Article 2.4.4 Nuisance

(a) Private Nuisance:

Private nuisance arises where there is a substantial and unreasonable interference with the claimant’s use or enjoyment of land. A claimant may be a natural person or a legal entity possessing lawful rights of occupation, use, or enjoyment of land. Whether an interference is substantial or unreasonable shall be assessed objectively, having regard to:

(i) The nature, duration, and frequency of the interference;

(ii) The sensitivity of the claimant and the character of the locality, including any zoning designation or use classification under this ICT Code or subsequent land use regulations of the Operator;

(iii) Whether the conduct serves any useful or legitimate purpose;

(iv) Whether reasonable steps were taken to prevent or mitigate the harm;

(v) Whether the activity was temporary, time-limited, or lawfully authorised under a permit or exemption issued in accordance with this ICT Code;

(vi) Whether the nuisance arises from cumulative or repeated conduct; and

(vii) Whether the interference involves intangible intrusions such as noise, vibration, odour, light, electromagnetic effects, or digital/environmental disruptions, including those originating from autonomous systems, remote devices, or cross-border digital infrastructure.

(b) Public Nuisance:

Public nuisance involves an unreasonable interference with a right common to the general public within the ICT. Such rights may include public health, safety, comfort, convenience, or access to shared infrastructure, spaces, or digital systems. A claimant may bring an action for public nuisance only where they have suffered special damage that is distinct and materially greater than any harm experienced by the general public. Public nuisance may include:

(i) Obstruction of public rights of way or public infrastructure;

(ii) Hazardous or offensive activities affecting large groups of persons;

(iii) Environmental harm or degradation of public amenities;

(iv) Substantial environmental degradation affecting communal land or natural assets, including biodiversity, habitat integrity, or ecological balance; or

(v) Digital or technological interference with smart infrastructure, environmental sensors, or public data systems.

(c) Remedies for Nuisance:

The ICT Court may grant remedies to address private or public nuisance, including:

(i) Abatement orders requiring cessation or modification of the offending activity;

(ii) Injunctive relief to prevent future harm or interference;

(iii) Compensatory damages for harm suffered; and/or

(iv) Declarations or compliance orders requiring specific mitigation steps.

(d) Balancing of Interests:

In determining liability for nuisance and the appropriate remedy, the ICT Court may consider:

(i) The balance between the claimant’s right to enjoyment and the respondent’s freedom of use;

(ii) Whether the nuisance arises from ordinary or socially beneficial conduct;

(iii) Whether granting relief would impose disproportionate burdens relative to the harm caused;

(iv) Whether the interference arises from conduct expressly permitted by this ICT Code or any lawful ICT-issued permit;

(v) Whether the respondent implemented reasonable mitigation measures; and

(e) Nuisance and Innovation Zones:

Where conduct occurs within a designated innovation zone or Operator/ICT-authorised experimental environment or regulatory sandbox, liability for nuisance may be modified by further supplemental regulation or guidance note from the Operator or applicable ICT Court determinations. The Operator may enable sandbox or regulatory innovation environments that temporarily limit nuisance liability, provided such environments:

(i) Are clearly designated and time-limited;

(ii) Do not materially interfere with the commercial rights of non-participating ICT residents;

(iii) Remain consistent with principles of public safety, environmental protection, minimal interference, and protection of fundamental property rights; and

(iv) Are subject to public notice, transparency, and proportionality safeguards.

(f) Operator Enforcement:

The Operator or a body designated by it may bring proceedings to abate or prevent a public nuisance in the ICT public interest, irrespective of individual claims. Persistent or aggravated public nuisance may give rise to regulatory enforcement or sanctions under other applicable provisions of this ICT Code.

(g) Operator Liability for Nuisance:

(i) The Operator or a body designated by it shall not be liable for nuisance except where:

(ii) The act or omission constitutes a clear and unreasonable departure from the provisions of this ICT Code or a binding ICT Court order or ADR tribunal decision; and

(iii) The resulting interference causes substantial, foreseeable, and demonstrable harm that is not incidental to, or reasonably expected from, the exercise of any function, infrastructure delivery, or regulatory activity authorised under this ICT Code.

(iv) For the avoidance of doubt:

(v) The Operator shall not be liable for nuisance arising from good faith implementation of infrastructure, digital systems, environmental technologies, experimental environments, or innovation zones that the Operator is authorised to undertake pursuant to the ICT Establishment Law, the IC Contractual Arrangements or this ICT Code.

(vi) Liability shall not arise merely because of harm caused by general policy decisions, broad infrastructure operations, or actions reasonably believed to be in the ICT public interest.

(vii) The ICT Court in any such claim shall have regard to the Operator’s status as a private legal person performing special governance functions within a delegated legal framework and the practical and systemic effects of imposing liability in such circumstances.

(viii) Nothing in this provision prevents the ICT Court from granting declaratory or injunctive relief (without damages) where necessary to prevent continuing harm that is clearly unlawful under the ICT Code and not justified by any applicable authorisation or exemption.

(h) Nuisance and Pollution Principles:

(i) No resident or entity shall cause unreasonable noise, odour, smoke, dust, or pollution that materially interferes with neighbouring use and enjoyment.

(ii) The ICT Court may issue abatement orders, impose fines, or award compensation based on the severity and duration of the nuisance.

(iii) The Operator may adopt supplemental environmental integrity guidelines consistent with these standards, including permissible noise thresholds and emissions caps.