§ 17 — Clandestine foreign interference by electronic communications activity

17.—(1) A person (Y) commits an offence if —(a)

Y undertakes electronic communications activity that results in or involves publishing in Singapore any information or material;

(b)

Y undertakes the electronic communications activity on behalf of —(i)

a foreign principal; or

(ii)

another person acting on behalf of a foreign principal;

(c)

Y knows or has reason to believe that the electronic communications activity, or the information or material published in Singapore —(i)

is or is likely to be prejudicial to the security of Singapore or any part of Singapore;

(ii)

is or is likely to be prejudicial to public health, public safety, public tranquillity or public finances;

(iii)

is or is likely to be prejudicial to the friendly relations of Singapore with other countries;

(iv)

incites or is likely to incite feelings of enmity, hatred or ill‑will between different groups of people in Singapore which may endanger the public peace and public order of Singapore;

(v)

diminishes or is likely to diminish public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government or a public authority, or a part of the Government or public authority; or

(vi)

is or is likely to be directed towards a political end in Singapore; and

(d)

any part of —(i)

Y’s undertaking on behalf of a person mentioned in paragraph (b); or

(ii)

Y’s electronic communications activity,

is covert or involves deception.

(2) For the purposes of subsection (1) —(a)

Y does not need to have in mind a particular foreign country or foreign principal; and

(b)

Y may have in mind more than one foreign country or foreign principal.

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

if the person is an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both; or

(b)

in any other case, to a fine not exceeding $500,000.

—(1) A person (Y) commits an offence if —(a)

Y undertakes electronic communications activity that results in or involves publishing in Singapore any information or material;

(b)

Y undertakes the electronic communications activity on behalf of —(i)

a foreign principal; or

(ii)

another person acting on behalf of a foreign principal;

(c)

Y knows or has reason to believe that the electronic communications activity, or the information or material published in Singapore —(i)

is or is likely to be prejudicial to the security of Singapore or any part of Singapore;

(ii)

is or is likely to be prejudicial to public health, public safety, public tranquillity or public finances;

(iii)

is or is likely to be prejudicial to the friendly relations of Singapore with other countries;

(iv)

incites or is likely to incite feelings of enmity, hatred or ill‑will between different groups of people in Singapore which may endanger the public peace and public order of Singapore;

(v)

diminishes or is likely to diminish public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government or a public authority, or a part of the Government or public authority; or

(vi)

is or is likely to be directed towards a political end in Singapore; and

(d)

any part of —(i)

Y’s undertaking on behalf of a person mentioned in paragraph (b); or

(ii)

Y’s electronic communications activity,

is covert or involves deception.

(2) For the purposes of subsection (1) —(a)

Y does not need to have in mind a particular foreign country or foreign principal; and

(b)

Y may have in mind more than one foreign country or foreign principal.

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

if the person is an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both; or

(b)

in any other case, to a fine not exceeding $500,000.