Singapore’s laws and institutions must evolve and keep pace in age of AI: PM Wong

Legal frameworks in Singapore were not designed for a world where machines can make consequential decisions, and the Republic needs to rethink fundamental assumptions about responsibility, liability and accountability moving forward, said Prime Minister Lawrence Wong on May 13.

But even as society grapples with such questions and harnesses technology, it must be clear that the law ultimately rests on human judgment, he added.

In a speech at the SGLaw200 Youth Forum at Singapore Management University’s Yong Pung How School of Law, PM Wong also addressed principles that underpin Singapore’s legal system, areas in which the system can be improved, and the international rule of law.

The event marking the bicentenary of Singapore’s legal system was organised by the Ministry of Law (MinLaw) and Institute of Policy Studies.

PM Wong said artificial intelligence is advancing faster than legal systems around the world can adapt, the consequences of which can be seen in more sophisticated scams, deepfakes that destroy reputations overnight, and rapid misinformation campaigns.

“These are not hypothetical risks. They are already here,” he said.

On reviewing Singapore’s laws in the age of AI, PM Wong said this will not be an easy process.

“Move too slowly, and the law falls behind while, potentially, people get hurt. Move too quickly, and we risk stifling innovation,” he said.

“Once again, we must strike the right balance – between safety and progress, between control and creativity.”

Addressing an audience that included members of the judiciary and tertiary students, PM Wong asked: “When an AI system causes harm – a wrong medical diagnosis, a fatal accident involving a self-driving car – who should be held accountable?

“The developer who built it? The one who wrote the algorithms? The company that deployed the machine? Or the person who used it?”

He added: “Machines can assist, analyse and recommend, but questions of responsibility, fairness and justice cannot be delegated entirely to algorithms.

“These are human questions, which humans must decide – and that must always remain so.”

Rule of law in Singapore

Citing Singapore’s multiracial, multi-religious society, PM Wong said stability is an “existential necessity”, without which there would be no Singapore.

This reality, he said, has shaped Singapore’s approach to the rule of law, where the emphasis is on safeguarding the wider public interest, and the Government has the ability to act decisively and swiftly when circumstances demand it.

“But these powers are not unchecked,” said PM Wong. “They are exercised within a system of strong institutions – an independent judiciary, a professional and impartial civil service, and regular free and fair elections.”

The key to these institutions is balancing a system strong enough to govern effectively, and constrained enough to prevent abuse, he said.

He added: “This balance works only because of trust.

“Singaporeans trust that the Government they elect will exercise its powers responsibly. And the Government, in turn, is accountable to the people for how these powers are used.”

This trust, he said, has been built up carefully over generations, and must continue to be earned and renewed.

The test of any system is whether it delivers good outcomes, PM Wong said, adding that the rule of law must be something people experience in their daily lives, including “in the safety they enjoy, the fairness they expect, and the confidence they have in their institutions”.

He cited three examples of how this plays out in Singapore – corruption, drug trafficking, and speech and the online space.

PM Wong said Singapore’s strict zero-tolerance approach towards corruption means that laws are enforced firmly, investigations carried out independently, and standards apply to everyone, regardless of position or status.

Beyond maintaining a good business environment, the Prime Minister said Singapore’s stance reflects the principle of fairness, and that opportunities “are based on merit, not connections or privilege”.

Moving to drug trafficking, he cited a hypothetical scenario where the police find heroin in someone’s luggage at Changi Airport.

In legal systems abroad, said PM Wong, the prosecution must prove beyond reasonable doubt that the accused knew he was carrying drugs – something he said is “often extremely difficult”.

PM Wong said that in Singapore, the law presumes you knew they were there, if drugs are found in your possession, and that the burden is on you to prove otherwise.

“This reflects a practical reality – you are best placed to account for what is in your possession,” he said, adding that there are important safeguards and that every case goes through a full investigation and trial before an independent judge.

Citing capital cases, PM Wong said the state appoints a lawyer for the defence at no cost.

“Every death penalty verdict is automatically reviewed by the Court of Appeal, even if the accused does not appeal,” he said.

“So the system is firm, but it is also fair. And it protects society while upholding due process.”

On speech and the online space, PM Wong said Singapore takes a different view from countries where offensive speech is protected in the name of free expression.

“Words do not exist in a vacuum,” he said, adding that speech that demeans race or religion can divide society, polarise and normalise hatred.

History shows that such speech can lead to violence, PM Wong said, adding that Singapore, with its diverse society, cannot treat such risks lightly.

To this end, he said, the country has laws against speech that incites racial or religious hatred, and to counter the spread of online falsehoods.

Noting that some have criticised this approach as overly restrictive, PM Wong said that even societies that once took a more permissive approach are tightening their laws.

He added that on the whole, Singapore’s approach to the rule of law has delivered good outcomes for citizens, as the country is among the safest and least corrupt in the world, and public trust in institutions remains high.

“People have confidence that the rules are applied fairly, contracts are upheld, and disputes are resolved impartially,” he said, adding that this has been achieved by an entire system working together, and not by any single law or institution.

He said that none of this happened by chance, and was “the result of deliberate choices, made with a clear understanding of our context, circumstances and constraints”.

Access to justice

PM Wong also highlighted the role of the Public Defender’s Office (PDO) in ensuring better access to justice for accused persons who cannot afford legal representation.

Established in 2022, the PDO provides criminal defence aid to vulnerable individuals who have limited means and are facing non-capital charges.

While Singapore could build the best legal system in the world, said PM Wong, this means very little for ordinary citizens if it is out of reach to them.

“A system only works if everyday Singaporeans can use it to find justice and enforce their rights,” he added.

But he noted that access to justice is not just about lawyers or courts, but also about legal awareness.

He said that people must know their rights, and understand how to exercise them, failing which “protections of the law exist only on paper”.

“Here, we know that gaps still remain, especially for vulnerable groups who may not know how to navigate the legal system,” said the Prime Minister.

He said MinLaw has hence set up a task force to promote a more inclusive justice system, tapping public agencies, legal professionals and community partners to identify and close the gaps.

The task force, announced on Jan 8, will review how the Government can better support people with mental health conditions and special needs within the criminal justice system.

Key fundamentals

PM Wong said that even as Singapore’s legal system evolves, some fundamentals must remain, such as pragmatism and public trust.

On pragmatism, he said that “laws must ultimately deliver real outcomes for ordinary people”.

“A legal theory that reads beautifully in a textbook, or a system that works well in a larger or more homogenous society, may not work for Singapore,” he said, adding that the country cannot import solutions wholesale and that laws must be shaped by Singapore’s own circumstances.

PM Wong also said the legal system is a living social compact that depends on people continuing to believe in and uphold it, and that its foundations will weaken if people lose faith in it.

“That is why public trust matters so much,” he said, adding that key institutions such as the police, the Attorney-General’s Chambers and the judiciary must uphold the highest standards and always act with integrity and in the public interest.

“The moment people think that power is being used for private gain, trust begins to erode. And once trust is lost, it is very hard to rebuild,” he said.

PM Wong said that in a more turbulent and uncertain world, strong rule of law is one of Singapore’s most valuable assets and helps keep society stable.

But every generation must renew and protect the rule of law in its own way, he added.

He said: “If we continue to do this well, Singapore will not just be a place where the rule of law is upheld, but we will be a society defined by fairness, justice and trust.

“And that is the kind of Singapore we must continue to build together.”

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

International law a matter of national interest for small countries like Singapore: PM Wong