Foreign Interference (Countermeasures) Act 2021/Part 2

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PART 2
FOREIGN INTERFERENCE BY ELECTRONIC COMMUNICATIONS ACTIVITY

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.

Clandestine foreign interference of target using electronic communications activity

18.—(1) A person (Z) commits an offence if —

(a) Z undertakes electronic communications activity that results in or involves publishing in Singapore information or material;

(b) Z undertakes the electronic communications activity on behalf of—

(i) a foreign principal; or

(ii) another person acting on behalf of a foreign principal;

(c) Z intends that the electronic communications activity, or the information or material published in Singapore, will influence another person (called in this section the targeted person) to undertake activity, or engage in conduct, in Singapore that—

(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) Z conceals from, or fails to disclose to, the targeted person the circumstance mentioned in paragraph (b).

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

(a) Z does not need to have in mind a particular foreign country or foreign principal; and

(b) Z 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 $100,000 or to imprisonment for a term not exceeding 14 years or to both; or

(b) in any other case, to a fine not exceeding $1 million.

Preparing for or planning an offence under section 17 or 18

19.—(1) A person commits an offence if—

(a) the person engages in conduct; and

(b) the person does so with the intention of preparing for, or planning, the commission of an offence under section 17 or 18.

(2) Subsection (1) applies—

(a) whether or not an offence under section 17 or 18 is committed;

(b) whether or not the person engages in the conduct in preparation for, or planning, a specific offence under section 17 or 18; and

(c) whether or not the person engages in the conduct in preparation for, or planning, more than one such offence.

(3) Section 38 of the Interpretation Act 1965 and section 511 of the Penal Code 1871 do not apply in relation to an offence under section 17 or 18.

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

(a) where the offence involves an intention of preparing for, or planning, the commission of an offence under section 17—

(i) if the person is an individual, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 5 years or to both; or

(ii) in any other case, to a fine not exceeding $300,000; and

(b) where the offence involves an intention of preparing for, or planning, the commission of an offence under section 18—

(i) if the person is an individual, to a fine not exceeding $60,000 or to imprisonment for a term not exceeding 9 years or to both; or

(ii) in any other case, to a fine not exceeding $600,000.