Singapore legislation

Section 32

of Air Navigation Act 1966

Section 32

Prohibited photography over protected areas

Amended by16/201516/201534/201934/201934/201916/201516/201516/2015

(1)

The Minister may by order in the Gazette declare any area to be a protected area within the meaning of this section.

Amended by16/2015

(2)

If —

(a)

an unmanned aircraft has on board equipment for taking photographs when flying; and

(b)

a photograph is taken of the whole or any part of a protected area using that photographic equipment on board the unmanned aircraft,the operator of the unmanned aircraft, and the person taking the photograph if the person is not the operator, shall each be guilty of an offence.

Amended by16/201534/2019

(3)

A person who is guilty of an offence under subsection (2) shall be liable on conviction —

(a)

to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but(b)where the person is a repeat offender, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

Amended by34/2019

(4)

A person is a repeat offender in relation to an offence under subsection (2) if the person has been convicted or found guilty (whether before, on or after 21 December 2019) on at least one other earlier occasion of an offence under subsection (2).

Amended by34/2019

(5)

In proceedings for an offence under subsection (2) —

(a)

it is not necessary for the prosecution to prove that an accused knew or had reason to believe that —

(i)

the area is a protected area; or

(ii)

the unmanned aircraft had on board equipment for taking photographs when flying; but (b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that —

(i)

the photograph of the whole or any part of the protected area using photographic equipment on board the unmanned aircraft was not taken intentionally but was taken because of weather conditions or other unavoidable cause; or

(ii)

the accused has in force a permit from a competent security officer and had, in accordance with that permit, taken, or caused to be taken, any photograph of the whole or any part of a protected area using photographic equipment on board the unmanned aircraft.

Amended by16/2015

(6)

Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010.

Amended by16/2015

(7)

In this section, a reference to taking a photograph includes a reference to —

(a)

making a film or a video recording; and

(b)

making a recording of images for the purpose of broadcasting or live‑streaming the images.[7

Amended by16/2015
Section 32 — Air Navigation Act 1966 | laws.sg