Gay Travel Advisory

Singapore

Penal Code from 2008 & Internet Code of Practice from 1997

Legal Code Text

Section 377A - “Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.”

Section 294 - “Whoever, to the annoyance of others: (a) does any obscene act in any public place; or (b) sings, recites or utters any obscene song, ballad or words in or near any public place, shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both.”

Section 4(2)(e) - “In considering what is prohibited material, the following factors should be taken into account: [...] whether the material advocates homosexuality or lesbianism.”

ILGA Analysis & Notes

In October 2014, Singapore’s highest court, the Court of Appeal, found that Section 377A infringed the rights of individuals of diverse sexual orientation, and felt that the legislature should address the issue, and law should not be made by the Court. Reportedly, an internet blogger commenting that one of the judges acted with bias (his text is available in this article), was sentenced with a fine of approximately €6,000, upheld at his appeal in December 2015. Kaleidoscope Trust reports (at 46) that section 377A is rarely used now to prosecute LGB people, but sections 354 and 294 are deployed more frequently In June 2015, the Pink Dot rally attracted more than 28,000 participants in Hong Lim Park.. Similar number of attendees populated the June 2016 rally, but it is notable that there was a particular emphasis by the State on ensuring ‘foreign entities’ are not funding this agenda (2016 saw significant new funding partners for this event). In January 2016, at its 2nd cycle UPR, Singapore received 12 recommendations, 11 of which called for repeal of Section 377A, and one of which focused on bias in media representation of LGBTI persons and issue, and another which called for general non-discrimination. Singapore “noted” (effectively rejected) all 12 recommendations.

Section 377A of the Penal Code was officially repealed on 3 Jan. 2023 (Penal Code (Amendment No. 39) (2022), gazetted after Presidential assent), following the government's 2022 announcement. The repeal was paired with a constitutional amendment defining marriage as between a man and a woman. In Jan. 2024 the government confirmed a path for the ~250 people still living with historic Sec. 377A convictions to apply to have those convictions expunged.