Singapore's New Social Cohesion Law: Restraining Orders, Foreign Influence Disclosure, and What It Means

Bottom line: Singapore's Maintenance of Racial Harmony Act 2025 came into force on 15 September 2026, expanding the country's governance framework from a purely "religious harmony" model to a dual-track system covering both race and religion. The law's core features include: (1) granting the Minister for Home Affairs power to issue Restraining Orders against those spreading content harmful to racial harmony, effective immediately upon service; (2) imposing foreign donation and foreign influence disclosure obligations on approximately 300 "race-based entities," including clan associations and chambers of commerce; and (3) introducing a Community Remedial Initiative that allows minor offenders to undertake community service in lieu of prosecution.

1. Background and Commencement

The Maintenance of Racial Harmony Act 2025 was passed by Singapore's Parliament on 4 February 2025 and came into effect on 15 September 2026. The law consolidates race-related provisions previously scattered across the Penal Code and the Maintenance of Religious Harmony Act 1990 into a single dedicated statute for the protection of racial harmony.

In parallel, the Maintenance of Religious Harmony Act 1990 was amended, with its Presidential Council for Religious Harmony replaced by a new Presidential Council for Racial and Religious Harmony. This institutional consolidation means that race and religion are no longer managed through two parallel systems but are brought under a unified governance framework.

The Act is positioned as legislation that consolidates and strengthens the existing legal framework, responding to the new challenge of racially offensive content spreading rapidly in the social media era.

2. Restraining Orders: Speed and Procedural Safeguards

Restraining Orders are the centrepiece enforcement tool of the Act. Under its provisions, the Minister for Home Affairs may issue a Restraining Order against any individual who makes, publishes, or distributes content harmful to racial harmony.

The key difference from the previous regime is speed. The revised Restraining Order framework removes the previous 14-day notice period. An order takes effect immediately upon service, without prior notice or consultation. This change directly addresses the reality that, in the internet age, harmful content can spread at scale within hours.

Specific restrictions a Restraining Order may impose include prohibiting the person from further distributing the specified material, and requiring them to take all reasonably practicable steps to ensure the content is no longer publicly accessible in Singapore. Breaching a Restraining Order is a criminal offence punishable by a fine of up to S$10,000 or imprisonment of up to 2 years, with heavier penalties for repeat offenders.

On procedural safeguards, all Restraining Orders must be referred to the Presidential Council for Racial and Religious Harmony for review. The affected person may make representations to the Council. The Council submits its independent advice to the President, the Cabinet provides its advice to the President, and the President ultimately decides whether to confirm, cancel, or vary the order. Where Cabinet advice diverges from Council advice, the President has constitutionally vested discretion.

3. Foreign Influence Disclosure: From Religious Groups to "Race-Based Entities"

The Act's most institutionally innovative provisions extend the foreign influence regulatory framework — previously applicable only to religious groups — to "race-based entities."

Approximately 300 clan associations and chambers of commerce will be designated as race-based entities, subject to foreign donation and foreign influence disclosure requirements similar to those for religious groups. The designation criterion is that the entity represents or promotes the social, economic, political, educational, linguistic, cultural or other interests of any race, or discusses any race-related issues.

Specific disclosure obligations include that any single foreign or anonymous donation of S$10,000 or more must be reported, and arrangements with foreign entities that would enable them to exercise control or substantial influence over the local entity must be reported to the Foreign and Political Disclosure Registry.

Notably, the scope of exemptions includes donations from Singapore permanent residents, foreigners holding valid work passes, anonymous donations in religious place donation boxes, collections during congregational worship or religious ceremonies, and non-cash donations such as statues or ritual items — all of which are exempt from reporting even if they meet the threshold.

Leadership nationality requirements also apply to designated entities: responsible officers, equivalent to president, secretary, and treasurer roles, must be Singapore citizens or permanent residents, and a majority of governing body members must be Singapore citizens.

The Ministry of Home Affairs has indicated it will provide guidance to designated entities before the first reporting obligation falls due in April 2028.

4. Community Remedial Initiative: Balancing Punishment and Repair

The Act introduces a Community Remedial Initiative, offering an alternative to prosecution for minor racially offensive conduct.

Under the mechanism, the Minister for Home Affairs may offer a person who has hurt the feelings of another religious or racial group the option to participate in remedial actions, such as public or private apologies, or participation in inter-religious or inter-racial activities. The initiative is voluntary — the person may decline, and refusal or non-completion does not constitute an offence. However, if the person agrees and completes the remedial action, the Minister undertakes not to refer the case for criminal prosecution.

Egregious cases involving incitement to violence or serious damage to social cohesion are not eligible and will be considered for criminal prosecution directly. This design reflects a tiered approach: repair relationships for minor offences, but maintain criminal accountability for serious violations.

5. Institutional Logic and Observations

The Act's design continues Singapore's consistent style of social governance: strong legal tools as deterrence, but cautious actual enforcement.

Then-Home Affairs Minister K. Shanmugam noted during the 2025 parliamentary debate that the Maintenance of Religious Harmony Act 1990 had never seen a single Restraining Order issued in over three decades of operation — yet the very existence of the legal framework made clear to everyone what is unacceptable. This statement suggests that the new Act's Restraining Order powers will likewise operate on a keep it, rarely use it basis.

From a broader perspective, the Act reflects an upgrade in Singapore's approach to social cohesion governance: no longer treating race and religion in isolation, but covering both under a unified harmony framework, and extending foreign influence regulation from the religious sphere to a wider range of race-based social organisations. For the approximately 300 clan associations and chambers of commerce, this means new compliance obligations — but also an institutional framework that clarifies their position in a plural society.

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