Singapore legislation
Section 14
Section 14
Injunction and damages for civil action
(1)
Subject to the provisions of this Act, in an action under section 13(1), the types of relief that the court may grant include the following:
an injunction (subject to any terms that the court thinks fit);
damages;
statutory damages under subsection (3).
(2)
The types of relief mentioned in paragraphs (b) and (c) of subsection (1) are mutually exclusive.
(3)
In any action under section 13(1), the plaintiff is entitled, at the election of the plaintiff, to —
damages in the amount of the loss or damage suffered by the plaintiff as a direct or an indirect result of the contravention mentioned in section 13(1); or
statutory damages —
not exceeding $25 for each electronic message mentioned in section 13(1); and
not exceeding in the aggregate $1 million, unless the plaintiff proves that the actual loss suffered by the plaintiff from such electronic messages exceeds $1 million.
(4)
In awarding statutory damages under subsection (3)(b), the court is to have regard to —
whether the contravention by the defendant of section 9, 11 or 12(1) was wilful;
any loss or damage that the plaintiff has suffered or is likely to suffer as a direct or an indirect result of the contravention mentioned in section 13(1);
any benefit shown to have accrued to the defendant by reason of the sending of electronic messages;
the need to deter other similar instances of sending of electronic messages; and
all other relevant matters.
(5)
The loss mentioned in this section includes any pecuniary loss suffered as a direct or an indirect result of the contravention mentioned in section 13(1).