What is Pornography?
Pornography refers to any form of obscene material—such as videos, pictures, books, or magazines—that contains sexually explicit content. These materials are primarily intended to arouse or sexually excite the viewer.
Legality of Streaming or Watching Pornography in Singapore
In Singapore, it is not illegal to stream or watch pornographic content online. However, the Infocomm Media Development Authority (IMDA) has imposed symbolic restrictions on approximately 100 pornographic websites to reflect national values that do not condone the viewing of such material. This measure is primarily aimed at preventing minors from accessing explicit content. While the IMDA does not actively monitor individual internet usage beyond these specific bans, the symbolic restrictions remain in place.
Legality of Broadcasting Pornography in Singapore
Under the Internet Code of Practice, Internet Service Providers and Internet Content Providers licensed under the Broadcasting Act are required to make best efforts to ensure that prohibited materials, including pornographic content, are not broadcast to the public. Failure to do so may result in fines imposed by the IMDA. Additionally, designated social media services are subject to obligations under the Code of Practice for Online Safety, which requires them to restrict access to sexual content.
Legality of Downloading or Possessing Pornography in Singapore
It is illegal to download or possess pornographic materials in Singapore, regardless of whether these are in physical or digital form. This prohibition applies even if the material is intended for personal use.
Under Section 30(1) of the Films Act, individuals found in possession of obscene films may be fined up to $20,000 and/or imprisoned for up to six months. If the person knew, or had reasonable cause to believe, that the film was obscene, penalties may increase to a fine of up to $40,000 and/or imprisonment for up to 12 months for first-time offenders. Subsequent offenders may face fines of up to $80,000 and/or imprisonment for up to two years.
In some cases, the courts may impose a fine in lieu of a jail sentence if the materials were possessed solely for personal use and the offense is deemed not serious. However, this is not guaranteed, and prison sentences may still be imposed, as illustrated in past legal cases.
Possession of Voyeuristic or Intimate Content
Under Section 377BD of the Penal Code, it is an offence to possess or gain access to voyeuristic or intimate images or recordings of another person, particularly if these were obtained without consent. Intimate images include depictions of a person’s private parts, whether exposed or covered, or images of a person engaged in a private act.
Individuals can be found guilty of this offence even if they do not physically possess the files, as controlling or viewing such content online is sufficient to constitute possession. The offence carries a penalty of up to two years’ imprisonment and/or a fine. If the individual depicted is under the age of 14, the offence carries a mandatory jail term of up to two years, in addition to a fine or caning.
Possession of Child Abuse Material
Section 377BK of the Penal Code criminalises the possession or accessing of child abuse material. This offence carries a penalty of up to five years’ imprisonment and may also include fines or caning. Recent cases have seen substantial jail sentences imposed on individuals found guilty of this offence.
Filming or Making Pornographic Content in Singapore
The production or reproduction of obscene films is illegal in Singapore under the Films Act. Even if the content is not intended for public distribution, offenders may be fined up to $40,000 and/or jailed for up to two years. Repeat offenders face fines of up to $100,000 and/or jail terms of up to two years.
Similarly, under the Undesirable Publications Act, taking obscene photos with the intent to supply or distribute them is an offence, punishable by up to $2,000 in fines and/or two years’ imprisonment.
Voyeurism
Section 377BB of the Penal Code criminalises the act of recording someone during a private act or recording images of their private parts without their consent. Offenders may face up to two years in prison, fines, caning, or any combination thereof. Where the victim is under 14 years of age, the penalty includes a mandatory jail sentence and additional punishments.
Importing or Selling Pornographic Content in Singapore
The importation and sale of any form of pornographic material—whether physical or digital—is illegal.
Under Section 29(3) of the Films Act, first-time offenders found distributing or intending to distribute obscene films may be fined up to $80,000 and/or jailed for up to two years. Importers may be fined up to $40,000 and/or jailed for up to 12 months. Repeat offenders may face fines of up to $100,000 and/or two years’ imprisonment.
Under the Undesirable Publications Act, those found in possession of obscene publications with the intent to sell or distribute them may face a fine of up to $10,000 and/or up to two years’ jail. Under Sections 292 and 293 of the Penal Code, distributing or advertising obscene publications can result in a fine, imprisonment of up to three months, or both. Selling such publications to individuals under 21 years old is punishable by up to one year’s imprisonment and/or a fine.
Sharing Pornographic Material for Non-Commercial Purposes
Transmission of obscene content electronically, such as through messaging or online platforms, is an offence under Section 292 of the Penal Code. This carries penalties of up to three months’ jail and/or a fine. If the recipient is a minor under the age of 16, the sentence may be increased to up to two years’ imprisonment.
Cyber-flashing, defined as sending unsolicited pornographic images of oneself or others for sexual gratification or to cause distress, is an offence under Section 377BF of the Penal Code. The maximum penalty is one year’s imprisonment and/or a fine. If the recipient is under the age of 14, a compulsory jail term of up to two years, along with a fine or caning, applies.
The distribution of voyeuristic content without consent is criminalised under Section 377BC of the Penal Code. Offenders can be sentenced to up to five years’ imprisonment, fines, and caning. If the victim is below 14 years old, these punishments are mandatory.
Under Section 376ED of the Penal Code, it is also an offence to show sexual images to a minor under 16 years of age for the purpose of obtaining sexual gratification or causing distress. The penalty is up to one year’s imprisonment and/or a fine. If the minor is under 14, the jail term may extend up to three years.
Revenge Porn
Revenge porn is the non-consensual distribution of intimate images or recordings, often by someone previously in a relationship with the victim. Under Section 377BE of the Penal Code, this act is punishable by up to five years’ imprisonment, a fine, caning, or a combination of these penalties. If the victim is under 14 years old, a compulsory five-year jail term applies, in addition to fines and/or caning.