Key Issues 3. RIGHTS TO FREEDOM OF EXPRESSION AND INFORMATION The right to freedom of expression entitles every person to express views and opinions, and is the cornerstone of democracy. This, together with freedom of information, is essential for public participation in decision making. The right is concomitant with the right to freedom of assembly and association. (a) Printing Presses and Publications (Amendment) Act 2012 During the year, an amendment to the Printing Presses and Publications Act 1984 removed the Minister’s absolute discretion over the issuance of licences or permits for the operation of printing presses and publication of serial printed matter. Another amendment repealed the requirement for these licences or permits to be renewed annually, instead allowing such licences or permits to subsist until revoked. The establishment of a Media Council has also been recommended to uphold the practice of ethical journalism. These are progressive moves towards full respect of the right to freedom of information. The Commission welcomes the restoration of the judicial review process, allowing decisions by the Minister to be challenged in court. This affirms the importance of the doctrine of ‘check and balance’ within the system of administration. However, the Commission reiterates that reforms should not be restricted to addressing procedural matters. Laws restricting freedom of expression must be reviewed and the right to access information must be safeguarded. (b) Section 114A of the Evidence (Amendment) (No. 2) Act 2012 Expansion of access to the Internet has widened the opportunity for organisations and individuals to publish news and opinions untrammelled by the authorities. However, the Government has taken preventive steps to curb such freedom of expression, on the basis that this poses a security threat. One example is Section 114A, introduced by the Evidence (Amendment) (No. 2) Act 2012 and which came in force on 31 July. Any person whose name, photograph or pseudonym appears on any content is presumed to have posted or re-posted it via the Internet. This presumption of fact was introduced apparently to facilitate the identification and the proving of identity of individuals who post content anonymously. While the Commission appreciates the difficulty of proving such identity, it is of the opinion that this section could violate human rights, in particular the freedom of expression as enshrined in Article 19 of the UDHR and the International Covenant on Civil and Political Rights (ICCPR). The section may also have the effect of shifting the burden of proof to the person being prosecuted. While the Commission acknowledges that national security is paramount to ensure peace and stability, it is of the view that Section 114A of the Evidence Act must be reviewed or repealed, thus protecting and respecting fundamental liberties and the right to freedom of expression and the presumption of innocence until guilt is proven. 15