New Law Introduces Safeguards to Protect Racial Harmony in Singapore

In a multi-racial and multi-religious society like Singapore, racial and religious harmony is vital for Singapore’s social cohesion. On 4 February 2025, Singapore’s Parliament unanimously passed the Maintenance of Racial Harmony Bill 2025, consolidating race-related offences, enhancing preventive powers, and introducing new safeguards to preserve Singapore’s delicate racial balance. The law is expected to come into force sometime in 2026.

What is the Maintenance of Racial Harmony Bill?

The Maintenance of Racial Harmony Bill (Bill) seeks to codify and strengthen Singapore’s legal framework for preserving and maintaining racial harmony. The Bill complements existing legislation, allowing the authorities to have a consistent and comprehensive means of tackling issues surrounding racial and religious harmony in Singapore. The broad objectives of the Bill include:

• Consolidation: Currently, the authorities have powers to deal with conduct which threatens racial harmony, but these are found in different pieces of legislation. These include the Constitution, which guarantees that all persons are equal before the law and entitled to equal protection under the law. The Workplace Fairness Bill also prohibits workplace discrimination based on protected characteristics, including race. Race-related offences are currently covered and criminalised under the Penal Code, alongside other offences. The Bill allows the government to consolidate its existing powers to deal with racial issues under one specific piece of legislation, as well as strengthen its ability to deal with threats to racial harmony.
• Harmonisation and signalling: Currently, in the realm of preserving religious harmony, the Maintenance of Religious Harmony Act (MHRA) exists to fulfil that function. The Bill takes close reference from the existing MHRA and aligns the enforcement tools – such as restraining orders and community-based remedies – with those in the MHRA. This also has the added effect of signalling that racial harmony is equally important to Singapore society as religious harmony, with dedicated pieces of legislation for both.

What are the Key Features of the Maintenance of Racial Harmony Bill?

There are five key features of the Bill:

1. Brings over existing race-related offences in the Penal Code
2. Introduces the Community Remedial Initiative (CRI)
3. Establishes a Restraining Order (RO) regime
4. Establishes the Presidential Council for Racial and Religious Harmony
5. Introduces safeguards against foreign influence through race-based entities

1. Brings over existing race-related offences in the Penal Code

Currently, race-related offences are covered and criminalised under the Penal Code. However, they co-exist with other non-race-related offences in the Penal Code. The Bill brings over the existing race-related offences to a standalone piece of legislation.

The bringing over of existing race-related offences is in line with the MRHA. There are four key similarities between the race-related offences in the Bill and the religion-related offences in the MRHA:

1. The offences are aligned with each other. In other words, the conduct captured under the offences in the Bill and the MRHA are the same, with the difference between whether the conduct was done on the basis of race or religion.
2. The penalties for offences in the Bill are the same as the MRHA.
3. The defences for offences in the MRHA have also been added as defences for offences in the Bill. Such defences include:
   • The defence of private communication: If the offending conduct was done in a private setting (e.g. at home), this can be raised as a defence. The rationale behind including this defence is to allow people to have a safe space to freely discuss race in a private setting.
   • The defence of pointing out in good faith: If you point out someone else’s racist communication, you may find yourself unintentionally also repeating the racist communication, which may also be an offence. However, if you had pointed out the same in good faith, this may be raised as a defence. The purpose of including this defence is to allow people to call out perceived racism, and to stop such racist conduct or communication. For example, someone makes a racist comment in public, and you confront the person to get him/her to stop. In doing so, the person denies having said anything, and you inadvertently repeat the racist comment back to him/her. The defence of pointing out in good faith may be available to you in such a situation.
4. The offences in both the Bill and the MRHA have extra-territorial coverage. In other words, if an offence is committed overseas, but targets Singapore and has an impact in Singapore, it will be covered under the Bill and the MRHA. For example, a person based overseas holds a rally in public. He/she starts speaking about how different groups of people in Singapore have different rights based on their race, as well as how certain groups of people of one certain race are treated as “second-class citizens” in Singapore. He/she may be liable for committing the offence of inciting racial hatred and promoting enmity on the basis of race, even though the rally was not held in Singapore.

2. Introduces the Community Remedial Initiative (CRI)

The CRI is a community remedial programme that is an alternative to criminal prosecution. This is also present in the MRHA. Offenders in less serious cases may be diverted from formal prosecution and offered the opportunity to participate in the CRI. Egregious cases will not be offered the opportunity of CRI, in line with the general policy of sending a strong and clear signal that egregious racist conduct will not be tolerated, and will be dealt with severely with the appropriate penalties.

There is no clear line separating less serious cases (where CRI is offered) from egregious cases (where CRI is not offered), and this is largely left up to the discretion of the Minister for Home Affairs. However, if violence is involved, such as where someone encourages violence on the basis of race, this would likely fall within the category of egregious cases. On the other hand, a less serious case might be where someone makes a thoughtless remark about another on the basis of race, though still serious and not tolerated, it does not involve violence. The CRI is entirely voluntary. However, the successful completion of the CRI will be taken into account in the Prosecution’s decision to eventually prosecute the offender or not. In other words, if the CRI is offered, but the offender chooses not to take it up, the likelihood of prosecution would be higher.

The objectives of introducing the CRI are twofold:

1. Reconciliation: The CRI provides offenders with the opportunity to make amends for their conduct and get a better understanding of the community that they attacked. For example, in 2019, a social media influencer referred to two Sikh men who blocked her view at the F1 Grand Prix as “obstructions”. In response, the Young Sikh Association reached out to her, invited her to visit the gurdwara (a place of worship for Sikhs) so that they could educate her about Sikhism. The Minister for Home Affairs lauded this response and said that it precisely captured the spirit of the CRI.
2. Rehabilitation: The CRI gives offenders the opportunity to learn from their mistakes. The Ministry of Home Affairs will work with other community partners like OnePeople.sg and other ministries like the Ministry of Culture, Community and Youth to develop suitable programmes under the CRI. Such programmes can include guided dialogues and reflection sessions with the offenders and affected individuals or community, volunteer work, or participation in inter-religious events.

3. Establishes a Restraining Order (RO) regime

The RO regime is intended to enable the government to act quickly and pre-emptively against content that threatens racial harmony.

Similar to the RO regime under the MRHA, the Minister for Home Affairs can now issue ROs against individuals involved in the communication, production or distribution of content that prejudices the maintenance of racial harmony in Singapore. The ROs may do one or more of the following:

• Prohibit the individual from communicating or distributing specified information or material;
• Prohibit the individual from addressing a specified audience on a specified subject;
• Require the individual to take all reasonably practicable steps to ensure that any specified information or materials are no longer available to the general public in Singapore;
• Prohibit the individual from printing, editing, assisting, or contributing to, any publication or a specified publication; and
• Prohibit the individual from holding office in an editorial board or committee of any publication.

ROs take immediate effect once they are issued, and it is an offence to not comply with an RO. Upon conviction, first-time offenders may be liable to a maximum fine of $10,000 or to a maximum imprisonment term of 2 years, or both. Repeat offenders may be liable to a maximum fine of $20,000 or to a maximum imprisonment term of 3 years, or both.

4. Establishes the Presidential Council for Racial and Religious Harmony

The Bill establishes the Presidential Council for Racial and Religious Harmony (PCRRH), which replaces the existing Presidential Council for Religious Harmony (PCRH). The replacement of the PCRH with the PCRRH recognises that issues to do with race can also have religious dimensions and vice versa. Thus, the formation of a single council facilitates consultation by the Minister for Home Affairs or Parliament on issues pertaining to race or religion in Singapore.

The PCRRH will consist of representatives from the major racial and religious communities in Singapore, as well as individuals who have distinguished themselves in public service or community relations in Singapore. The composition of the PCRRH will reflect the racial and religious diversity in society.

The PCRRH will have the following two main functions:

1. To consider and report to the Minister or Parliament on matters affecting the maintenance of racial and religious harmony in Singapore, which are referred to it by the Minister or by Parliament; and
2. To consider and make recommendations to the President on ROs.

In order to facilitate the functioning of the PCRRH, the Bill is accompanied by amendments to the Constitution, to enable the President to exercise his discretion in deciding on PCRRH appointments, as well as to approve or reject ROs in cases where the Cabinet’s advice is different from the PCRRH’s recommendation. The accompanying amendments to the Constitution were also passed by Parliament.

5. Introduces safeguards against foreign influence through race-based entities

Lastly, the Bill also introduces safeguards against foreign influence through race-based entities. The underlying rationale behind the introduction of such safeguards is the nature of Singapore’s society – being a small, open and digitally inclusive society – which makes Singapore particularly vulnerable to external actors exerting malicious foreign influence to achieve their own agenda. Similar safeguards were introduced against malicious foreign influence for religious groups under the MHRA.

The safeguards comprise 4 main prongs:

1. Designation of race-based entities: A competent authority is empowered to designate race-based entities if considered necessary or expedient to pre-empt, prevent or reduce any foreign influence that may undermine racial harmony in Singapore. If an entity: (1) represents or promotes the interests of any race; or (2) discusses any issues relating to any race, it can be designated as a race-based entity. For example, it was announced at the tabling of the Bill that clan associations and business associations linked to the Chinese, Malay, and Indian races will be designated as race-based entities.
2. Baseline measures applicable to designated race-based entities: Designated race-based entities will need to comply with baseline measures against malicious foreign influence, such as:
   • Disclosing donations accepted from foreign or anonymous sources on an annual basis to the Ministry of Home Affairs;
   • Disclosing foreign affiliations, referring to arrangements or agreements where foreign persons or organisations have a position of control or power over the race-based entity, on an annual basis to the Ministry of Home Affairs;
   • Disclosing the leadership composition of their governing body on an annual basis to the Ministry of Home Affairs; and
   • Complying with the leadership requirements, including that: (1) their officers  (chairpersons, chief executive officers, company secretaries, etc.) must be Singapore Citizens or Singapore Permanent Residents; and (2) the majority of the governing body are required to be Singapore Citizens.
3. Exemptions from baseline measures: Designated race-based entities can apply to the Minister for exemption from some or all of the baseline measures. Additionally, entities slated to be designated will be notified ahead of being designated, and will be provided time to submit their representations against being designated.
4. Issuance of foreign influence ROs: The Minister is empowered to issue foreign influence ROs to impose stepped-up measures on a specific race-based entity. The goal of such stepped-up measures is to pre-empt, prevent or reduce any malicious foreign influence affecting the entity, which may undermine racial harmony, and present a threat to public peace and public order. Such measures include:
   • Prohibiting the entity from accepting any donation from a specified foreign principal or any anonymous donation;
   • Requiring the entity to return or dispose of any donation from a specified foreign principal or any anonymous donation;
   • Prohibiting the entity from forming or maintaining a specified foreign affiliation; and
   • Prohibiting the entity from appointing, admitting or retaining a specified individual as a member of its governing body, or requiring the entity to remove any individual who is not or who ceases to be a Singapore Citizen as a member of its governing body. This would mitigate the risk of Singapore Citizens being used by a foreign principal to exert influence over the race-related entity. For example, a Singapore Citizen with ties to foreign government (e.g. on committees advising foreign governments) may be encouraged to participate in the activities of a race-based entity located in Singapore, such as a Chinese business association. The purpose of doing so is to seek to influence the association’s activities and direction. If this is detected, the Minister may issue a foreign influence RO to stop the association from appointing said individual to the leadership ranks of its association.

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In conclusion, the Bill targets the government’s powers to tackle issues surrounding racial harmony in Singapore, bringing it in line with its existing powers to address issues surrounding religious harmony. As such, the Bill takes close reference from the existing MRHA, and works hand in hand with the MRHA.

If you require additional legal advice or guidance on the implications of the Bill, you can reach out to a criminal lawyer. This is especially if you have concerns or questions about the offences ported over by the Bill. The lawyer will be able to advise you generally on the elements of the various offences, both under the Bill and in the Penal Code. If you have been charged with race-related offences under the Penal Code, the lawyer will also be able to advise you on your next course of action, and represent you in the criminal proceedings if necessary.