s 3 Contempt by scandalising court, interfering with administration of justice, etc.
3.—(1) Any person who —(a) scandalises the court by intentionally publishing any matter or doing any act that —(i) imputes improper motives to or impugns the integrity, propriety or impartiality of any court; and (ii) poses a risk that public confidence in the administration of justice would be undermined; (b) intentionally publishes any matter that —(i) prejudges an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or (ii) otherwise prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; (c) intentionally interferes with (by intimidation or otherwise) or hinders another person’s access to or ability to appear in court, knowing that this person is a party, witness, advocate or judge in ongoing court proceedings; (d) intentionally offers any insult or causes any interruption or obstruction to any judge of any court, while the judge is sitting in any stage of a court proceeding; [Act 45 of 2024 wef 28/01/2025] (da) conducts or commences a court proceeding (whether as a party or an advocate in the court proceeding), and knows or ought to know that his or her conduct or commencement of the court proceeding —(i) involves a deception on the court, or is fictitious or constitutes a mere sham; or (ii) is manifestly groundless or without foundation, and involves the process of the court being employed for some ulterior or improper purpose; [Act 45 of 2024 wef 28/01/2025] (db) conducts or commences multiple or successive court proceedings (whether as a party or an advocate in those court proceedings), and knows or ought to know that his or her conduct or commencement of those court proceedings is manifestly groundless or without foundation; or[Act 45 of 2024 wef 28/01/2025] (e) intentionally does any other act that interferes with, obstructs or poses a real risk of interference with or obstruction of the administration of justice in any other manner, if the person knows or ought to have known that the act would interfere with, obstruct or pose a real risk of interference with or obstruction of the administration of justice, commits a contempt of court. Explanation 1.—Fair criticism of a court is not contempt by scandalising the court within the meaning of subsection (1)(a). Explanation 2.—A publication of any matter which falls within subsection (1)(b)(i) or (ii) is not incapable of prejudicing or interfering with or posing a real risk of prejudice to or interference with, the course of any pending court proceedings, by reason only that the court is presided by a judge with legal and professional experience.Illustration 1 A is charged for rape of B. Z publishes in a newspaper an interview with A’s ex‑girlfriend, Y. In the interview, Y claims that A had previously brutally raped her and that A had served a long prison sentence for raping and molesting other women. The prosecution is not permitted to disclose A’s previous convictions during A’s pending rape trial. Z’s publication of this interview poses a real risk of prejudice to or interference with the course of pending court proceedings against A. Illustration 2 A is charged for inflicting serious bodily harm on B outside a pub. As it was dark, B had difficulty recognising B’s assailant. Z posts on an Internet news site, a photo of A with fists clenched outside the pub with the caption, “Vicious Pub Bully Caught”. The identity of B’s assailant is an issue in A’s pending trial. Z’s publication of A’s photo and caption poses a real risk of prejudice to or interference with the course of the pending court proceedings against A. Illustration 3 A commences a court proceeding against B seeking damages. The court finds that A knew or ought to have known that the commencement of the claim is manifestly groundless and that A had initiated the proceeding for the ulterior purpose of vexing or oppressing B. A’s commencement of the proceeding against B constitutes a contempt of court. [Act 45 of 2024 wef 28/01/2025] Illustration 4 A is convicted of rape and is sentenced to imprisonment and caning. The sentences are upheld by the appellate court. Before the sentence of caning is executed, A, acting on the advice of A’s advocate, commences an application to review the earlier decision of the appellate court. The court finds that both A and A’s advocate knew or ought to have known that the commencement of the review application is manifestly groundless and that the review application had been commenced for the improper purpose of delaying the execution of caning until after A turns 50 years of age, when A can no longer be punished with caning. The commencement of the review application by A and A’s advocate constitutes a contempt of court. [Act 45 of 2024 wef 28/01/2025] (2) Where any person publishes any matter or does any act referred to in subsection (1)(a), that person is guilty of contempt of court even if he or she did not intend to scandalise the court. (3) Where any person publishes any matter referred to in subsection (1)(b), that person is guilty of contempt of court even if he or she did not intend to cause the consequences referred to in subsection (1)(b)(i) or (ii). (4) A statement made by a person on behalf of the Government about the subject matter of or an issue in a court proceeding that is pending is not contempt of court under subsection (1)(b) if the Government believes that the statement is necessary in the public interest.Illustration 1 A statement made by a person on behalf of the Government factually describing the events and circumstances relating to and leading up to the death of a person (such as the acts of public officials when a coroner’s inquiry into that person’s death is pending) which the Government believes is necessary to address inaccurate or incorrect public allegations, is not contempt of court by virtue of subsection (4). Illustration 2 A statement made by a person on behalf of the Government factually describing the circumstances of a riot, when criminal proceedings against a person charged with participation in that riot are pending, which the Government believes is necessary in order to inform the public of the riot, is not contempt of court by virtue of subsection (4). (5) For the purposes of subsection (4), “necessary in the public interest” includes but is not limited to matters that are necessary in the interests of the security of Singapore or any part of Singapore, public order, public health or public finances. (6) Where contempt of court is committed by the doing of any act mentioned in subsection (1)(c) or (d), a person is guilty of contempt of court if that person knows or ought to have known that the act would prejudice or interfere with or obstruct or pose a real risk of prejudice to or interference with or obstruction of the course of the court proceeding. (7) A person who is not a party or an advocate in any court proceeding commits contempt of court if he or she —(a) causes or abets any party or advocate to conduct or commence a court proceeding mentioned in subsection (1)(da)(i), and knows or ought to know that the conduct or commencement of the court proceeding would involve a deception on the court, or would be fictitious or constitute a mere sham; (b) causes or abets any party or advocate to conduct or commence a court proceeding mentioned in subsection (1)(da)(ii), and knows or ought to know that the conduct or commencement of the court proceeding would be manifestly groundless or without foundation, and would involve the process of the court being employed for some ulterior or improper purpose; or (c) causes or abets any party or advocate to conduct or commence multiple or successive court proceedings mentioned in subsection (1)(db), and knows or ought to know that the conduct or commencement of those court proceedings is manifestly groundless or without foundation. [Act 45 of 2024 wef 28/01/2025] (8) In this section, “advocate” means any of the following persons who represents any party in any court proceedings:(a) an advocate and solicitor of the Supreme Court; (b) a person who is admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act 1966; (c) a lawyer (non-practitioner) who holds a provisional practising certificate issued under section 18 of that Act; (d) a foreign lawyer who is registered under section 36P of that Act. [Act 45 of 2024 wef 28/01/2025]