Singapore Law on Sexually Explicit Content

Question 1

What is the definition of pornography?

Answer 1

“Printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate sexual excitement”

• Not a legal category, more like a genre of content

Question 2

What is the definition of obscenity?

Answer 2

“Sexually explicit content, defined by law, that is prohibited, or regulated in other ways”

• Legal category
• How much porn is obscene varies for different jurisdictions
• -> Depends on your definition of obscene. Some material obscene but are not porn.
• -> Eg. sexual content only intend to offend rather than arouse –> obscene.

Question 3

What is the rationale for regulating porn in Singapore?

Answer 3

• Conservative view
• Free expression –> erosion of community morality
  (at that time: dominant morality was frowning upon porn, If sexual content circulated it can undermine conservative morality. Common shared morality binds society together.)
• Government should enforce dominant morality to strengthen society
• Nothing is entirely private: private thought & action may affect us all
• -> Influence what we do and act when we interact with others

Question 4

What is the rationale for not regulating porn in Singapore?

Answer 4

• Self-actualisation
• “Just as individuals need free flow of information & opinion to aid them in making their electoral & governmental decisions, they need it in other life-affecting decisions”
• -> Matters of sexuality among most life-affecting
• -> This is referring to porn with consenting adults

Question 5

What is included in the UK Hicklin’s Test?

Answer 5

• Material “tending to deprave & corrupt those whose minds are open to such immoral influences”
• Literary merit made consideration in 1959
  (Whether material has literary merit, that counts against finding it obscene)

Question 6

What is the definition of obscenity in Singapore Law?

Answer 6

• (def.) Material is obscene if its:
  “effect is, if taken as a whole, tend to deprave & corrupt person who are likely to” read, see, or hear it
  –> Consider ‘as a whole’ –> some material won’t meet test
  –> Cannot possess, distribute, import
  –> Includes digital files, electronic transmission

Question 7

What is the penalty of obscenity in Singapore Law?

Answer 7

Fine AND/OR Prison

Question 8

The Singapore Obscenity provisions can be found in?

Answer 8

• Undesirable Publications Act
• Films Act
• Penal Code

(only need if explored in an actual case)

Question 9

What are the guidelines on accessing online pornography in Singapore? (ISP and IMDA)

Answer 9

• ISP must block access to a confidential list of 100 websites
• -> Mostly high-traffic pornography sites
• -> Some with offensive religious content
• -> A “symbolic statement of our societal values”
• IMDA does not restrict or monitor individuals’ access to online content (including porn)

Question 10

What is the definition of Child Abuse Material in Singapore?

Answer 10

• Under Penal Code 377BK
• Child abuse material includes image of:
• -> Person who is, or appears to a reasonable observer to be, or who is implied to be, below 16 years old.
• -> “Engaged in a sexual pose or sexual activity (whether or not in the presence of another person)
• Image:
• -> “Image of a human being that is not fictional or imaginary…”
• -> but includes an image that so closely resembles a human being. Makes it difficult for ordinary person to distinguish between image and human being
• -> Prohibits ‘virtual child porn’

Question 11

What is considered an offence when it comes to child abuse material in Singapore?

Answer 11

• Offence to possess or to have “gained access to” child abuse material
• -> Must know or have reason to believe it is child abuse material
• Making, distributing, selling, advertising, seeking it also offences

Question 12

What’s the penalty for possessing child porn material?

Answer 12

Prison, Fine, AND/OR Canning