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The Straits Times
Oct 12, 2022
Content creator Titus Low Kaide was on Wednesday sentenced to three weeks' jail and fined $3,000 for transmitting obscene materials on online subscription-based platform OnlyFans and continuing to access his account despite the authorities warning him not to do so.
Appearing in court in person wearing a dark blue long sleeve shirt and khaki pants, the 22-year-old pleaded guilty to two charges.
They comprised one count each of transmitting obscene material by electronic means, for which the fine was imposed, and breaching a police order barring him from accessing his OnlyFans account, which accounted for the jail term.
Another three similar charges were taken into consideration.
The court heard that Low was investigated for transmitting obscene material on OnlyFans in October 2021.
A man had informed the police that his 12-year-old niece had on her mobile phone a video of Low performing a sex act.
On Oct 11, Low gave the police the password of his OnlyFans account and the primary e-mail linked to it. He omitted to tell them that his account was also linked to a secondary e-mail.
He was given an order not to access the account while investigations were ongoing.
That same day, he contacted the OnlyFans support desk to inform them that his account had been hacked and to ask for assistance to reset his password.
He succeeded in regaining access to his account on Oct 12 and uploaded eight obscene photos and videos on the platform.
Low also transferred a sum of money stored in his OnlyFans account to his friend’s bank account, which was later transferred to him.
On Oct 26, the police tried to access the account as part of its investigation but could not do so. When confronted, Titus admitted that he had changed the password.
The police then warned him not to breach the order again and changed the password of his OnlyFans account.
Low contacted the OnlyFans support desk soon after and was able to regain access of his account.
He uploaded 34 photos and videos, which showed him performing sexual acts.
Members can share adult content on OnlyFans, and Low is the first content creator in Singapore to be convicted of transmitting obscene materials on the platform.
Between April and October 2021, he earned US$240,979 (S$346,475) from OnlyFans, the court heard.
Low's account currently has 208 posts and 338 media files. It is now inactive.
Seeking a four-week jail term and a $3,000 fine, Deputy Public Prosecutor Thiagesh Sukumaran told the court that Low’s actions were premeditated, and he intended to undermine police investigations to advance his financial interests over all else.
“He spun an elaborate story about his OnlyFans account being compromised to deceive the platform and regain access to his account. He also breached the police order more than once,” he said.
Low’s lawyer, Mr Kirpal Singh, asked for his client to be assessed for probation or given a fine as an alternative to the jail term.
He said only adults can access OnlyFans, but it is impossible to prevent content on the platform from permeating social media, such as when a paying subscriber records an OnlyFans video with an external device.
He added that there was a broader issue here, as it is not uncommon for consenting adults to send potentially pornographic materials to each other.
“That in itself is an offence, but no action is taken. For example, if a disgruntled boyfriend threatens the girlfriend to upload the material, then he is charged, but the girlfriend who sent him the material is not charged,” said Mr Singh.
He noted that there is a “certain anomaly as to why Low was selected” but accepted that it was entirely up to prosecutorial discretion.
When Mr Singh asked his client why he defied the police order, Low told him that he had subscribers who had prepaid, and he felt obligated to supply content to them.
His wife, Malaysian influencer Cheryl Chin, who is around three months pregnant, was present in court during the proceedings.
For failing to comply with the order not to access his OnlyFans account, Low could have been jailed for up to six months and fined up to $5,000.
The offence of transmitting obscene material electronically carries a maximum punishment of three months’ jail and a fine.