ADDRESSING PLATFORMS AND AI
The amendments also aim to tackle the large-scale electronic circulation of obscene materials.
“Technological advancements have enabled such objects to be transmitted more quickly and to large groups of people, at minimal or no cost,” said MHA.
It noted that current penalties in the Penal Code — which cover acts relating to obscene objects, including sale and distribution — are inadequate to deal with egregious cases.
It will hence be an offence to set up or manage online locations to facilitate such large-scale circulation. The punishment is mandatory jail of up to five years, as well as a potential fine.
These include WhatsApp and Telegram group chats and channels; websites and blogs; and channels on video-sharing sites like YouTube.
“Such online locations facilitate and amplify the spread of obscene materials. As compared to members of the online location who share obscene content, administrators have a higher level of culpability,” said MHA.
There will also be enhanced penalties for the circulation of obscene materials to 10 or more people.
The changes to the law also cover the impact of artificial intelligence (AI) on intimate images and child abuse materials.
Current definitions already cover most forms of deepfakes, and include computer-generated child abuse materials.
The Bill seeks to account for further technological advances since the last round of changes in 2019, by including synthetic AI-generated images.
“The current definition of ‘intimate image’ only applies to images that are created by altering existing images or recordings,” MHA said. “However, the increasing sophistication of Al models means that completely synthetic images can be generated. These are no less objectionable than images which are created by altering existing images or recordings.”
Producing intimate images without consent, including Al-generated ones, will also be an offence, with punishment similar to that of voyeurism and the possession of those images.
The definition of child abuse material will also cover computer-generated child abuse material, even without proof that an image of a real child had been used in the production of that material.
Elsewhere, the amendments also include protection for public servants against doxxing and false allegations.
Doxxing — the disclosure of identity information — can impede or deter public servants or public service workers from discharging their duties, said MHA.
“When accompanied by falsehoods, they can also undermine public confidence in our public institutions over time,” noted the ministry.
Current laws are limited as they require proof that the victim suffered harassment, alarm or distress; or that a communicated falsehood diminishes public confidence in a public institution in that particular instance.
The Bill suggests removing the need to prove that a victim suffered as such, so long as the offender had the intention to harass.
It would also criminalise the doxxing of a public servant when accompanied by a falsehood about that person, which the offender knows or has reason to believe is false.
This new offence is punishable with up to three years’ jail and a fine of up to S$10,000 (US$7,700).
