an abusive email in August from an unnamed stranger who threatened to defile her grave on the day Section 377A was repealed.

“If it was just a rude letter, I’d let it slip. But this really overstepped things,” the law lecturer told Today.

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Some of you might be curious to know what was this mail that was “full of vile and obscene invective”, with “obscenities” she could not repeat, that she had to censor by “conveying the sense of it in the most polite way I know how”.

I reproduce it here for you. I know what that email is because I wrote it. And contrary to the TODAY report that said it was by ‘an unnamed stranger’, I actually signed off with my name, and sent it from my yahoo email account (the one I’m using here). This is the email. It consists of four lines:

*********************

Date: Sun, 12 Oct 2007 05:03 +0800 (CST)
From: “Alfian Bin Sa’at”
Subject: a valentine
To:
lawtla@nus.edu.sg
Sunday, Aug 12, 5.03am

Subject: a valentine

Dear Dr Thio,

This is a personal note to you.

I think you are absolutely fucked up.

As long as you exist, with your hatemongering and your vicious crusades against sexual minorities, I will never leave Singapore. I hope I outlive you long enough to see the repeal of 377A and on that day I will piss on your grave.

With love,
Alfian.

*********************

Thio Li-Ann has filed a police report, accusing me of ‘Intentional Harassment’. On 26 October, I sat for a two-hour investigation at the Tanglin Division Police Station at Kampong Java Road. The Invesigating Officer was a very friendly and helpful man. Those of you with uniform fantasies, please restrain from asking me if he was attractive, because I will not entertain that query. Anyway, he wasn’t in uniform. In my statement, I reported the following.

1) The mail was shot off one night after clubbing with friends (hence the time). Before that, on the cab ride home, I had been told that Thio was the ‘member of the public’ who called the police, resulting in the cancellation of the ‘Pink Picnic’. The officer asked me how I felt when I wrote that letter and I said ‘aggrieved, wounded and helpless’. And then taking a cue from her Parliamentary speech, I added, ‘distressed, disgusted and upset’.

2) I had sent only that one email to her, which I did not think satisfies the criteria of repetition and persistence that would constitute ‘harassment’.

3) The phrase ‘fucked up’, to my understanding, meant ‘dysfunctional’. I said I did not consider the term abusive.

4) I had not threatened her with bodily harm.

5) In fact I had not made any threats to her at all, unless she thinks being a fellow citizen with me in Singapore constitutes a threat.

6) As for ‘cursing’ her with death by talking about outliving her, I said I was merely pointing out the obvious fact of her mortality. I also said that since I was younger than her, I would naturally expect her to die earlier, barring any misfortune. The sympathetic policeman offered to change the word ‘die’ to ‘pass on’ in my statement.

7) On the part about pissing on her grave, I said that gesture was meant to celebrate the repeal of 377A. I also said that a few lawyers had told me it was not illegal to piss on graves.

As the interview went on, the incredulity of it all I think struck the policeman. I told him that if what I sent her constituted harassment, then it would set an impossible precedent. Anyone who has received any message through whatever form of communication causing ‘emotional distress’ can file a police report alleging ‘intentional harassment’.

I asked the policeman why he was even acting on her complaint, and whether he had more urgent cases to attend to. I told him she was wasting taxpayers’ money and state resources. I said this was precisely the kind of ‘bully-boy tactics’ that she spoke of in her Parliamentary speech. I also said I considered her calling the authorities about the ‘Pink Picnic’ to be an example of harassment, and that I felt harassed listening to her Parliamentary speech.

I ended the statement by saying that I hoped she was aware that many of her actions have affected and hurt other people. I said I did not discount the possibility of her receiving other hate mail, but acting on me specifically as I was a strategic target, having written plays with gay themes.

I am posting the ‘hate mail’ here, knowing full well that there will be those who will chide me for my hot-bloodedness and impulsiveness. I apologise to those who think that my ‘uncivil’ four-liner has somewhat sabotaged the repeal-377A cause. But I think the exposure of this woman’s pettiness, tendencies towards exaggeration, as well as her wanton abuse of the legal system, far outweighs the flak I will inevitably receive.

Alfian. : )

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{FOI} - End of email saga between NMP and playwright, Straits Times website, 31 Oct 2007

IT IS over. Nominated MP Thio Li-ann will not be suing playwright Alfian Sa’at for a strongly-worded email he had sent her.

‘I consider the case closed,’ she told The Straits Times on Wednesday.

One reason is that Mr Alfian had sent her an email apology on Wednesday morning that was ‘civil’.

In it, he wrote that he had looked through the Hansard parliamentary records and noted her speeches on other issues such as women’s rights and the elected presidency.

Prof Thio said another primary motivation for her decision is that she wants to live by her espoused principles of the need for robust debate in a democracy.

Said the National University of Singapore law academic: ‘In my academic writings, I have argued, in relation to defamation case law, for more protection to be given to ‘political speech’ by requiring public figures or politicians to be ‘thicker-skinned’, in the interests of robust democratic debate.’

‘That is a primary motivation for not pursuing the matter further - living by my political liberal principles of the centrality of rigorous and vigorous debate for the health of democratic debate.’

She added: ‘I don’t believe anyone should be trigger happy with political defamation suits.’

The episode began when Mr Alfian, thinking Prof Thio had made a police report leading to the cancellation of a National Day picnic organised by gay activists, sent a four-line email to her ‘in a flash of anger’.

It contained a four-letter word and accused her of ‘hatemongering’ and ‘vicious crusades against sexual minorities’.

Prof Thio made a police report, and cited the email in Parliament last week during the debate over the repeal of Section 377A, describing it as being ‘full of vile and obscene invective’.

Mr Alfian later posted the email on his blog, identifying himself as its author.

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{FOI} - Will NMP sue poet for defamation?

TODAY, Wednesday, October 31, 2007

Leong Wee Keat
weekeat@mediacorp.com.sg

HE thought she had made the police report which led to the cancellation of the “Pink Picnic”, a public event that had been planned by gay activists.

In his “flash of anger”, poet and playwright Alfian Sa’at shot off an angry email to Nominated Member of Parliament Professor Thio Li-ann early one morning in August.

Yesterday, Professor Thio denied that she was the person behind the August police report. In an email to the media, she said: “I have only made one police report in my lifetime and that was in relation to the hate email I received … This fact can be verified by the relevant authorities.”

Mr Alfian told Today that he “had heard and saw on a few blogs” alleging that it was Prof Thio who had called the police. He “shot off” the email after returning home from a night of clubbing. “If it was not her, I had done her great wrong and I offer my public apology,” he said.

Prof Thio said: “Perhaps Mr Sa’at was over-zealous in relying on a misleading and unreliable information source, but he remains responsible for the abusive manner of his communication. However, as he has publicly apologised, I think we can all move ahead by learning to argue on substantive public issues in a civil fashion.”

The email was cited by Prof Thio in her speech in Parliament last week against the repealing of Section 377A of the Penal Code. She had described the email as being “full of vile and obscene invective”.

The 63-word email started off stating, “this is a personal note to you”. It then contained one four-letter word, accusations of “hate-mongering”, vows to urinate “on her grave” and was signed off “With love, Alfian”. The email has since been removed from Mr Alfian’s personal blog but has resurfaced on at least two other websites.

Mr Alfian, 29, said he removed the email last week “on the advice from friends”.

Yesterday, Prof Thio raised “the issue of possible defamation” in her letter to the media. The National University of Singapore law professor said: “As his first email to me was prefaced, ‘This is a personal note to you’, no issue of libel arose then. However, as he has reproduced his email of Aug 12, 2007, addressed to me in the public forum of his blog, the issue of possible defamation now arises.”

Lawyers told Today that they have seen an increasing number of cases involving defamatory statements made in blogs.

In this case, Harry Elias Partnership consultant Doris Chia said the email could lower Prof Thio’s reputation. Ms Chia noted, however, that the words were “phrased like an angry tirade. The question is whether how many people will take his sayings seriously”.

Then, there is also the defence of fair comment.

Mr Adrian Tan, a partner at Drew and Napier, said: “The law allows everyone to express their views on public matters, even if those views involve strong language. All honestly-held views are protected, even views which the general public might find offensive.”

Defamation could also be considered a criminal matter under the Penal Code, where anyone guilty of criminal defamation may be jailed for two years, or with fine, or with both.

Yesterday, Prof Thio said she noted Mr Alfian’s public apology and how he had urged others not to follow his “reckless example”.

“His current rejection of using hate-mail tactics containing four-letter words and abusive language to intimidate people is to be welcomed,” she said.

Mr Alfian told Today: “For me, this matter is closed. I have taken down the post, apologised and it would not be productive to take this any further.”

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{FOI} -Why Alfian posted copy of e-mail to NMP online, ST Forum print edition, 31 Oct 2007

IN THE report, ‘Police question poet over e-mail to NMP’ (ST, Oct 30), it was stated that I had ‘emerged as the writer of the strongly worded e-mail to Nominated MP Thio Li-ann’.

This might suggest that the exposure of my identity as the letter-writer was involuntary, and that it was a check with the police that had pinpointed me.

In reality, I had already decided to claim ownership and personal responsibility for the e-mail last Saturday. I posted a copy of the e-mail online, explicitly identifying myself as its author.

Contrary to some reports that stated that it was penned by an ‘unnamed stranger’, the e-mail was sent from my personal e-mail account, signed off with my own name.

Your article also stated, twice, Professor Thio’s assertion that ‘it was full of obscene and vile invective’.

I wish to clarify that the e-mail was no more than four lines in total, in which an impolite word appears but once.

Alfian Sa’at

{FOI} -‘Expression of opinion’ was in fact harassment, ST Forum print edition, 31 Oct 2007

IN THE article, ‘Police question poet over e-mail to NMP’ (ST, Oct 30), one Alfian Sa’at is identified as the writer of the hate mail directed to me on Aug 12. Before this, I had never heard of him.

I note his public apology as reported. His current rejection of using hate-mail tactics containing four-letter words and abusive language to intimidate people is welcomed; he also urged others to eschew his anger-fuelled ‘reckless example’.

While Mr Alfian says he was merely expressing his opinion, this was in fact harassment. A person identifying himself as a ‘gay Singaporean’ e-mailed me to apologise for Mr Alfian’s e-mail which he had read as he was ‘deeply embarrassed by such rude and uncivilised actions from a gay counterpart… I have no idea who this Alfian guy is but his actions cannot be reflective of the collective gay community’. I appreciated his kind message.

Mr Alfian later e-mailed me after the October parliamentary session to explain his ‘motivation’ for his hate e-mail: ‘I shot it off after hearing of how you had made a police report regarding the ‘Pink Run”. I understand this referred to a cancelled public event staged by gay activists. He reiterates this point on his public blog.

Mr Alfian evidently failed to verify his source. He apparently drew a direct link between the ‘Pink Run’ in August and my support for keeping Section 377A of the Penal Code, which I expressed this October in Parliament.

Accurate and fair reporting requires the clarification of one factual error. The assertion on Mr Alfian’s blog that I made a police report (or indeed any other complaint) against a Pink Run is a patent falsehood. The truth is that the only police report I have ever made related to the hate e-mail of one alfian_saat@yahoo.com.sg. The authorities can verify this. Perhaps Mr Alfian was over-impulsive in relying on a misleading and unreliable information source; however, he remains responsible for his abusive manner of communication.

His first e-mail to me was prefaced ‘This is a personal note to you.’ However, its reproduction in the public forum of his blog now raises the issue of defamation.

Politicians and public figures should be thicker-skinned, to serve robust, democratic debate.

Given his public apology, we should move on and aspire towards civilised, rational debate. To demonstrate his genuine remorse, Mr Alfian should remove any inaccurate or defamatory blog posts concerning this incident.

Professor Thio Li-ann

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{FOI} - Police question poet over e-mail to NMP by Chong Chee Kin, Straits Times, 30 Oct 2007

AlfianPOET and playwright Alfian Sa’at has emerged as the writer of the strongly worded e-mail which Nominated MP Thio Li-Ann referred to in her impassioned speech against repealing Section 377A of the Penal Code.

Yesterday, Mr Alfian, 29, confirmed that he was called up for police investigations last Friday, following Professor Thio’s police report about the e-mail, and said he was sorry for giving vent to his anger over her views.

The National University of Singapore law professor had described the e-mail as being ‘full of obscene and vile invective’ when she spoke in Parliament last Monday on why the Penal Code should retain the section that makes sex between men a crime.

The Government has decided to retain 377A, but has removed Section 377, which outlawed oral and anal sex between men and women.

Prof Thio said that she had had a ‘personal unpleasant experience’, when telling the House that some people who disagreed with her views had resorted to name-calling to intimidate and silence the opposing camp.

In particular, she referred to the e-mail she received from ’someone I never met, full of vile and obscene invective which I shall not repeat, accusing me of hate-mongering’.

A police spokesman yesterday said it was ‘inappropriate to comment’ on a matter under investigation, but Mr Alfian - the winner of the 2001 Young Artist Award - told The Straits Times that the incident ‘was not the proudest moment of my life’.

The resident playwright at theatre company Wild Rice added: ‘I apologise if she felt that I was trying to stifle her right to free speech. I also recognise that she has been doing very credible work on human rights issues and I sincerely hope the unfortunate tenor of her Parliament speech will not sabotage all the other causes she has been working for.’

The e-mail was ’sent in a flash of anger’, he said.

Among other things, it vowed to defile her grave if Section 377A was ever repealed.

‘I regret the way that it has been used to taint the pro-repeal camp as being incapable of rational debate,’ he said, adding that he hoped others would not follow his ‘reckless example’.

He said: ‘I was expressing an opinion of her and I believe that opinion was not tantamount to harassment or intimidation.’

When contacted, Prof Thio declined comment.

The incident was under investigation, ‘and as far as I am concerned, the matter is closed’, she said.

PAP Fears Empowerment, Not Some Baloney About Potential For Violence Saturday, Oct 27 2007 

Public assembly ban: Beware the con, SDP, 26 Oct 2007

The Government’s explanation of why protests cannot be allowed in Singapore is meretricious. Singaporeans must beware the con.

In the first place the Constitution, the supreme law of the land, does not give the Government power to ban protests. Public assembly is the right of each and every citizen, not some privilege accorded by the Government.

The exception is made only when national security is threatened, for example, in times of war, in an outbreak of insurgency, or during natural disasters. Even then the declared period of emergency is temporary, not last for half a century.

This is where the Judiciary needs to check the powers of the PAP Executive. Unfortunately, our Courts have failed the people and failed us miserably.

The lie

The PAP pretends that the threat of violence is the reason why outdoor demonstrations are banned.

If that’s the case why did it allow the NTUC to stage a protest against the US embassy in 1998, PAP women MPs to march in 2005, CASE to stage a consumer rights demonstration in 2007, and the Central CDC to conduct a mass walk in 2007?

Why does the Government organise Swing Singapore and permit other outdoor parties where tens of thousands of people gather and where liquor, the main cause of rowdy behaviour, is allowed?

Is there no potential of violence at these public activities?

If there are disturbances at any outdoor gathering, political or otherwise, there are laws and law enforcers to deal with unruly individuals.

But to decree a blanket ban on an activity just because the Government thinks that a few individuals can’t behave themselves is incomprehensible and, to repeat, unconstitutional.

Would the authorities ban football matches just because a rowdy few cause trouble in the stands? Should driving be banned just because a few irresponsible drivers speed or drive drunk?

Similarly, should the right of the overwhelming majority of peace-loving citizens be denied of their right to peaceful assembly just because a few mischief-makers (or perchance agent provocateurs) have other ideas?

Or is the PAP suggesting that the majority of Singaporeans are a riotous lot and that a ban on public protests is the only way to keep their violent impulse in check?

When the Government cannot answer questions with logic and reason (see letter below), and resorts to intellectual and political dishonesty, its authority takes a beating.

The reality

Witness the recent massive street protests in Hong Kong, Taipei, London, etc. where workers and executives, students and teachers, and even grandmas and grandpas take part in peaceful demonstrations.

They were a sight to behold. These people showed that protests are nothing to be afraid of. If they have the maturity to conduct such events, why haven’t Singaporeans?

Such mass participation does something to society; it gives the people a sense of belongingness, a sense of patriotism that no jingle or slogan chanted during the month of August can ever hope to achieve.

A politically engaged citizenry is a motivated citizenry. Such politicization creates the “buzz” that the Singaporean society – and economy – so badly needs.

Most of all, public demonstrations empower the people. They give citizens a voice to which a government must listen.

It is this empowerment that the PAP fears, not some baloney about the potential of violence.

The ruling clique knows that its illegal hold on power is possible only because it keeps the people isolated from one another.

Political power, as demonstrated by the courageous monks in Burma, when flexed by the people is a force that despotic regimes are only too aware of – and fear.

Is it any coincidence why Singapore remains one of the very few places – together with the likes of Vietnam, Cuba. and North Korea – that prohibits public assemblies?

Even countries like China, Malaysia and Iran do not forbid their peoples from protesting in public.

The truth

There are two ways that the public can make its voice heard – through the ballot box and by conducting public protests.

The PAP knows that that while it can manipulate the former, there is little it can do to control the voice of the people in mass demonstrations.

Singaporeans must realize that the election system, in its present form and under present management, will not allow the electorate a genuine say in who it wants in parliament and, by extension, what policies it supports or rejects.

By controlling the Elections Department through the PMO changing the election process through the GRC system, intimidating voters through HDB upgrading, buying votes through the Progress Package, and crippling the opposition through defamation suits the PAP invariably gets the total control it demands.

Think about it. Despite the discontent over the withholding of CPF savings from retirees, the proposed annuity scheme, the fat ministerial salaries, the GST and fee hikes, the incoming disparity, etc. representation in Parliament doesn’t change. It hasn’t since Independence.

Until and unless Government relinquishes its arm-lock on the election system and the media, Singapore will continue to live under the tyranny of the PAP few.

But how are we going to compel it to make the system open and democratic?

Imagine if Singaporeans were to conduct a sit-in outside the Elections Department at Prinsep Street until the Government agrees to an independent elections commission.

Imagine if we were to protest outside Parliament House until the Government agrees to stop its control of the local media and liberalise the industry.

Imagine if Singaporeans were to walk to the Istana demanding that the PAP stops behaving like it owned Singapore.

Now imagine the ruling clique cornered and forced to institute reforms.

And there you have the real answer as to why the Government bans public assemblies.

Pseudonymity: Do also read Gerald Giam’s Government using hyperbole to justify public protests ban

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Govt explains stand on ‘peaceful’ demos, ST Forum, 25 Oct 2007

A FEW letters in the press have argued that peaceful demonstrations should be permitted and even encouraged.

If there can be complete assurance that peaceful outdoor demonstrations cannot turn violent, the case for permitting such activities would be straightforward.

Those with violent goals typically do not declare their intentions upfront.

While most demonstrations and protest marches may not start with violence in mind, instances when they do turn violent are many. Illustrative of this are the violent clashes at WTO meetings in Seattle (1999) and Hong Kong (2005) and, more recently, the G20 meeting in Melbourne (2006).

When Singapore hosts such international events, we must account for the enhanced security threat level they attract. Our top priority must be to ensure the security and safety of the event and participants. We cannot afford to let our guard down or allow activities which undermine our security arrangements to address this threat by diverting and locking down forces for demonstration control and law-and-order functions.

The argument that such violent instances of demonstrations are occasional when compared to the total number of peaceful demonstrations is valid only if we are prepared to bear the costs of such outbreaks, however occasional.

The worst race riots in Singapore history began as peaceful processions. Hence even one such violent riot in Singapore with its attendant loss of lives, injury to persons, and damage to property is one incident too many. Deeper than the physical damage are the scarred relations between communal groups and the erosion of the sense of order and security which Singaporeans value and cherish.

The existing law on outdoor assemblies and processions therefore requires organisers to apply to the police for a permit which the police will evaluate for potential impact on law and order.

Indoor political events organised by Singaporeans for Singaporeans are exempt from having to apply for any permit. This is because the potential for disorder in an indoor setting can be more easily managed should it occur and the extent of damage more reasonably contained from the outset.

We will evolve our policies, as we have, over time but there can be no abdication of the need to always balance maintaining order and security for the larger society while adjusting the parameters to accommodate aspirations for different forms of political expression among some segments of our society.

Toh Yong Chuan
Deputy Director
International and Corporate Relations Division
Ministry of Home Affairs

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