Singapore legislation

Clause 38

of Social Residential Homes Bill

Clause 38

Restriction on publication or broadcast of information relating to residents of relevant licensed SRHs

(1)

Except with the prior approval of the Director‑General, a person must not publish or broadcast any information or picture that identifies, or is likely to lead to the identification of —

(a)

any resident or former resident of a prescribed licensed SRH or a licensed SRH belonging to a prescribed type of licensable SRH (called in this section a relevant licensed SRH); or

(b)

the relevant licensed SRH at which the resident or former resident resides or resided, or the location of the relevant licensed SRH.

(2)

Subsection (1) does not apply in relation to —

(a)

the publication by a licensee of a relevant licensed SRH that the licensee is authorised to operate in any publication, or on the website, of the relevant licensed SRH; or

(b)

the publication or broadcast by an individual, or with the consent of the individual, of any information or picture that identifies, or is likely to lead to the identification of, that individual as a resident or former resident of a relevant licensed SRH.

(3)

For the purposes of subsection (2)(b), if an individual is below 18 years of age, a reference to the consent of the individual is a reference to the consent of the individual’s parent or guardian.

(4)

If any information or picture is published or broadcast in contravention of subsection (1) —

(a)

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

(b)

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

(c)

in the case of the broadcast of any information or picture —

(i)

every person who broadcasts the information or picture;

(ii)

every person who transmits or provides the programme in which the information or picture is broadcast; and

(iii)

every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

(5)

The court may, in addition to imposing any punishment mentioned in subsection (4), order a person to do any one or more of the following:

(a)

remove the publication, or stop the broadcast, of any information or picture that is in contravention of subsection (1);

(b)

remove the programme in which any information or picture is broadcast in contravention of subsection (1);

(c)

delete the information or picture that is published or broadcast in contravention of subsection (1);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of subsection (1) is no longer available on or through the Internet.

(6)

In this section, “licensed SRH” means a licensable SRH to which a licence relates.