PART 2 | 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; or | | (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). |
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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.| 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. |
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| 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. |
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| (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.| 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). |
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| 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). |
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| (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. |
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| Contempt by disobedience of court order or undertaking, etc. |
4.—(1) Any person who —| (a) | intentionally disobeys or breaches any judgment, decree, direction, order, writ or other process of a court; or | | (b) | intentionally breaches any undertaking given to a court, |
| commits a contempt of court. |
| (2) For the purposes of subsection (1), intentional disposal by a person against whom an enforcement order for attachment of a debt has been made, otherwise than in accordance with law or with permission of the court, of any property subject to the order in his or her hands or under his or her control, is contempt of court. [Act 25 of 2021 wef 01/04/2022] |
(3) Without limiting subsection (1), a person commits a contempt of court if the person —| (a) | being legally bound to produce or deliver any document to the court, intentionally omits to so produce or deliver up the document; | | (b) | being legally bound to bind himself or herself by oath or affirmation to state the truth, refuses to so bind himself or herself; | | (c) | being legally bound to state the truth on any subject to the court, refuses to answer any question demanded of him or her touching that subject by the court in the exercise of the lawful powers of the court; or | | (d) | refuses to sign any statement made by him or her, when required to sign that statement by a court lawfully competent to require that he or she sign that statement. |
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| (4) Subject to subsections (5), (6) and (7), any contempt of court referred to in subsection (1) or (2) may be waived by the aggrieved party and such waiver relieves from liability the person who commits the contempt. |
(5) The court may, in its discretion, disallow the waiver of any contempt of court mentioned in subsection (1) or (2) in any of the following circumstances:| (a) | the Attorney-General has authorised investigations pursuant to section 22 for the contempt of court; | | (b) | proceedings have been commenced in respect of the contempt of court; | | (c) | the contempt of court is of such a nature that it interferes with, obstructs or poses a real risk of interference with or obstruction of the administration of justice; | | (d) | it would be contrary to the public interest to allow the waiver. |
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| (6) The court may, in granting any waiver of contempt of court under subsection (4), impose such conditions as it thinks fit. |
| (7) To avoid doubt, contempt of court referred to in subsection (3) may not be waived. |
| (8) A person who is not a party to an action commits contempt if he or she causes or abets the breach of any judgment, decree, direction, order, writ or other process of a court, with the intention of causing such breach or knowing that it would cause such breach. |
(9) In this section —| “aggrieved party” means a party to the relevant proceedings for whose benefit any judgment, decree, direction, order, writ or other process of a court is given, made or issued, or any undertaking to a court is given, in proceedings other than a proceeding against a person in respect of any offence; |
| “undertaking given to a court” includes an implied undertaking given to a court. |
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| Contempt by unauthorised audio or visual recordings |
5.—(1) Subject to subsection (4), it is a contempt of court —| (a) | to use in court any audio recorder, electronic device or other instrument for audio or visual recording or both, or to bring into court any such instrument for the purpose of audio or visual recording or both, without the permission of the court; [Act 25 of 2021 wef 01/04/2022] | | (aa) | to make an audio or a visual recording or both of court proceedings, or any recording derived directly or indirectly from it, without the permission of the court; [Act 25 of 2021 wef 01/04/2022] | | (b) | to publish or transmit an audio or a visual recording or both of court proceedings (being a recording mentioned in paragraph (aa) or made by means of any audio recorder, electronic device or other instrument mentioned in paragraph (a)), or any recording derived directly or indirectly from it; or [Act 25 of 2021 wef 01/04/2022] | | (c) | to use any such recording in contravention of any conditions of permission granted under paragraph (a) or (aa). [Act 25 of 2021 wef 01/04/2022] |
| (2) Permission under subsection (1)(a) or (aa) may be granted or refused at the discretion of the court, and if granted may be granted subject to any conditions that the court thinks proper with respect to the use of any recording made pursuant to the permission; and where permission has been granted, the court may at its discretion withdraw or amend it either generally or in relation to any particular part of the proceedings. [Act 25 of 2021 wef 01/04/2022] |
| (3) Without prejudice to any other power to deal with an act under subsection (1)(a) or (aa), the court may order the audio recorder, electronic device or other instrument mentioned in subsection (1)(a) or any recording made with it, or both, or the recording mentioned in subsection (1)(aa), to be forfeited; and any object so forfeited must (unless the court otherwise determines on application by a person appearing to be the owner) be sold or otherwise disposed of in the manner directed by the court. [Act 25 of 2021 wef 01/04/2022] |
| (4) This section does not apply to the making or use of audio or visual recordings or both for purposes of official transcripts of proceedings or any other purpose authorised by the court. |
(5) In this section —| (a) | “court proceedings” includes court proceedings, or any part of court proceedings, conducted through any electronic means of communication; | | (b) | the reference to an audio or a visual recording of court proceedings includes an audio or a visual recording of —| (i) | a person participating in a court proceeding; or | | (ii) | a person viewing or listening to a court proceeding, including an audio or a visual recording of a court proceeding; and |
| | (c) | “recording” includes any recording of a temporary nature, including (but not limited to) any such recording for the purposes of contemporaneous or instantaneous publication or transmission. [Act 25 of 2021 wef 01/04/2022] |
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6.—(1) Where, in a proceeding for contempt of court under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —| (a) | an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and | | (b) | the officer, employee or agent had that state of mind, |
| is evidence that the corporation had that state of mind. |
(2) Where a corporation commits contempt of court under this Act, a person —| (a) | who is —| (i) | an officer of the corporation, or a member of a corporation whose affairs are managed by its members; or | | (ii) | an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the contempt of court; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the contempt of court; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the contempt of court by the corporation; or | | (iii) | knew or ought reasonably to have known that the contempt of court by the corporation (or contempt of court of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that contempt of court, |
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| shall be guilty of the same contempt of court as is the corporation, and shall be liable on being found guilty of contempt of court to be punished accordingly. |
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| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the contempt of court with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters 5 and 5A of the Penal Code 1871; or | | (b) | the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. |
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| (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for contempt of court under this Act, and applies whether or not the corporation is found guilty of contempt of court. |
| (6) This section applies to an offence under this Act as if it were contempt of court under this Act and to a conviction as if it were a finding of guilt of contempt of court. |
(7) In this section —| “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; |
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —| (a) | any person purporting to act in any such capacity; and | | (b) | for a corporation whose affairs are managed by its members, any of those members as if the member was a director of the corporation; |
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“state of mind” of a person includes —| (a) | the knowledge, intention, opinion, belief or purpose of the person; and | | (b) | the person’s reasons for the intention, opinion, belief or purpose. |
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| Contempt by unincorporated associations or partnerships |
7.—(1) Where, in a proceeding for contempt of court under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —| (a) | an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and | | (b) | the employee or agent had that state of mind, |
| is evidence that the unincorporated association or partnership had that state of mind. |
(2) Where an unincorporated association or a partnership commits contempt of court under this Act, a person —| (a) | who is —| (i) | an officer of the unincorporated association or a member of its governing body; | | (ii) | a partner in the partnership; or | | (iii) | an individual who is involved in the management of the unincorporated association or partnership and who is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the contempt of court; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the contempt of court by the unincorporated association or partnership; or | | (iii) | knew or ought reasonably to have known that the contempt of court by the unincorporated association or partnership (or contempt of court of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that contempt of court, |
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| shall be guilty of the same contempt of court as is the unincorporated association or partnership (as the case may be), and shall be liable on being found guilty of contempt of court to be punished accordingly. |
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| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the contempt of court with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters 5 and 5A of the Penal Code 1871; or | | (b) | the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. |
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| (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for contempt of court under this Act, and applies whether or not the unincorporated association or partnership is found guilty of the contempt of court. |
| (6) This section applies to an offence under this Act as if it were contempt of court under this Act and to a conviction as if it were a finding of guilt of contempt of court. |
(7) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —| (a) | any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and | | (b) | any person purporting to act in any such capacity; |
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| “partner” includes a person purporting to act as a partner; |
“state of mind” of a person includes —| (a) | the knowledge, intention, opinion, belief or purpose of the person; and | | (b) | the person’s reasons for the intention, opinion, belief or purpose. |
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| Common law rules on contempt |
8.—(1) This Act prevails over any common law rule on contempt of court to the extent that the rule is inconsistent with any of the provisions of this Act.| (2) All defences at common law to contempt of court under this Act, not contained in this Act, are repealed. |
| (3) To avoid doubt, the common law rules on contempt of court continue in force except so far as they are inconsistent with the provisions of this Act. |
| (4) To avoid doubt, the common law rules in this section refer to both the substantive and procedural common law rules on contempt. |
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9. Nothing in this Act limits or affects the inherent powers of a court, including but not limited to —| (a) | the power of the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal to commence proceedings on its own motion for contempt of court; | | (b) | the power of a court to cause a person to be removed from the court; | | (c) | the coercive power of a court to detain a person in custody until that person complies with the court’s order or direction for a period not exceeding the maximum term of imprisonment specified in section 12; | | (d) | the power of the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal to issue an injunction including but not limited to an interim injunction to restrain a contempt of court; and | | (e) | the power of a court to require a person to provide security for compliance with an order of court, the payment of any money or the performance or non‑performance of any act. [40/2019] |
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