Clause 87

the statement tends to instigate the public or a section of the public to act or omit to act in response to an alleged speech or conduct of a person (called in this section the victim) or a person associated with the victim (called in this section the victim’s associate);

the act or omission that the statement tends to instigate would cause harm to the victim;

the act or omission or the harm mentioned in paragraph (b) is disproportionate to —

where the statement tends to instigate a response to an alleged speech or conduct of the victim — the wrongfulness (if any) of the alleged speech or conduct, or of any relevant actual speech or conduct, of the victim; or

where the statement tends to instigate a response to an alleged speech or conduct of the victim’s associate —

the wrongfulness (if any) of the alleged speech or conduct, or of any relevant actual speech or conduct, of the victim’s associate; and

the extent and nature of the association (if any) between the victim and the victim’s associate’s alleged or actual speech or conduct (as the case may be).IllustrationA is the father of B. B acted in a highly offensive manner. C makes a statement that tends to instigate the public to act in a manner that harms A in response to B’s conduct. In assessing the extent and nature of the association (if any) between the victim and the victim’s associate’s conduct (as mentioned in subsection (1)(c)(ii)(B)), so as to determine whether the requirement of disproportionality in subsection (1)(c) is met, the court may consider whether A taught B to act or not to act in that way.

the nature of the act or omission that the statement tends to instigate, including whether the act or omission is or is likely to constitute a criminal offence under any written law;

the nature of the harm mentioned in subsection (1)(b), including the severity of that harm;

whether the victim or the victim’s associate did in fact engage in the alleged speech or conduct;

whether the alleged speech or conduct, or any relevant actual speech or conduct of the victim or the victim’s associate, would be a reasonable expression of an opinion on a matter of public interest or public controversy; (e)any other relevant factor.

the statement did not in fact cause the loss and damage suffered by the victim;

it was not reasonably foreseeable that the statement would instigate the act or omission which caused the loss and damage suffered by the victim; or

X had acted reasonably in the circumstances.

whether X had explored alternative means that may be more proportionate in addressing the wrongfulness (if any) of the alleged speech or conduct of the victim or the victim’s associate;

where X made allegations regarding the alleged speech or conduct of the victim or the victim’s associate, whether X had any reasonable basis for doing so and had provided proper context;

whether X had acted in good faith;

any other relevant factor.

the statement is to be ascertained from a reasonable interpretation of the online material whether wholly or in part, and whether on its own or in the context in which it appears; (b)there can be more than one reasonable interpretation.

voting for any candidate in an election for the purpose of electing the President or a Member of Parliament;

conducting or otherwise participating in or attending a political activity;

communicating a statement calling for the removal or suspension of a political office holder or Member of Parliament from his or her office;

communicating a statement to a political office holder, a Member of Parliament or a public body on a matter of public interest or public controversy.

any activity that is directed to influence, or seek to influence, the outcome of an election to the office of the President, a general election of Members of Parliament, a by‑election of a Member of Parliament, or a referendum;

any activity that is directed towards promoting the interests of a political party or other group of persons organised in Singapore for a political object; and

any activity that is directed to bring about, or seek to bring about, changes of the law in the whole or a part of Singapore, or to otherwise influence, or seek to influence, the legislative process or outcome in Singapore;

the President;

the Prime Minister;

a Deputy Prime Minister;

a Minister, Senior Minister or Co‑ordinating Minister;

a Senior Minister of State or Minister of State;

a Senior Parliamentary Secretary or Parliamentary Secretary;

the Speaker of Parliament or a Deputy Speaker of Parliament;

a Mayor;

a Political Secretary; or

the Leader of the House;

the Government, including any ministry, department, agency or Organ of State;

a prescribed statutory body; and

any prescribed board, prescribed commission, prescribed committee or similar prescribed body, whether corporate or unincorporate.