Go ahead and catch ’em all, but mind the law

Pokemon Go has taken Singapore by storm — as it has in many other countries — since its launch here last weekend, with reports of crowds of Singaporeans congregating in the wee hours of the day to play the free augmented-reality game.

Across the island, it is a common sight now to see people glued to their phones and periodically swiping upward as they try to catch “high-level Pokemon”.

Many players may gain health benefits from this new activity, including getting much-needed exercise from walking around in the open air. On the other hand, based on what has happened so far overseas, players who are too absorbed in the game and ignore their surroundings as they move around may expose themselves and others to danger.

Not surprisingly, several cities have taken legal steps to restrict the playing of Pokemon Go, and members of the public here have called for regulations. The Singapore Police Force and several government agencies have already published suggestions on how to play the game safely.

In the meantime, there are existing laws, such as the Penal Code, and the Protected Areas and Protected Places Act, that Pokemon Go players in Singapore need to be aware of.

The last thing they want is to get into trouble with the law while playing the game, because penalties can range from fines to prison sentences of up to five years — not to mention the negative impact that such cases would have on law-abiding players.

In the interest of keeping Pokemon Go safe and legal for everyone to use, here is a list of ways to keep out of trouble while playing in Singapore.

Look out for people, especially in public places, and avoid walking into them, blocking them, or otherwise causing annoyance. For example, a crowd that gathers in a housing estate in the middle of the night and annoys the residents may be causing a public nuisance (Section 268, Penal Code).

Walking blindly across a road or into the middle of traffic would also very likely amount to an offence of public nuisance — not to mention jaywalking. When you get a Pokemon on your capture screen, you should stop, step aside to avoid causing an obstruction, and carry on catching it from a safe location, as the game allows you to do so.

Put your phone away and do not attempt to play while driving or riding to avoid committing the offence of rash driving or riding on a public way (Section 279, Penal Code).

In the worst-case scenario, it could result in causing death by a rash or negligent act (Section 304A, Penal Code). This applies to cyclists, personal mobility device users, and scooter and hoverboard riders as much as it does to drivers.

Watch where you walk while playing to avoid causing accidents that could injure people or damage property around you.

Even if you do not commit an offence, you could be liable for negligence because you owe a legal duty to take reasonable care of people and property around you. This reasonable care includes not stepping into traffic, which could cause a traffic accident. Even if you are not personally injured in the ensuing accident, you could be liable for any damage, injury or death caused by your negligence.

Stay out of private property (homes, apartments and offices) to avoid trespassing, even if it is accidental because you were not paying attention to your surroundings. If you walk into a restricted area (such as military areas marked by the red warning signs), you could be detained or face a worse fate as authorised officers can use force, including deadly force, to secure the area under the Protected Areas and Protected Places Act. You are better off trying to “catch ‘em all” from a safe distance outside.

Do not take the game into churches, temples, mosques, and other places of worship as it is an offence to disturb any religious worship or ceremonies (section 296 Penal Code). Even if there is no religious worship taking place, you should stay out of places of worship in case you break or defile a sacred object, as this could be an offence if you know it would be offensive (section 295, Penal Code).

Stay away from places where the remains of the dead are stored, such as columbariums, funeral homes and cemeteries, as this could cause a disturbance amounting to trespassing on burial places (section 297, Penal Code).

Avoid obstructing public servants, such as police officers or civil defence officers, from doing their work as this is also an offence (section 186 Penal Code).

Play at open, well-lit areas. Under section 64 of the Criminal Procedure Code, police officers can arrest you without a warrant if you are behaving suspiciously, or appear to be trying to hide in order to commit an offence. If you are lurking in a dark alley and someone reports your suspicious behavior, you could be stopped for questioning. Similarly, you may be exposing yourself to unnecessary risk by venturing into secluded areas. While Singapore has one of the lowest crime rates in the world, common sense should apply when one is playing the game.

Based on what has already happened overseas, it may not be long before we read stories or see video clips of Pokemon Go players in Singapore walking into walls or fountains, or falling down a flight of stairs.

We can prevent such comedy or tragedy by being responsible players. The software itself has functions, such as the ability to capture Pokemon from a distance, which allow the user to play safely. These are the types of choices that we must all learn to make as new technologies continue to emerge. Pokemon Go can be safe and even beneficial if used responsibly. We just need to use common sense. As the Pokemon phrase goes, it is super effective!

ABOUT THE AUTHOR:

Benjamin Ang, a Singapore-qualified advocate and solicitor, is Education Chair at Internet Society - Singapore Chapter. He is also a Senior Fellow at the Centre of Excellence for National Security, S Rajaratnam School of International Studies, focusing on cybersecurity issues.