Singapore legislation
Section 22
Section 22
Restriction on publication of information leading to identification of vulnerable adult, etc.
(1)
A person must not, without the Director‑General’s approval, publish or broadcast any information or picture that identifies, or is likely to lead to the identification of —
an individual who has been or is the subject of any investigation, examination, assessment or treatment under this Act relating to whether the individual is a vulnerable adult experiencing or at risk of abuse, neglect or self‑neglect;
a vulnerable adult who has been committed to a place of temporary care and protection or place of safety or to the care of a fit person under this Act; or
a vulnerable adult who is the subject of an order made by a court under this Act.
(2)
Also, a person must not, without the Director‑General’s approval, publish or broadcast any information or picture that identifies, or is likely to lead to the identification of —
a place of temporary care and protection or place of safety to which an individual or a vulnerable adult mentioned in subsection (1)(a), (b) or (c) is committed, or the location of such a place of temporary care and protection or place of safety; or
a fit person under whose care an individual or a vulnerable adult mentioned in subsection (1)(a), (b) or (c) is placed, or the location of the premises of such a fit person.
(3)
Nothing in subsection (2) prevents a place of temporary care and protection, place of safety or fit person from publishing its, his or her address in any publication, or on the website, of the place of temporary care and protection, place of safety or fit person, as the case may be.
(4)
The court may, on an application made by the Director‑General or a protector, order a person to remove the publication, or cease the broadcast, of any information or picture that is in contravention of subsection (1) or (2).
(5)
The court may make an order under subsection (4) even if —
the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or
where the application has been served on the respondent — the respondent does not appear at the hearing of the application,so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection and safety of the individual or vulnerable adult concerned.
(6)
If any information or picture is published or broadcast in contravention of subsection (1) or (2) —
in the case of the publication of any information or picture as part of a newspaper or periodical publication, every proprietor, editor, publisher and distributor of the newspaper or periodical publication;
in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication, every person who publishes or distributes it; or
in the case of the broadcast of any information or picture, every person who transmits or provides the programme in which the information or picture is broadcast and every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.
(7)
The court may, in addition to any punishment mentioned in subsection (6), order a person to remove the publication, or cease the broadcast, of any information or picture that is in contravention of subsection (1) or (2).
(8)
To avoid doubt, this section does not apply to, or in relation to, the publication of a notice mentioned in section 14(2)(b)(ii).
(9)
In this section —
Definition
“broadcast” means sounds or visual images —
broadcast by wireless telegraphy, or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception;
broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or
broadcast through any messaging system;
Definition
“messaging system” means any system that enables the transmission of short text messages, or of any visual communication, voice communication or electronic mail —
from a digital mobile telephone to another digital mobile telephone; or
from an electronic mail address to a digital mobile telephone, and the other way around;
Definition
“publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including (to avoid doubt) through —
the Internet or any website, web service or Internet application; or
any messaging system.