Singapore legislation

Clause 40

Offence of inciting enmity against persons distinguished by race, etc.

(1)

A person (X) commits an offence if —

(a)

X engages in conduct that incites feelings of enmity, hatred, ill‑will or hostility against, or contempt for or ridicule of, a group of persons in Singapore (called in this subsection the target group) who are distinguished by race; and

(b)

X does so knowing that the conduct is likely to incite feelings of enmity, hatred, ill‑will or hostility against, or contempt for or ridicule of, the target group.

(2)

A person (X) commits an offence if —

(a)

X engages in conduct that insults, vilifies, denigrates, threatens or abuses another person (Y) in Singapore on the basis of Y’s race or on the basis of Y’s race and some other characteristic; and

(b)

X does so knowing that the conduct is likely to insult, vilify, denigrate, threaten or abuse Y on the basis of Y’s race or on the basis of Y’s race and some other characteristic, as the case may be.

(3)

For the purposes of subsection (1), a group of persons is distinguished by race if —

(a)

all of them belong to the same race; or

(b)

all of them do not belong to a certain race.

(4)

For the purposes of subsections (1) and (2), X’s motive is irrelevant.

(5)

In any proceedings for an offence under subsection (1) or (2), it is a defence for the accused to prove, on a balance of probabilities, that —

(a)

the conduct in question was private or domestic in nature, having regard to —

(i)

the number of persons who are likely to perceive the conduct in question;

(ii)

the relationships between those persons, and between the accused and those persons; and

(iii)

all other relevant circumstances;

(b)

the accused reasonably expected that the conduct in question would only be perceived by the parties to the conduct in question; and

(c)

in the case of an offence under subsection (2) — the accused could not reasonably have expected that Y would perceive the conduct in question.

(6)

In any proceedings for an offence under subsection (1) or (2), it is a defence for the accused to prove, on a balance of probabilities, that the conduct in question consisted of the accused pointing out any of the following matters in good faith and to bring about a removal of those matters:

(a)

matters that are producing or have a tendency to produce feelings of enmity, hatred, ill‑will or hostility against any race;

(b)

matters that are causing or have a tendency to cause contempt for or ridicule of any race;

(c)

matters that insult, vilify, denigrate, threaten or abuse any person on the basis of that person’s race.

(7)

A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine or to imprisonment for a term not exceeding 5 years or to both.

Read in full context — Maintenance of Racial Harmony Bill →