Voyeurism (Section 377BB)


New Law kicks in to tackle Voyeurism on 1 Jan 2020

In 2019, sexual offences facilitated by advances in technology were thrust into the spotlight. There has been an emerging trend of recordings of victims in various states of undress or intimacy (such an upskirt content). These actions, known as voyeurism (under Section 377BB of the Penal Code), is now treated as a specific offence under the Penal Code with its own range of harsher punishments.

What is voyeurism?

Under Section 377BB of the Penal Code, it will be an offence to make voyeuristic content of someone.

Voyeurism involves the recording of someone partaking in a private action or taking still images of their private areas without their consent. Examples include the taking of up-skirt videos and/or images or taking of videos and/or images of an individual showering.

Any person convicted of this offence could be jailed up to two years and may also be caned and fined.

Distribution of voyeuristic image or recording

Section 377BC of the Penal Code prohibits the distribution of voyeuristic content.

Any person caught distributing voyeuristic content could be jailed up to five years and may be caned and fine.

Possession of voyeuristic image or recording

Under Section 377BD of the Penal Code, the possession of or gaining access to voyeuristic images or recordings of another person, is an offence.

Voyeuristic images refer to images of a person’s private parts (E.g genitals) regardless whether the person was bare or covered by clothes or images of someone performing a private act. Voyeuristic recordings refer to the video versions (taking of up-skirt videos).

A person is found guilty if he or she knows that the voyeuristic images or recordings are obtained illegally by a third party.

It does not matter whether the individual has physical possession of the electronic image or recording. The law presumes that the individual is deemed to have possession of the image or recording if he or she has access to their electronic versions.

Any person convicted of this offence could be jailed up to two years and may also be caned and fined.

Presumption of consent

The law further introduces a presumption that the individual depicted in the recording did not consent to the recording which means that those caught with such films will have to prove that he had made the recording with the consent of the person depicted.

Consult a Lawyer

If you are facing a voyeurism charge, our team at Populus Law Corporation can help you. For more information, call us today at +65 9008 3740 or click here to send us an enquiry.

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