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Objective Of This Forum / Posting Guidelines / BW Sub-Forum Guide and Description / No Personal Advertisement In This Forum / Disruptive Posts Removal


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This is a forum started by BW years ago. In the first two locations, Geocities and EZboards, BW tended to leave the forums alone due to lack of time to micro-manage it. Nobody was assisting him then.

Since moving to this site, he had appointed some moderators. Previously, the old site was a free for all, no controls type of forum, without any moderators. They were filled with garbage so much so many readers were turned off. When readership drop, so were interesting postings. We were constantly flamed that the forum was stale. Well, we certainly hope to do better this time around.

We are listing some posting guidelines below. Please give due considerations to it when you post. This is not censorship or suppression of opinions. What we hope to see are postings that add value to the threads. We certainly do not mind one line query for clarification or direction lets say to a particular place, but numerous one liner posting directed at each other will start to make this forum look like a group SMS center. By all means post what you want, go ahead and express your opininons, flame or encourage if you have to, but please stick to the point of the original thread. We are simply asking for consideration and sensibility from our readers.

The guidelines also include restrictions on racist or anti-religious comments, political discussions about Singapore politics and anti-social behaviour.

One other thing, currently we are probably the only local forum that allows unregistered "guests" to post. The reason why all other local forums will allow only registered members to post is so they can maintain some semblence of control - not on the content but the type of postings. Spammers, troublemakers, unjustified flammers etc are much reduced when they are require to register. Conversely, it is also true, where genuine postings are also reduced. At this point in time, we do not see the need to require only registered members can post since we are not encountering such problems.

This is a non-commercial site. We welcome one and all. As much as possible we promote pink business and even other local gay websites/forums. We just hope that this will become a place where BW readers can come and read and share some interesting stories or postings, learn something new, maybe laugh a little and go away thinking hey this place is quite fun to hang out. We will always be striving to achieve these goals and we hope our readers and contributors will help us too.

We, the Admin and the moderators sincerely thank you all for your understanding.

POSTING GUIDELINES

1. Refrain from discussing about Singapore politics.

Group political discussions in Singapore are restricted to political parties. We are not one of them. So please refrain from posting anything concerning political parties, elections, political figures, the judiciary etc. in this forum. However, comments on social issues especially regarding gay life in Singapore is encouraged.

2. No racist and anti-religious comments

Racist and anti-religious comments about a particular religion is forbidden. We live in a multi-racial and multi-cultural society and we aspire to respect BWers of any races or religions. Racist or offensive religious comments will be removed immediately to protect the sensitivities of our readers.

3. Do not post libellous comments

Do not post information about a particular person or organisation you know is not true. Even if you do not know if the information is false, it is libellous to do so. Readers making such comments will be held legally responsible for their actions. Fair comments and opinions about people and organisations are allowed.

4. Anti-social behaviour.

Anti-social posting behaviour undermines the board as a source of valuable information and puts off many members, thereby deterring their continued participation. Examples of such behaviour include(though not limited to): posts with large font and/or all in CAPS, making one line comments that has little information value, posting out of topic, making irrelevant comments, continuously posting mean and hurtful remarks to other posters, communicating one to one in a thread (please use the private message system for this) or making consecutive and repetitive postings. Threads in our forums should either be of gay, gay-appeal or have a significant level of interest from our readers.

5. Respect for others' privacy.

Do not post the private information eg. names, pictures, phone numbers, addresses, place of work of individuals without getting their approvals first. Exempted are people whose information are either expected to be in the public domain, eg. free-lance masseurs or therapists. Comments or postings of pictures of individuals already available in the national media is allowed unless libellous comments are made about them.

Violators of the above guidelines are usually warned, and their comments edited if necessary. However, serious violations will warranted an immediate removal of the postings. Serial violators and trouble makers will have posting restrictions imposed on them.

BW does not exercise editorial control over any posting or private message and hence cannot be held liable for any comments made by registered or non-registered users of this board. As much as possible, we will attempt to protect posters if they post something libellous or if they inadvertently broke the laws, by removing or editing the posting as soon as possible. However readers are reminded they are responsible for their own speech and comments. Just stay away from commenting about political issues, races, religions and making pointed references about people and we should be all right.

Please play safely! Use a condom if you are having anal sex.

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  • 10 months later...

I am quoting Blowing Wind (the original admin of this forum) when he replied to the thread "Unregistered Guests" in the feedback section.

Blowingwind @ February 08, 2006 11:58 pm

Thanks guys for the trouble to feedback here.

BW has always traditionally allowed unregistered guests to post. You may not have noticed it but we had always have a big group of silent supporters here for years.   

They may be closeted ones. Or they may be at work. Or they may be sneaking a peep using computers at Internet cafes away from prying eyes at home. They may be here using computers at places where it is inconvenient to log in.

For whatever reasons, we have always made it comfortable for them here for their silent support through all these years.

Every posting should stand on it's own merit, doesn't matter if it's posted by registered members or not. Even my replies are not above scrutinies. If you don't agree to the posting, rebut gracefully or kindly skip over or ignore them. If they are nasty flame posts devoid of any merits, we'll delete them. I would prefer a more open place where we can be matured enough to accept some inconvenience to ourselves for the benefit of others.

All other gay forums here in sg require registration to post, so we would like to keep our unique culture here of being more open. There were problems but none that we cannot handle.

For those who know me through the years should know I am the permissive type of moderator. I dislike controlling or telling people what to think or to do. We have enough of that already in life. Just because there may be some troublemakers, the typical reaction of our society here is to control, more controls and control even those who are decent, well behaved people. It stifled the whole soceity as we already know and yet pretend that it's all for our own good.

I hope to provide an escape corner here for people to be themselves.

Be Happy

Reccently, there had been discussions about compulsorily requiring people to become members before they can post. The above statement from Blowing Wind have addressed the concerns raised by the discussions.

All of us here, members or not are actually guests of this forum. Membership, which is free, does not accord you any more rights or priviledges, other than allowing you to place an ad in the "Personals" section and also so that other members can send you a personal message.

Historically since the day BW (the forum) was started, guests had been allowed to post. It is not about to change. To continue to participate happily in this forum, kindly treat the above as the unofficial policy of this forum regarding unregistered guests.

As of today, we are the only local gay leaning forum that allowed guests to post. We sincerely hope the continuation of this policy do not dissuade anyone from continuing to participate in the forum.

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  • 2 years later...

I am consolidating all the previous threads regarding the new forum here, for easy reference:

01. Admin: The First Month

http://www.blowingwi...?showtopic=9693

02. Testing Google Search on Blowing Wind

http://www.blowingwi...?showtopic=9582

03. Now That Blowing Wind Is A Privately Owned .org Domain

http://www.blowingwi...?showtopic=9526

04. Obsolete Article.

05. Obsolete Article

06. Board's New Feature: IRC Chat Java Applet

http://www.blowingwi...?showtopic=9369

07. Admin : Removing "gay" From Title Bar Of Blowing Wind Gay Forum

http://www.blowingwi...showtopic=11190

08. Welcome To The New Board!, Latest BW Official Opening!

http://www.blowingwi...?showtopic=9336

09. Tips On Using The New Forum

http://www.blowingwi...?showtopic=9351

10. Decision: Blowing Wind - Moving Forward

http://www.blowingwi...?showtopic=9252

11. Blowing Wind Civic Community Messages

http://www.blowingwi...showtopic=10147

12. Blowing Wind Ads for Charity

http://www.blowingwi...showtopic=11353

Let me live my life to be an instrument of 'Love'

in how I speak, in how I see others.

- May there be Love and Peace beyond all understanding -

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  • 8 months later...

13. Member's Photo
http://www.blowingwi...showtopic=11056

14. BW Forum 2008 In Review
http://www.blowingwi...showtopic=12083

15. BlowingWind Forum Upgrade 2009
http://www.blowingwi...showtopic=14105

16. How To Post Pictures Into BW Forum
http://www.blowingwi...showtopic=12510

17. Blowing Wind Forum Software Upgrade 2010
http://www.blowingwi...showtopic=17668

18. Bw Howto: Customise / Sex-Up Your Profile Page
http://www.blowingwi...showtopic=17689

19. Mobile BlowingWind
http://www.blowingwi...showtopic=17839

20. Admin: How To Add / Remove Friends In Blowingwind
http://www.blowingwi...showtopic=19658

21. Admin: How To Delete Your Blowing Wind Account
http://www.blowingwi...showtopic=19883

22. Announcing BW Massage Forum
http://www.blowingwi...showtopic=21823

23. Admin: Switching Between Normal And Mobile Skin
http://www.blowingwi...showtopic=23676

24. Admin: Registered Member Cannot Post / Pm / Update Status
http://www.blowingwi...showtopic=29818

 

25. Admin: BW Chat (FAQ)

http://www.blowingwind.org/forum/index.php?showtopic=39440

 

26. Admin: How to Disable Online Chat
http://www.blowingwi...showtopic=32982

27. Admin: Loss Password (Self-Service)
http://www.blowingwi...showtopic=33510

28. Admin: Registered Members Unable To Receive Email
http://www.blowingwi...showtopic=38435

 

29. How To View Latest Posts First?

http://www.blowingwind.org/forum/index.php?showtopic=46948

Let me live my life to be an instrument of 'Love'

in how I speak, in how I see others.

- May there be Love and Peace beyond all understanding -

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  • 2 years later...

BW 2009 Changes

 

01. 100,000th Blowing Wind Post - Welcome And Thanks !

http://www.blowingwind.org/forum/index.php?showtopic=12989

 

 

BW 2011 Changes

01. Overview - Pls Read This First
http://www.blowingwi...showtopic=28442

 

02. 200,000Th Post Of Blowing Wind

http://www.blowingwind.org/forum/index.php?showtopic=21122

 

03. New Directions for our Forums
http://www.blowingwi...showtopic=28444

04. Increasing PM Personal Messages from 100 to 200
http://www.blowingwi...showtopic=28450

05. Staying Afloat with BW Advertisement Drive
http://www.blowingwi...showtopic=28448

06. Bw We Lost Our Google Advertisement $
http://www.blowingwind.org/forum/index.php?showtopic=27441

 

 

BW 2011 Upgrade

07. Bw Forum April 2012 Upgrade
http://www.blowingwind.org/forum/index.php?showtopic=31523

Let me live my life to be an instrument of 'Love'

in how I speak, in how I see others.

- May there be Love and Peace beyond all understanding -

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  • 5 months later...
  • 1 year later...
BW 2012 Changes

 

01. Bw Profile Add - Ht / Wt / Relationship / Role


 

02. Facebook Style On-Page Chat


 

03. 400,000Th Blowing Wind Post


 

04. Welcome Bern Our New Bw It Admin Cum Moderator


 

05. Admin: More Cpu Juice For Bw !


 

06. Admin: Bw 3 Days 2 Outages And Moving Ahead


 

07. Blowingwind Forum - 2012 In Review


 

 

BW 2012 Upgrade

 

08. Bw Forum April 2012 Upgrade


 

09. Admin: Removed Gravatar Support


 

10. Bw Forum Upgrade / Maintenance Tonight


 

11. Admin: System Performance Problem


 

12. Admin: Server Load Too High Message


 

13. Admin: Bw Site Problem These Last 2 Days


 

14. Bw Database Problem


 

15. Bw Down For Database Full Rebuilt 5Pm Today [Completed]


 

16. Admin: Chat Optimisation [Completed]


 

17. Our Chat Software Is Upgraded (13/11/2012)


 

18. Admin: Bw Database Corruption - Posts Loss


 

19. Admin: Bw Planned Upgrade (21/12/2012, 3:30Pm )


 

20. Admin: Bw Unexpected Outage (29/12/2012)


Join the official BW Telegram Group Chat: https://bit.ly/frmbw

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BW 2013 Changes
 
01. Admin: New Profile Fields Added
http://www.blowingwind.org/forum/index.php?showtopic=37816
 
02. Poll : Would You Install A Bw Forum Mobile Application
http://www.blowingwind.org/forum/index.php?showtopic=38043
 
03. Celebrating The 500,000Th Post Of Blowing Wind
http://www.blowingwind.org/forum/index.php?showtopic=39563
 
04. Forum New Feature = Best Answer Feature
http://www.blowingwind.org/forum/index.php?showtopic=40592

 

05. [bw] Forum Blackout Official Statement (6/6/2013)

 
06. Forum Technical Help
http://www.blowingwind.org/forum/index.php?showtopic=42016
 
07. Poll: Will You Attend This Year's Bw Anniversary Party?
http://www.blowingwind.org/forum/index.php?showtopic=42970
 
08. [ B W ] 8Ighth Anniversary Party 2013
http://www.blowingwind.org/forum/index.php?showtopic=43571
 
09. Forum New Feature: Bw Calendar
http://www.blowingwind.org/forum/index.php?showtopic=44953
 
 
BW 2013 Upgrade
 
10. Admin: Forum & Chat Software Upgrade (20/2/2013)
http://www.blowingwind.org/forum/index.php?showtopic=38936
 
11. Admin: Bw Status Missing
http://www.blowingwind.org/forum/index.php?showtopic=39304
 
12. Admin: Bw Forum Maintenance Update (2/6/2013)
http://www.blowingwind.org/forum/index.php?showtopic=41283

 

13. Admin: Forum Outage (25/07/2013)
http://www.blowingwind.org/forum/index.php?showtopic=42218
 
14. Admin: Bw Backup Server + Maintenance Notice (15/08/13)
http://www.blowingwind.org/forum/index.php?showtopic=42716
 
15. Admin: Chat Software Upgrade (3/12/2013) [Completed] 
http://www.blowingwind.org/forum/index.php?showtopic=46063
 
16. Admin: Blowingwind.org Spam Email Fighting
http://www.blowingwind.org/forum/index.php?showtopic=46350&hl=
 
17. Suggestion For Moderators - On Polling
http://www.blowingwind.org/forum/index.php?showtopic=46562
 
18. Admin: Bw Outage Today 27/12/2013 07:06 - 11:31 Am
http://www.blowingwind.org/forum/index.php?showtopic=46812

Join the official BW Telegram Group Chat: https://bit.ly/frmbw

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  • 8 months later...

BW 2014 Changes
 
01. BW Supports Pink Dot

http://www.blowingwind.org/forum/index.php?showtopic=52096
 

 

BW 2014 Upgrade / Announcement

02. Bw Offline 8 Feb 2014 15:41 - 20:51
http://www.blowingwind.org/forum/index.php?showtopic=48079

 

03. Admin: Bw Maintenance Notice (11/7/2014)

http://www.blowingwind.org/forum/index.php?showtopic=52671

 

04. Admin: Email Notification Adjustments (Especially Microsoft Mail)

http://www.blowingwind.org/forum/index.php?showtopic=56442

 

05. Admin: Chat Software Upgrade (29/11/2014) [Completed]

http://www.blowingwind.org/forum/index.php?showtopic=57653

Join the official BW Telegram Group Chat: https://bit.ly/frmbw

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  • 2 months later...
  • 5 months later...
  • 4 months later...

BW 2015 Changes

01. [bw] Welcome Our New Section Moderators - Glyph And Amplify
http://www.blowingwind.org/forum/index.php?showtopic=61003

 

02. 1,000,000Th Post Of Blowingwind
http://www.blowingwind.org/forum/index.php?showtopic=61103

 

03. Blowing Wind 1/0Enth Anniversary Party 2015
http://www.blowingwind.org/forum/index.php?showtopic=62683

 

04. Here's Why You Should Attend Blowing Wind's Anniversary Party
http://www.blowingwind.org/forum/index.php?showtopic=65101

 

05. #bw10
http://www.blowingwind.org/forum/index.php?showtopic=65249

 

06. BW 10 years in review

http://www.blowingwind.io/bw10

 

07. What Changes Do You Wish To See For Blowing Wind? (Eg. User Interface, Additional Features, Etc.)
https://www.blowingwind.io/forum/topic/62320-what-changes-do-you-wish-to-see-for-blowing-wind-eg-user-interface-additional-features-etc/

 

08. BW New Interface 2016 + Polls / Comments / Q&A
https://www.blowingwind.io/forum/topic/71933-bw-new-interface-2016-polls-comments-qa/

 


BW 2015 Upgrade / Announcement

09. Admin: Bw Outage On Our Primary Host (30/5/2015)
http://www.blowingwind.org/forum/index.php?showtopic=64116

 

10. Big Bug In Bw? [Fixed]

https://www.blowingwind.io/forum/topic/64918-big-bug-in-bw-fixed/

 

11. BW Upgrade 29/12/15 [Completed] Post Bugs Here
https://www.blowingwind.io/forum/topic/71880-bw-upgrade-291215-completed-post-bugs-here/

 

Join the official BW Telegram Group Chat: https://bit.ly/frmbw

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  • 2 weeks later...
Guest Glyph

1. General guidelines meant for the forum shall also apply to the chat room.
These include but are not limited to:

  • No political / religious / racist remarks
  • No drugs
  • No sexual activities for money / "rewards"

2. A chat room is, generally, an area on the internet where users communicate.
Excessive text flooding / repetition impedes this primary function and is highly discouraged.

3. The chat room is to be treated as public space and is moderated. Any decision made by the moderator is final.

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  • 4 months later...
Guest Guest

I have posted a new topic before and often the posting was removed.

 

Could the moderator indicate where we can find the guidelines on new topics? I could not find them.

 

And if you merge the new topic into another topic, could you let the new topic stay for a day and leave a message somewhere to inform us where you have merged the new topic into? If not, we can't find the new topic.

 

Thanks.

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Guest Glyph

Generally speaking, if there is a subforum that specifically caters to your topic, then you should be posting in there. As with the case of Blowing Wind;

 

Bulletin Board

 

Main Forum (commonly known as General Discussion in other forums)

Anything that does not infringe our guidelines and are not related to the other subforums may be posted here. Also where we make official announcements.

 

Members' Lounge

This is actually a subset of the main forum, but only members can post here. We're also much more lenient with what should or should not be here.

 

Personals

Personal classified ads that involves you looking for someone or something that doesn't revolve around monetary trading. Like the Members' Lounge, this subforum is viewable by all, but only members can post.

 

Interest Groups

 

IT Rest Room

For the nerds and geeks. Also serves as our IT Help Center.

 

Imperial Kitchen

As the saying goes, "The way to a man's heart is through his stomach."

 

Travellers Hut

Planning a vacay? Not entirely sure where to go or what the culture is like at a specific destination? You might just find it here.

 

Message & Grooming Services

For professional home-based massage services. Only members can post.

 

Fitness & Health

For the fitsy witsy ones.

 

Miscellaneous

 

Services, Biz & Useful Web Links

Basically BW's trading hub/information counter. Buy/Sell/Trade stuff here. Services that are legal may also be rendered. Only members can post.

 

Archives

Our History Museum. Only for viewing purposes, do not touch anything here. I repeat, do NOT touch anything here.

 

The Flaming Room

Because the internet decided that there shouldn't be a dislike button.

 

Test Forum

For the newbies to test post formats, BBCodes, etc.

 

 

That said, for the sake of coherency, a temporary link is sometimes made when a topic is moved. For merged threads, look out for '(Compiled)' in its title to indicate it as such.

 

As a Guest, you may find yourself unable to fully access certain functions within BW, so it's inevitable that some of your misplaced topics were moved or removed. If you have a topic that fits into any of these "Only members can post" subforums, do sign up for an account with us.

 

I also took the liberty to pin this as a reference for others who may have the same question as you do. For any other enquiries, feel free to do so in our IT Rest Room.

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  • 2 weeks later...

To add on to what Glyph had mentioned above, I am certain that there are Members that found themselves with warning for posting in the wrong section.  One example is when Member posts of personal nature (viz looking for sex), where it is rightfully so to be posted in Personals, but have it posted in the Main Forum.  

 

The fact that there is already this thread, which the Mods hope all members are to read (and adhere) it, it is only proper that warning is issued.

 

 

Let me live my life to be an instrument of 'Love'

in how I speak, in how I see others.

- May there be Love and Peace beyond all understanding -

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  • 2 months later...

BW 2016 Upgrade / Announcement

01. Admin: More Disk, More RAM and Hopefully Faster BlowingWind Access

https://www.blowingwind.io/forum/topic/74207-admin-more-disk-more-ram-and-hopefully-faster-blowingwind-access/

 

02. Blowingwind.org domain name problem [Solved]

https://www.blowingwind.io/forum/topic/75257-blowingwindorg-dns-renewal/

 

03. BW Maintenance + DB error (19/5/2016)

https://www.blowingwind.io/forum/topic/76234-bw-maintenance-db-error-1952016/

 

Join the official BW Telegram Group Chat: https://bit.ly/frmbw

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  • 4 weeks later...

All posting with Guest nick Power Tongue & Peh Xinyi Will be removed from This Forum

 

The reason being that the idiotic guests posting behind these 2 nicks will cause disruption to the discussion and bitch fight.

 

All members are to report to Moderator if they see Guest posting with the above 2 nicks.

 

Thanks 

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  • HendryTan changed the title to Objective Of This Forum / Posting Guidelines / BW Sub-Forum Guide and Description / No Personal Advertisement In This Forum / Disruptive Posts Removal
  • 1 year later...

 

We had received copyright owner claiming their copyright photos in our forum, we have promptly removed said photos from our forum. 

 

We do not encourage users to post copyrighted material, and we will remove the infringed materials once the owner notify the mod.

 

If you are unsure of the legitimacy of the photo or material, be on the safer side, don't share them.

 

 

2018-06-11_23-30-02.jpg

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  • G_M changed the title to [[ Removal of Copyright Photos ]]
  • G_M locked and pinned this topic
  • 5 months later...
5 hours ago, Milktea125 said:

Today at bedok mrt. Jc guy didnt zip up

 

Do Not post pictures of innocent bystanders in a gay forum, without their permission unless you are prepare to answer to the authorities under the PDPA act.

 

Any more such violations and your account will be suspended.

 

How would you like it if your pic is seen in gay forum.

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On 11/10/2018 at 11:10 AM, riverrobles said:

<image removed by mod>

 

 

What did I say about copyright pictures and the Privacy law's of Singapore before?

 

For disobeying the rule, you get 1 week suspension.

 

The next copyright infringement and breaking of the PDPA ruling will get you banned.
 

 

What Can I Do If Someone Takes a Photo of Me in Public and Publishes It?

 
Featured image for the "What Can I Do If Someone Takes a Photo of Me in Public and Publishes It" article. It features an irritated woman after a man takes her picture without permission.
 

You may feel disconcerted after realising that someone has taken a photo of you in public and has published it without your consent.

What you should do is:

  • Keep the publication in which your photo appeared, if the photo was published in a physical medium like a magazine, leaflet or poster;
  • Take a photograph of the publication in which your photo appeared, if the photo was published in a physical medium but you are unable to or are not allowed to keep the publication with you; or
  • Capture a screenshot of the webpage on which your photo appeared, if the photo was published online.

Next, you should try your best to ascertain the identity of the person or company who took and published your photo.

Once you are able to do so, you can request that the other party remove the photo expeditiously. Should that party not comply with your request and/or should you seek compensation from him as well, you may then consider taking legal action.

Breach of Data Privacy

If the other party had taken and/or published the photo without your consent in his capacity as an employee acting in the course of employment with an organisation, you may sue his employer, i.e. the organisation, under the Personal Data Protection Act (PDPA). However, you must have incurred any losses or damages directly arising from his actions.

Alternatively, you may submit a complaint to the Personal Data Protection Commission, which may then investigate whether there was any non-compliance with the PDPA on the part of the organisation.

Harassment

You may be able to sue the other party for harassment under the Protection from Harassment Act in the following circumstances:

  • If the other party had intended to cause “harassment, alarm or distress” to you, and therefore published “threatening, abusive or insulting words” (along with the photo), which led you to feel harassed, alarmed or distressed, unless he can show that he had acted reasonably.
  • If the other party published “threatening, abusive or insulting words” (along with the photo), which led you to feel harassed, alarmed or distressed, unless he can show that he had acted reasonably or that he had no reason to believe that you would have heard, seen, or otherwise perceived the words in question.
  • If the other party published “threatening, abusive or insulting words” (along with the photo), with the intention of causing you to believe that unlawful violence would be used against you or a third party, or whereby you are likely to believe that such violence would be used against you or a third party, unless he can show that he had acted reasonably or that he had, in the latter scenario, no reason to believe that you would have seen, heard, or otherwise perceived the words in question.

Also, you may apply to the District Court for a protection order or lodge a Magistrate’s Complaint at the Community Justice Tribunals Division (CJTD) to stop the harassment.

Defamation

If the other party who took a photo of you published the photo together with written statements, you may be able to establish a claim in defamation against him due to the defamatory nature of those statements. This is provided:

  1. You can prove that the requisite elements of the tort have been fulfilled; and
  2. The other party is unable to rely on any defence recognised under the law.

For more details on these elements and defences, refer to our guide on defamation.

Passing Off

While image rights are not recognised under Singapore law, you may consider suing the other party for passing off if your photo was used without your consent by the other party for commercial purposes. To establish a claim for passing off, you need to fulfill 3 requirements:

  1. You must have goodwill associated with any goods or services that you supply to the public.
  2. The other party must have made a misrepresentation that caused or was likely to cause the public to believe that his goods or services were instead your goods or services.
  3. You suffered or are likely to suffer damage because of the misrepresentation.

The UK case of Fenty and Others v Arcadia and Others [2015] EWCA Civ 3 provides some guidance as to how the Singapore courts may in future safeguard the commercial use of individuals’ images via the tort of passing off.

For instance, to fulfill the goodwill requirement, a claimant should have operated an extensive endorsement business such that he has acquired significant goodwill with regard to the types of goods or services that he has been endorsing.

Meanwhile, to satisfy the misrepresentation requirement, the claimant should have been misrepresented as having endorsed the defendant’s products or as being responsible for the products’ quality.

Evidently, this avenue of seeking redress, i.e., the tort of passing off, is more appropriate for celebrities or well-known people who are known by the public (or a significant section of it) for doing endorsements for businesses. If you are someone who has previously authorised numerous businesses to use your image for such purposes, you may be able to satisfy the goodwill requirement.

Also, provided you fulfill the other 2 aforementioned requirements as well, you may succeed in a claim of passing off.

Previously, if someone took a photo of you in public and published it, there was little that you could do other than rely on the bases of harassment, defamation or passing off should the facts allow so.

Now, with the enactment of the PDPA, you may have a stronger claim against the other party on the basis of a breach of data privacy, provided that party had acted in the capacity of an employee of an organisation.

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