s 11A Enhanced damages for statutory tort under section 11
11A.—(1) In any civil proceedings for a statutory tort under section 11 against any individual or entity alleged to have contravened section 3, 4, 5 or 7 in respect of the victim (called in this section the respondent), where the conduct that is the subject of the claim comprises wholly or partly of any online activity, the court may, if it thinks just and equitable in the circumstances to do so, award enhanced damages attributable to the online activity to the victim where —(a) the victim made a reasonable written request to the respondent the effect of which is to ask the respondent to address the online activity that is the subject of the claim; and (b) the respondent failed, without reasonable excuse, to address the online activity within a reasonable time. (2) The award of enhanced damages that a court may award under subsection (1) —(a) is in addition to any general and special damages that may be awarded; (b) is distinct from punitive damages or aggravated damages, and the principles governing the award of those damages need not apply to an award of enhanced damages; and (c) may in the court’s discretion be awarded in addition to or in lieu of any punitive or aggravated damages. (3) The Minister may make regulations —(a) to prescribe the maximum limits of enhanced damages that a court may award under subsection (1); and (b) to clarify the application of the Limitation Act 1959 to an action for a claim for enhanced damages under this Act including prescribing a period of limitation for that action.[Act 23 of 2025 wef 29/06/2026]