HIV Disclosure Law to Be Amended; People No Longer Need to Disclose to Sexual Partner As Long As They Fulfil Certain Condition

On 23 July 2023, the World Health Organisation (WHO) released a new set of guidelines for individuals with the Human Immunodeficiency Virus (HIV).

According to research that was presented during the 12th International IAS (the International AIDS Society) Conference on HIV Science, WHO highlighted that people with HIV who achieve an undetectable viral load are not at risk of transmitting HIV to their sexual partners.

To simplify the concept of undetectable viral loads, antiretroviral treatments for HIV suppress the virus and prevent it from multiplying. This reduces the number of virus copies found in the bloodstream, allowing individuals to live healthier lives while lowering the risk of transmitting the virus.

When there are less than 200 viral copies per millilitre of blood, the individual is found to have an undetectable viral load and has virtually no risk of transmitting the virus to their sexual partners.

Singapore’s Parliament Passes Bill Amending Its HIV Disclosure Law

A year after WHO released the set of guidelines, Singapore’s Parliament passed a Bill on 7 March 2024 pertaining to citizens living with HIV. Essentially, individuals with HIV are no longer mandated to reveal their HIV-positive status to their sexual partners as long as they have an undetectable viral load for at least six months.

However, these individuals need to be tested and have the result of an undetectable viral load at least nine months or less before they have sex. They must also continue to adhere to their medical treatment during that time.

Before the Bill was passed, people with HIV were required by law to inform potential sexual partners about the risk of contracting the virus. The other party must have also provided their consent in accepting the risk before engaging in sexual intercourse.

If these conditions were not fulfilled, the person with HIV could be fined up to $50,000, jailed for up to 10 years, or both.

According to Rahayu Mahzam, the Senior Parliamentary Secretary for Health, such amendments to Singapore’s HIV disclosure laws would encourage high-risk individuals to get tested for HIV frequently and get the necessary treatment if they test positive.

By acquiring an undetectable viral load as soon as possible, individuals with HIV can better protect themselves and their sexual partners.

However, HIV-positive individuals with an undetectable viral load are still prohibited from donating blood in Singapore. Those who do so face fines of up to $50,000, a jail sentence of up to 10 years, or both.

Other Countries Besides Singapore Have Also Worked to Amend Their HIV Disclosure Laws

Even before WHO revised its guidelines pertaining to HIV, the U=U (undetectable = untransmittable) campaign has advocated for countries to revise their HIV Disclosure Laws.

As of 2020, 92 countries reported to UNAIDS that they criminalised HIV non-disclosure, exposure and transmission through either specific or general laws.

However, as the U=U campaign becomes increasingly backed by scientific research, countries such as Sweden, Australia and the United States have made revisions to laws related to HIV disclosure.

As early as 2015, Australia abolished all laws which criminalise individuals with HIV. As long as individuals have taken precautions to prevent HIV transmission, such as being on regular medical treatment, they are not required by law to disclose their HIV-positive status to sexual partners.

In 2020, Sweden’s Parliament voted to abolish the requirement for individuals on effective HIV treatment to disclose their HIV-positive status to their sexual partners.

As of 2021, Texas has repealed all HIV-specific laws within its state. Seven other states in the US have also modernised laws criminalising individuals with HIV.

At this moment, people living with HIV can lead a normal life as long as they take their medication, which is similar to other chronic diseases like diabetes or high-blood pressure.