Miscellaneous Offences (Public Order and Nuisance) Act 1906 · 2020 Revised Edition · Part 2 · Offences Against Public Order and Nuisance
14D. Communicating false message
Feedback & supportLast amended by an amending law of 2024. 2 amendments in all.
Any person who transmits or causes to be transmitted a message which the person knows to be false or fabricated shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the transmission of the message has a legitimate purpose related to public order, public safety or national security, or the prevention, investigation or prosecution of offences.IllustrationAs part of a campaign to raise public awareness against phishing scams, a government agency sends an email to various members of the public which contains a false message that entices its recipient to click on a link which would purportedly give free shopping vouchers. The link leads to a pop‑up message informing the recipient that the message was a simulated phishing attempt, and had it been genuine, the recipient could have activated malware to allow a fraudster to steal money from his or her online account. The sending of the false message has a legitimate purpose related to the prevention of offences.
In subsection (1) —
“message” means any sign, signal, writing, image, sound, intelligence or information of any nature transmitted by telecommunications;
“telecommunications” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.