Singapore legislation

Clause 20

of Online Safety (Relief and Accountability) Bill

Clause 20

Incitement of enmity

(1)

In this Act, “incitement of enmity” means the communication of online material that a reasonable person would conclude incites, or is likely to incite, feelings of enmity, hatred or hostility against any group in Singapore.

(2)

Subsection (1) does not apply to —

(a)

communication which is private or domestic in nature, having regard to —

(i)

the number of persons who are likely to hear, see or otherwise perceive the communication in question;

(ii)

the relationship between the persons that the communication is being or has been made; and

(iii)

all other relevant circumstances; or

(b)

communication made in circumstances that may reasonably be taken to indicate that the parties to the communication desire it to be heard, seen or otherwise perceived only by themselves.

(3)

To avoid doubt, the definition in subsection (1) is not satisfied solely because one or more persons feel offended by or uncomfortable with the material mentioned in that subsection.

(4)

The following factors are relevant in considering whether a reasonable person would conclude that a communication incites, or is likely to incite, feelings of enmity, hatred or hostility against any group in Singapore:

(a)

whether the material dehumanises any person or persons, or otherwise portrays them as less than human;

(b)

the intensity of the feelings of enmity, hatred or hostility that are incited or are likely to be incited;

(c)

the tendency of the material to incite any act or omission that is or is likely to constitute a criminal offence under any written law.

(5)

In this section, “group” means a group of persons of any description.

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