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New offences proposed to deal with voyeurs who film and distribute obscene videos

SINGAPORE – Amid a spate of peeping Tom cases, a committee tasked to review the Penal Code has pointed out inadequacies of the existing law on voyeurism in the technological age.

TODAY had previously reported that spy cameras are easily available for sale here.

TODAY had previously reported that spy cameras are easily available for sale here.

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SINGAPORE – Amid a spate of peeping Tom cases, a committee tasked to review the Penal Code has pointed out inadequacies of the existing law on voyeurism in the technological age.

The committee has called for new specific criminal offences to prosecute individuals in such cases, as well as those who secretly film, distribute as well as possessing and accessing obscene videos.

Pointing out, for instance, that there is a bustling online market for upskirt videos and photos, the current law “neither acknowledges nor is adequate to address this phenomenon”, it said.

Instead, the Government has to rely on a “patchwork of laws” to deal with the many aspects of voyeurism, the committee added.

Though other countries such as the United Kingdom, New Zealand and Australia have introduced new laws to specifically deal with the issue of voyeurism, Singapore has not done so, said the committee.

Its recommendations on the issue are among the 169 raised by the committee tasked to review the Penal Code, with a key focus on beefing up laws to protect women, and other vulnerable people such as children, the disabled and domestic helpers.

Specific offence for peeping Tom cases

Current law:

  • A peeping Tom can be prosecuted for insulting the modesty of a woman. If convicted, the accused can be jailed for up to a year, fined, or both.

Proposed new law:

  • Create a new specific offence when an individual is observing another person in situations where the latter could reasonably expect privacy. These include when the victim is in a state of nudity or engaging in a sexual activity.
  • An individual guilty of committing the offence involving a victim below the age of 14 can face a mandatory jail term of up to two years, or a fine, or caning, or a combination of all three.
  • In other cases, there should be a discretionary imprisonment of up to two years, or fine, or both.

Specific offences for individuals who make, distribute, possess and access voyeuristic recordings

Current law:

  • Those who create or reproduce obscene films involving other individuals can be prosecuted for insulting the modesty of a woman. Under the Films Act, they face a criminal charge of making or reproducing obscene films, which carries a minimum fine of S$20,000, or a jail term of up to two years, or both.
  • Individuals who possess obscene films can also be prosecuted under the Films Act. If guilty, they face a minimum fine of S$500 for each film, or a jail term of up to six months, or both.

Proposed new law:

  • The committee suggests making it an offence to create, distribute, possess and access voyeuristic recordings. These will cover circumstances where an individual can reasonably expect privacy, or where a recording was made under a person’s clothing to view the genitals and other parts of the body.
  • For making, accessing and possessing voyeuristic recordings:
  1. If the victim is below 14, a person can face a mandatory jail term of up to two years, or fined, or be caned, or a combination of all three.
  2. In other cases, there should be a discretionary imprisonment of up to two years, or fine, or both. But for the offence of making such content, there is also optional caning.
  • For distributing such recordings:
  1. The committee is proposing a higher jail term of up to five years.

PAST CASES

There have been a string of court cases this year involving individuals peeping and using spy cameras to record obscene videos of women in the bathrooms.

In July, a 26-year-old National University of Singapore student was jailed nine months and given three strokes of the cane for molesting and peeping at his female classmate who was showering in the university’s hall toilet.

More recently last month, 26-year-old digital marketing specialist Clarence Tang Jia Ming pleaded guilty to amassing more than 2,000 obscene videos. He had planted hidden spy cameras at a Starbucks café in Holland Village, which is popular with young adults, so that he could get video footages of women using the toilet.

TODAY had reported that such cameras, including hook-shaped ones used by Tang, are easily available for sale here.

Hook-shaped spy cameras, for example, can be bought at at least four shops in electronics mall Sim Lim Square.

Some of these spy cameras are also going for as little as S$20, via online retail portals such as Lazada, Qoo10 and Carousell.

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