§ 51 — Restriction on publication or broadcast of information or pictures of children for adoption, etc.

51.—(1) This section applies to the publication or broadcast of any information or picture that identifies a child, or is likely to lead to the identification of a child, where —(a)

the child is in Singapore;

(b)

the intended audience or recipients of the information or picture is or are predominantly in Singapore; or

(c)

the publication or broadcast is by an adoption agency.

(2) Except with the prior approval of the Guardian‑in‑Adoption, a person must not, in the course of doing any of the following, publish or broadcast any information or picture that identifies any child or is likely to lead to the identification of any child:(a)

communicating that a relevant person of a child desires to cause the child to be adopted;

(b)

advertising or promoting any service of making arrangements for or on behalf of another person for the adoption of a child by that other person;

(c)

making arrangements for or on behalf of another person for the adoption of a child by that other person.

(3) Subsection (2) does not apply in relation to any information or picture broadcast by a person (A) to any other person (B) who has communicated to A that B desires to adopt a child if the information or picture —(a)

is broadcast upon B’s request; and

(b)

is broadcast through such means and with such safeguards as to cause the information or picture to be accessible only by B (and any other person in B’s position).

(4) If subsection (3) applies and B publishes or broadcasts the information or picture broadcast by A, B shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

(5) If any information or picture is published or broadcast in contravention of subsection (2) —(a)

in the case of the publication of any information or picture as part of a newspaper or periodical publication — every proprietor, editor, publisher or distributor of the newspaper or periodical publication;

(b)

in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication — every person who publishes or distributes it; or

(c)

in the case of the broadcast of any information or picture —(i)

every person who broadcasts the information or picture;

(ii)

every person who transmits or provides the programme in which the information or picture is broadcast; and

(iii)

every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,

shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

(6) The court may, in addition to any punishment mentioned in subsection (4) or (5), order a person to do any one or more of the following:(a)

remove the publication or stop the broadcast, of any information or picture that is in contravention of subsection (2) or (4);

(b)

remove the programme in which the information or picture that is broadcast in contravention of subsection (2) or (4) is broadcast;

(c)

delete the information or picture that is published or broadcast in contravention of subsection (2) or (4);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of subsection (2) or (4) is no longer available on or through the Internet.

—(1) This section applies to the publication or broadcast of any information or picture that identifies a child, or is likely to lead to the identification of a child, where —(a)

the child is in Singapore;

(b)

the intended audience or recipients of the information or picture is or are predominantly in Singapore; or

(c)

the publication or broadcast is by an adoption agency.

(2) Except with the prior approval of the Guardian‑in‑Adoption, a person must not, in the course of doing any of the following, publish or broadcast any information or picture that identifies any child or is likely to lead to the identification of any child:(a)

communicating that a relevant person of a child desires to cause the child to be adopted;

(b)

advertising or promoting any service of making arrangements for or on behalf of another person for the adoption of a child by that other person;

(c)

making arrangements for or on behalf of another person for the adoption of a child by that other person.

(3) Subsection (2) does not apply in relation to any information or picture broadcast by a person (A) to any other person (B) who has communicated to A that B desires to adopt a child if the information or picture —(a)

is broadcast upon B’s request; and

(b)

is broadcast through such means and with such safeguards as to cause the information or picture to be accessible only by B (and any other person in B’s position).

(4) If subsection (3) applies and B publishes or broadcasts the information or picture broadcast by A, B shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

(5) If any information or picture is published or broadcast in contravention of subsection (2) —(a)

in the case of the publication of any information or picture as part of a newspaper or periodical publication — every proprietor, editor, publisher or distributor of the newspaper or periodical publication;

(b)

in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication — every person who publishes or distributes it; or

(c)

in the case of the broadcast of any information or picture —(i)

every person who broadcasts the information or picture;

(ii)

every person who transmits or provides the programme in which the information or picture is broadcast; and

(iii)

every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,

shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

(6) The court may, in addition to any punishment mentioned in subsection (4) or (5), order a person to do any one or more of the following:(a)

remove the publication or stop the broadcast, of any information or picture that is in contravention of subsection (2) or (4);

(b)

remove the programme in which the information or picture that is broadcast in contravention of subsection (2) or (4) is broadcast;

(c)

delete the information or picture that is published or broadcast in contravention of subsection (2) or (4);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of subsection (2) or (4) is no longer available on or through the Internet.