Singapore reviewing HIV disclosure law after studies show little risk of transmission for those with low viral load
Advocacy groups and infectious diseases experts believe current law is unnecessary, and may be counterproductive to public health goals
SINGAPORE — The Ministry of Health (MOH) is reviewing a law which requires those with HIV (human immunodeficiency virus) to inform their sexual partners of the risk of viral transmission or face jail time.
The Straits Times reported on Wednesday (27 December) that the ministry as saying that studies have revealed that there is "practically no risk" of transmission among people living with HIV who have been compliant with treatment and maintained a stable, undetectable viral load.
“MOH is conducting a review of the Infectious Diseases Act (IDA) following the White Paper on Singapore’s Response to COVID-19, and will take the latest scientific evidence into account when reviewing the sections on HIV to ensure continued relevance and alignment with our public health policy goals,” an MOH spokesperson told ST.
The law was introduced in 1992 so that partners of those living with HIV can make an informed decision and take necessary precautions to protect themselves. In 2008, the maximum jail term was raised from two years to 10 years, while culpability was also widened to include those who do not know if they have HIV or AIDS (acquired immune deficiency syndrome) but have reason to believe they were exposed to significant risk of infection, such as having multiple sex partners.
From 2019 to this month, six people were convicted for failing to disclose their HIV status to their sexual partners.
Sexual health should be shared responsibility: Experts
ST reported that advocacy groups and infectious diseases experts believe the current law may be counterproductive to public health goals.
In a letter published on the national broadsheet's Forum page last month, the advocacy groups argued that sexual health should be a shared responsibility between partners, regardless of their HIV status. They also said the law is unnecessary, given that there is existing legislation outside the IDA that penalises deception and grievous harm.
Dr Leong Hoe Nam, an infectious disease specialist at Mount Elizabeth Novena Hospital, told ST that he is also of the view that the law should be repealed.
“It is a very extreme minority who want to deliberately infect other people with HIV, but everyone should know that they can protect themselves from HIV by using condoms or taking PrEP (pre-exposure prophylaxis medicine),” he said.
However, Health Minister Ong Ye Kung had cautioned in a Parliamentary reply in February that the use of prophylaxis medicine is a supplementary HIV-preventive option, as it is neither fully effective nor protects against other sexually-transmitted infections.
Close to 7,000 people living with HIV
HIV attacks the immune system and AIDS - which is fatal if untreated - is the final stage of its infection. While there is no cure for HIV, antiretroviral therapy can improve the immune system and suppress the viral load in a patient’s body to an undetectable level.
According to an MOH update on the HIV/AIDS situation, Singapore has close to 7,000 people living with the disease. A total of 9,331 persons have been diagnosed with HIV/AIDS since 1985, with 188 newly-diagnosed cases in the first 10 months of 2023.
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