Titus Low charged: What OnlyFan creators and subscribers can and cannot do

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“CONSENT IS NOT A DEFENCE”

For creators in Singapore who post on OnlyFans, if their content is not obscene, there is “generally no issue” of legality, said Ms Victoria Tay, an associate at IRB Law.

“There are no laws in Singapore prohibiting general content creation and dissemination. However, content creators should be mindful to ensure that their content does not breach any intellectual property or copyright laws, or personal data protection laws,” said Ms Tay. 

“Users should also be careful that the content they create, upload or share do not contravene racial and religious laws or are otherwise insulting and defamatory.” 

Materials that are “objectionable” include pictures, photographs or audio recordings depicting sex, horror, crime, cruelty, violence or the consumption of drugs and other intoxicating substances, said Mr Tang. 

The making of, sale and distribution of such materials can constitute a criminal offence, he added. 

The consenting relationship between a subscriber and a creator who uploads photos or videos of themselves is also not considered a defence, lawyers said. 

“The legislative intent behind why consent is not a defence is not clear. In our view, it is likely to be to uphold public morality,” said senior associate at IRB Law Lydia Lee. 

“This may go to show the lawmakers’ view that, even if obscene material were provided and obtained with consent, the act of transmitting obscene content still offends public morality.”

Just like how it is illegal for the sale of pornographic DVDs from a “willing seller” to a “willing buyer”, the fact that there is consent from both the OnlyFans’ creator and subscriber is not a defence to an offence involving the profiting from the transmission of obscene materials, said Mr Tang. 

“The law seeks to deter the commercial exploitation of the sale of pornographic or obscene materials and to protect the minds of the members of the public who may be tempted to purchase and expose themselves to the corrupting influence of such obscene or objectionable materials,” he added. 

Although it is “understandable” that creators on OnlyFans seek content that is edgy and provocative that would generate interest and attract paid viewership, this must be balanced against the risk that they would be exposed to if their content is in breach of the law, said Mr Tang. 

“The fact that the content is on the Internet, is easily uploaded and/or created, or available only to paid viewers, does not change the application of laws of the countries in which the content can be accessed,” he said. 

“More importantly, the laws continue to apply regardless of the ease by which such materials can be created, uploaded or are accessible,” he added, urging creators to be aware of the laws and regulations, and sensitive to controversial issues like race, religion and gender. 

Source : https://www.channelnewsasia.com/singapore/onlyfans-illegal-singapore-titus-low-creators-obscene-content-2435921

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Date de Publication : 2022-01-18 09:00:00

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