Singapore legislation

Clause 13

of Online Safety (Relief and Accountability) Bill

Clause 13

Intimate image abuse

(1)

In this Act, “intimate image abuse” means the communication of online material —

(a)

that contains, without a person’s (called in this section the victim) consent —

(i)

an intimate image or recording of the victim;

(ii)

an offer to sell or distribute an intimate image or recording of the victim; or

(iii)

an advertisement of an intimate image or recording of the victim; and

(b)

that a reasonable person would conclude is likely to cause the victim harassment, alarm, distress or humiliation.

(2)

In this section —

Definition

“distribute” includes any of the following conduct, whether done in person, electronically, digitally or in any other way:

(a)

to send, publish, supply, show, exhibit, transmit or communicate to another person;

(b)

to make available for viewing or access by another person;

Definition

“intimate image or recording”, in relation to a person —

(a)

means an image or a recording (including an image or a recording that has been altered or generated by any means) —

(i)

of the person’s genital or anal region, whether bare or covered by underwear;

(ii)

of the person’s breasts if the person is a female, whether bare or covered by underwear; or

(iii)

of the person doing a private act; but(b)excludes an image or a recording that no reasonable person would believe depicts that person.Illustrations (a) A copies, crops, and pastes an image of B’s face onto the image of a body of a person who is engaging in a sexual act. This image has been altered to appear to show that B is engaged in the sexual act. This is an intimate image of B. (b) A pastes an image of B’s face onto a cartoon depicting an unknown person performing a sexual act. No reasonable person would believe that B was performing the sexual act. This is not an intimate image of B, but the communication of such an image may, depending on the circumstances, constitute online harassment. (c) A uses digital means, including generative artificial intelligence technology, to create a realistic audiovisual representation of B engaging in a sexual act. This is an intimate recording of B.

(3)

In this section, a person is doing a private act if, under circumstances in which the person has a reasonable expectation of privacy, the person —

(a)

is in a state where the person’s genital or anal region, or breasts (if the person is a female), are exposed or covered only by underwear;

(b)

is using a toilet, showering or bathing; or

(c)

is doing a sexual act that is not of a kind ordinarily done in public.IllustrationA is showering in an open‑concept shower cubicle at the changing room of a swimming pool and cannot reasonably expect not to be casually observed. However, A has a reasonable expectation of privacy that A will not be recorded by a video camera and the recording communicated online. A is doing a private act.

Clause 13 — Online Safety (Relief and Accountability) Bill