The Criminal Law Reform Bill saw various amendments to the Penal Code, including the creation of Section 377BE – which criminalised the distribution of, and the act of threatening to distribute, intimate images or recordings.
Rising Trend
Section 377BE was created in response to the increasing trend in technology-based sexual harassment, which manifested through online platforms like forums, websites, and even messaging applications.
Furthermore, there is an ever-important need to provide legal recourse for victims of such offences. The section effectively aims to stop the misuse of technology to perpetrate sexual offences and protect the dignity and privacy of individuals in the digital age.
How is “Intimate Image” Defined?
Under Section 377BE of the Penal Code, “intimate image (or recording)” is any recording depicting an individual engaged in a private act or showing the person’s intimate parts.
What is Considered Committing an Offence Under s377BE?
An offence under Section 377BE is committed when an individual intentionally or knowingly distributes an intimate image or recording of another person without their consent and with the knowledge that the distribution will or is likely to cause the individual humiliation, alarm, or distress.
Punishment Under Section 377BE(3) of the Penal Code
A person guilty of an offence under subsection (1) or (2) shall, on conviction, be punished with imprisonment for a term which may extend to 5 years, a fine, caning, or any combination of such punishments.
What if the Victim is Below 14 years of Age?
A person who commits an offence under subsection (1) or (2) of s377BE against a person below 14 years of age shall, on conviction, be punished with imprisonment which may extend to 5 years, and shall also be liable to fine or to caning.
In 2016, an outraged man sent 20 nude photographs of his ex-girlfriend and her name and school details to social media site Tumblr. The Deputy Public Prosecutor (“DPP”) labelled this a case of “Revenge Porn.”
“Revenge Porn’ is often the distribution of sexually explicit images exchanged during a relationship that is later used to blackmail or even punish the victim following a breakup.
The DPP suggested that offenders of Section 377BE “must be sent a message that it is not acceptable to circulate or distribute sexually explicit material obtained during the course of an intimate relationship that is private to both parties.”
The perpetrator was sentenced to 4-weeks imprisonment.
FAQs on s377BE
Who can make a police report under Section 377BE?
Any person who has had their intimate images or recordings distributed or threatened to be distributed without their consent can make a police report under Section 377BE.
Can a person be charged under Section 377BE if they did not distribute the intimate images or recordings themselves?
Yes, a person can still be charged under Section 377BE if they did not distribute the intimate images or recordings themselves, as long as they were involved in some way in the distribution or threat of distribution.
What defences are available for a person charged under Section 377BE?
An individual charged under Section 377BE may be able to raise the defence of consent – where they must prove that the distribution of such images was done so with the victim’s consent. However, such a defence may be difficult to prove.
Read more: Pornography Offences in Singapore – FAQs
How GJC Law can help you
Legal Advice: Here at GJC Law, our team can break down the elements of the Section 377BE offence and provide you with legal advice on your rights, the charges you are likely to face, the potential penalties, and any defences that might be available to you.
Court Representation: Though a relatively new provision in the Penal Code, our legal team here at GJC Law is more than well-equipped with the relevant experience to represent you in Court should you be facing a charge under Section 377BE. This includes a storied history of precedents to rely on, preparing legal arguments, raising any defences you might choose to rely on, and more.