Singapore legislation

Clause 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:

(a)

an injunction (subject to such terms, if any, as the court thinks fit);

(b)

damages;

(c)

statutory damages under subsection (3).

(2)

The types of relief referred to in paragraphs (b) and (c) of subsection (1) are mutually exclusive.

(3)

In any action under section 13(1), the plaintiff shall be entitled, at his election, to —

(a)

damages in the amount of the loss or damage suffered by the plaintiff as a direct or an indirect result of the contravention referred to in section 13(1); or

(b)

statutory damages —

(i)

not exceeding $25 for each electronic message referred to in section 13(1); and

(ii)

not exceeding in the aggregate $1 million, unless the plaintiff proves that his actual loss from such electronic messages exceeds $1 million.

(4)

In awarding statutory damages under subsection (3)(b), the court shall have regard to —

(a)

whether the contravention by the defendant of section 9, 11 or 12(1) was wilful;

(b)

any loss or damage that the plaintiff has suffered or is likely to suffer as a direct or an indirect result of the contravention referred to in section 13(1);

(c)

any benefit shown to have accrued to the defendant by reason of the sending of electronic messages;

(d)

the need to deter other similar instances of sending of electronic messages; and

(e)

all other relevant matters.

(5)

The loss referred to in this section includes any pecuniary loss suffered as a direct or an indirect result of the contravention referred to in section 13(1).

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