Singapore legislation

Clause 13

of Women’s Charter (Family Violence and Other Matters) (Amendment) Bill

Clause 13

Replacement of section 177A

In the principal Act, replace section 177A with —“Restriction on publishing information, etc., leading to identification of women and girls in places of safety, etc.177A.—

(1)

A person must not, without the approval of the Director‑General, publish or broadcast any information that identifies, or is likely to lead to the identification of —

(a)

the location of a place of safety; or

(b)

a woman or girl as being or having been a resident of a place of safety.(2) A person must not, without the approval of the Director‑General, publish or broadcast any information that identifies, or is likely to lead to the identification of —

(a)

a woman or girl as being or having been committed to the care of a fit individual under the provisions of this Part;

(b)

an individual as being an individual to whose care a woman or girl is or was committed under the provisions of this Part; or

(c)

the location of a place where a woman or girl is residing or resided while committed to the care of a fit individual under the provisions of this Part.(3) Subsection (1) does not apply to any of the following:

(a)

the publication in the Gazette (in electronic or other form) of an order under section 177;

(b)

the publication under the Revised Edition of the Laws Act 1983 of a revised edition of subsidiary legislation (in electronic or other form) that relates to an order under section 177;

(c)

the publication of an order under section 177, a revised edition of subsidiary legislation referred to in paragraph (b), or any copy of any such order or revised edition of subsidiary legislation, on —

(i)

any legislation website maintained by the Government; or

(ii)

any website licensed by the Government to maintain a collection of subsidiary legislation made under this Act.Offence(4) If any information is published or broadcast in contravention of subsection (1) or (2) —

(a)

in the case of the publication of the information as part of a newspaper or periodical publication — each proprietor, editor, publisher and distributor of the newspaper or periodical publication;

(b)

in the case of the publication of the information otherwise than as part of a newspaper or periodical publication — the person who publishes or distributes the information; or

(c)

in the case of the broadcast of the information — each person who transmits or provides the programme in which the information is broadcast, and each person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall be guilty of an offence and shall 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.(5) In proceedings for an offence under subsection (4), the court may, whether or not there is a conviction for the offence, order a person to remove the publication, or cease the broadcast, of any information that is in contravention of subsection (1) or (2).Application to remove contravening publication or broadcast(6) A Family Court may, on an application by the Director‑General, order a person to remove a publication, or cease a broadcast, that contravenes subsection (1) or (2).(7) A Family Court may make an order under subsection (6) even if —

(a)

the application is not served on the person against whom the order is sought (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or

(b)

where the application has been served on the respondent — the respondent does not appear at the hearing of the application,so long as the Family Court is satisfied, on a balance of probabilities, that the order is necessary for the protection or personal safety of the woman or girl concerned.Definitions(8) In this section —“broadcast” means sounds or visual images or both —

(a)

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;

(b)

broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or

(c)

broadcast through any messaging system;“information” includes an image;“publish”, in relation to any information, means to bring the information to the notice of the public or a section of the public by any means, including (to avoid doubt) through —

(a)

the Internet or any website, web service or Internet application; or

(b)

any messaging system;“resident”, in relation to a place of safety, includes a woman or girl detained or received into a place of safety under the provisions of this Part.”.

Clause 13 — Women’s Charter (Family Violence and Other Matters) (Amendment) Bill