Singapore legislation

Clause 14

of Online Safety (Relief and Accountability) Bill

Clause 14

Image‑based child abuse

(1)

In this Act, “image‑based child abuse” means the communication of online material that contains any of the following:

(a)

a child abuse image or recording of a person (called in this section the victim);

(b)

an offer to sell or distribute a child abuse image or recording of the victim;

(c)

an advertisement of a child abuse image or recording of the victim;

(d)

any material which appears to be designed or communicated in such a way as to lead to any child abuse image or recording of the victim.Explanation.— Material in subsection (1)(d) includes phrases, keywords, descriptions, hints or hyperlinks published on an online location which enable a person interested in viewing a child abuse image or recording of the victim to locate or access it.

(2)

For the purposes of subsection (1), “child abuse image or recording” means an image or a recording (including an image or a recording that has been altered or generated by any means) of a person who is, or appears to a reasonable person to be, or who is implied to be, below 16 years of age (called in this section a child) —

(a)

that depicts the child —

(i)

as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual);

(ii)

as a victim of sexual abuse;

(iii)

engaging in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or

(iv)

in the presence of another person who is engaging in, or apparently engaging in, a sexual pose or sexual activity;

(b)

that depicts the genital or anal region (whether exposed or covered) of the child where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which a reasonable person would regard as offensive; or

(c)

that depicts the breasts (whether exposed or covered) of a female child where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which a reasonable person would regard as offensive.

(3)

Despite subsection (1), “image‑based child abuse” does not include the communication of material that —

(a)

has a legitimate purpose related to science, medicine, education or art; and

(b)

does not pose an undue risk of harm to any person below 16 years of age.Explanation.— Material has a legitimate purpose related to art which a reasonable person would regard as art.IllustrationA is a photo‑journalist in a war zone. A takes a photo of a child victim of torture and communicates this online as part of A’s work as a photo‑journalist. A’s communication has a legitimate purpose related to education.

(4)

In this section, “distribute” has the meaning given by section 13(2).

Read in full context — Online Safety (Relief and Accountability) Bill →