Jolovan Wham gets Discharge Amounting to Acquittal for “Smiley” Charge

During a Court hearing earlier today, the Prosecution informed the Court that they will be withdrawing a charge against Jolovan in respect of the incident where he held a cardboard sign bearing a smiley face in Toa Payoh Central.

The Smiley Incident

The incident occurred on 28 March 2020 at 1.00pm in Toa Payoh Central. Jolovan, an civil rights activist and social worker, said that he held the smiley sign “in support of 2 youth climate strikers“.

I was summoned to Tanglin Police Division this evening, where I was informed I was being charged under the Public Order Act for participating in a one person assembly. I had held a smiley sign in support of 2 youth climate strikers who were investigated by the police.

— Jolovan Wham (@jolovanwham) November 19, 2020

These climate strikers he referred to are 20-year-old Nguyen Nhat Minh, and 18-year-old Wong J-min. They were both student climate activists who held signs in front of Toa Payoh Community Club, and the ExxonMobil Singapore Office, respectively.

As you can see, the spot where Jolovan stood with his “smiley” is not too far off from where Minh stood with his sign that read “SG IS BETTER THAN OIL“.

International Headlines

The fact that a man was charged for holding a cardboard with a smiley on it made global headlines. It was featured on, amongst other major newspapers, the BBC, the New York Times, and the Guardian.

#SmileInSolidarity

The event also sparked off the #SmileInSolidarity movement where people took photos with smiley faces and published them in solidarity with Jolovan. In total, more than 200 people submitted their photos for the movement.

As an extension of the movement, smiley masks and t-shirts went on sale too.

Criminal Charges

Jolovan was formally charged under the Public Order Act for the “Smiley” on 19 November 2020. In his charge sheet, when asked if he wished to say anything, he wrote:

#smileinsolidarity

DISCHARGE AMOUNTING TO AN ACQUITTAL

During a sentencing hearing today for a separate offence under the Public Order Act where Jolovan was fined $3,000 (15 days imprisonment in default), the Prosecution informed the Court that they will be applying to withdraw the “Smiley Face” charge. The Court then stated that Jolovan will receive a discharge amounting to an acquittal for the charge.

In respect of the other charge, his lawyer, Mr Eugene Thuraisingam informed the Court that Jolovan intends to appeal against his conviction and sentence.

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