Foreign Interference (Countermeasures) Act 2021/Part 3

Layout 2

PART 3
DIRECTIONS AGAINST HARMFUL FOREIGN ONLINE COMMUNICATIONS ACTIVITY

Division 1—Ministerial powers

Authorisation by Minister for direction to be given

20.—(1) The Minister may authorise the competent authority to give one or more Part 3 directions as specified by the Minister in the authorisation where, in the opinion of the Minister—

(a) there is undertaking of online communications activity, or online communications activity has been undertaken—

(i) wholly or partly in Singapore;

(ii) wholly or partly on a Singapore aircraft or Singapore vessel, whether the aircraft or vessel is in or outside Singapore at the time of the conduct; or

(iii) wholly outside Singapore;

(b) the online communications activity is or has been undertaken, or is suspected of being or having been undertaken, by or on behalf of a foreign principal;

(c) the online communications activity results in any information or material being published in Singapore; and

(d) it is in the public interest to authorise the giving of that or those Part 3 direction or directions, after having regard to the circumstances of the case.

(2) When authorised by the Minister under subsection (1), the competent authority must immediately give the Part 3 direction or directions specified in the authorisation.

(3) However, if any information or material was published in Singapore before the date of commencement of this section, subsection (1) does not apply to the information or material unless the information or material remains published in Singapore on or after that date.

Authorisation by Minister for anticipatory direction

21.—(1) The Minister may authorise the competent authority to give an anticipatory direction where the Minister—

(a) suspects or has reason to believe that a person is engaging in conduct—

(i) wholly or partly in Singapore;

(ii) wholly or partly on a Singapore aircraft or Singapore vessel, whether the aircraft or vessel is in or outside Singapore at the time of the conduct; or

(iii) wholly outside Singapore,

with the intention of preparing for, or planning to undertake, online communications activity by or on behalf of a foreign principal;

(b) has reason to believe that, as a result of that online communications activity, information or material is likely to be published in Singapore; and

(c) is of the opinion that it is in the public interest to authorise the giving of the anticipatory direction, after having regard to the circumstances of the case.

(2) When authorised by the Minister under subsection (1), the competent authority must immediately give the anticipatory direction specified in the authorisation.

(3) However, if any information or material was published in Singapore before the date of commencement of this section, subsection (1) does not apply to the information or material unless the information or material remains published in Singapore on or after that date.

(4) In this section, an anticipatory direction is any of the following:

(a) a technical assistance direction;

(b) an account restriction direction.

Self-initiated cancellation or variation of authorisation

22.—(1) The Minister may at any time, on his or her own initiative—

(a) cancel any authorisation made under section 20(1), 21(1) or 23(3)(b) or (c); or

(b) substitute any authorisation made under section 20(1), 21(1) or 23(3)(b) or (c) with another authorisation that the Minister might have made under section 20 or 21.

(2) Section 21(2) applies to a decision made under subsection (1)(b).

(3) Where the Minister makes a decision under subsection (1)(a), the competent authority must give written notice of the cancellation of the authorisation to every person who had been given a Part 3 direction pursuant to that cancelled authorisation.

Reconsideration by Minister of authorisation

23.—(1) Where any Part 3 direction is given by the competent authority pursuant to an authorisation under section 20(1), 21(1) or 22(1)(b), the person to whom the direction is given may apply to the Minister for reconsideration of the authorisation and any of the Part 3 directions specified in that authorisation.

(2) An application under subsection (1) by a person to whom a Part 3 direction is given must be made—

(a) in a prescribed manner; and

(b) before the expiry of the time specified in the Part 3 direction, being a time not later than the 30th day after the direction was given.

(3) Upon receiving an application under subsection (1) for reconsideration, the Minister may—

(a) wholly cancel the authorisation under section 20(1), 21(1) or 22(1)(b), and every Part 3 direction specified in the authorisation, if the Minister is of the opinion that it is not in the public interest that the authorisation and such direction continue;

(b) substitute the authorisation under section 20(1), 21(1) or 22(1)(b), which is the subject of the application (called the initial authorisation), with another authorisation that the Minister might have made under section 20 or 21; or

(c) affirm the initial authorisation and every Part 3 direction specified in the initial authorisation.

(4) Sections 20 and 21 apply in the making of a decision under subsection (3).

(5) When a substitute authorisation is made by the Minister under subsection (3)(b), the competent authority must immediately give the Part 3 direction or directions specified in the substitute authorisation in the same manner required under sections 20 and 21.

(6) When an initial authorisation is cancelled by the Minister under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute authorisation is made under subsection (3)(b), the Minister must give notice (as the case may be) of—

(a) the cancellation or affirmation (as the case may be) to every person given a Part 3 direction under the initial authorisation; or

(b) the making of a substitute authorisation to the person who applied for reconsideration of the initial authorisation.

Proscribed online location—declaration

24.—(1) The Minister may declare an online location with a Singapore link as a proscribed online location if a Part 3 direction (except a technical assistance direction or an app removal direction) is given in relation to any information or material included or otherwise on, or any service provided from, the online location.

(2) A declaration under this section ceases to have effect on a date specified, or worked out by a formula specified, in the declaration, which must not in any case be more than 2 years in total after the making of the declaration.

(3) Once a declaration is made and before the date it comes into effect, the competent authority must—

(a) publish a notice of the making of the declaration in a manner as will secure adequate publicity for the fact of making of the declaration—

(i) stating that a declaration has been made under this section; and

(ii) setting out the URL, domain name, or any other unique identifier of the online location, to which the declaration relates; and

(b) make reasonable efforts to give a copy of the declaration to the proprietor of the proscribed online location.

(4) However, failure to publish a notice under subsection (3) in respect of any declaration does not invalidate the declaration.

Self-initiated revocation or variation of declaration

25.—(1) The Minister may at any time, on his or her own initiative—

(a) revoke any declaration made under section 24(1); or

(b) substitute any declaration made under section 24(1) or 26(3)(b) or (c) with another declaration that the Minister might have made under section 24.

(2) Section 24(3) and (6) applies to a decision made under this section.

Reconsideration by Minister of declaration of proscribed online location

26.—(1) After an online location with a Singapore link is declared under section 24 or 25(1)(b) as a proscribed online location, any proprietor of that online location may apply to the Minister for a reconsideration of the declaration.

(2) An application under subsection (1) by a proprietor of an online location must be made—

(a) in a prescribed manner; and

(b) not later than the 30th day after the declaration takes effect.

(3) Upon receiving an application under subsection (1), the Minister may—

(a) wholly revoke the declaration under section 24 or 25(1)(b);

(b) substitute the declaration under section 24 or 25(1)(b) which is the subject of the application (called the initial declaration), with another declaration for a shorter period that the Minister might have made under section 24; or

(c) affirm the initial declaration.

(4) Section 24 applies in the making of a decision under subsection (3).

(5) When an initial declaration is revoked by the Minister under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute declaration is made under subsection (3)(b), the Minister must give notice (as the case may be) of—

(a) the revocation or affirmation (as the case may be) to every proprietor of the online location in question; or

(b) the making of a substitute declaration to the person who applied for reconsideration of the initial declaration.

(6) When a declaration is revoked by the Minister under subsection (3)(a), the competent authority must cause the giving of notice of the revocation—

(a) in the same manner in which the notice of the making of the declaration was first given; or

(b) in a manner as will secure adequate publicity or notice to the proprietor (or both) for the fact of the revocation.

(7) When an initial declaration is affirmed under subsection (3)(c), the competent authority must cause the giving of notice of the affirmation—

(a) in the same manner in which the notice of the making of the initial declaration was first given; or

(b) in a manner as will secure adequate publicity or notice to the proprietor (or both) for the fact of the affirmation.

(8) However, failure to publish a notice under subsection (6) or (7) in respect of any declaration does not invalidate the revocation of the declaration or the initial declaration affirmed.

Public notice of revocation of declaration

27.—(1) Where a declaration under section 24, 25(1)(b) or 26(3)(b) or (c) is revoked under this Act, the competent authority must give notice of the revocation—

(a) in the same manner in which the notice of the making of the declaration was first given; or

(b) in a manner as will secure adequate publicity or notice to the proprietor (or both) for the fact of the revocation.

(2) However, failure to publish a notice under subsection (1) in respect of any declaration does not invalidate the revocation of the declaration.

Authorisation regardless of offence

28. To avoid doubt, sections 20, 21, 22, 23, 24, 25 and 26 apply—

(a) whether or not an offence under section 17, 18, 19, 39 or 40 is committed;

(b) whether or not a person engages in the conduct in preparation for, or planning, a specific offence under section 17, 18, 19, 39 or 40; and

(c) whether or not a person engages in the conduct in preparation for, or planning, more than one such offence.

Division 2—Part 3 directions

Types of Part 3 directions

29. The Part 3 directions and the persons to whom they may be given are in the table below:

Item	Direction	Recipient may be
1.	Stop communication (end-user) direction	A particular person, or particular end-user of a social media service or relevant electronic service or an internet access service.
2.	Disabling direction	A provider of a social media service. A provider of a relevant electronic service.
3.	Class 1 must-carry direction	A particular person, or particular end-user to whom a stop communication (end-user) direction is given.
		Any other particular person, or particular end-user of a social media service or relevant electronic service or an internet access service.
4.	Class 2 must-carry direction	A provider of a social media service. A provider of a relevant electronic service.
5.	Class 3 must-carry direction	A provider of a relevant electronic service. A provider of a social media service. A provider of a relevant electronic service. A provider of a telecommunication service who holds a licence under section 5 of the Telecommunications Act 1999. A person who is authorised by a permit under section 21 of the Newspaper and Printing Presses Act 1974 to publish (for sale or otherwise) a newspaper in Singapore. A person who is authorised by a licence under section 8 of the Broadcasting Act 1994 to provide a licensable broadcasting service in or from Singapore. A provider of a prescribed service that is likely to bring the giving of a Class 3 must-carry direction to the attention of the public.
6.	Class 4 must-carry direction	A proprietor of a proscribed online location.
7.	Remedial must-carry direction	A person to whom a Class 2 must-carry direction or a Class 3 must-carry direction is given and who has failed to comply with the direction in a rectifiable way.
8.	Class 1 access blocking direction	A provider of an internet access service.
9.	Class 2 access blocking direction	A provider of an internet access service by means of which information or material on the proscribed online location continues to be published in Singapore. A provider of a social media service or a relevant electronic service by means of which one or more end-users in Singapore have used or are using the same to access information or material on the proscribed online location.
10.	Account restriction direction	A provider of a social media service. A provider of a relevant electronic service.
11.	Service restriction direction	A provider of a social media service. A provider of a relevant electronic service. A provider of an internet access service with a Singapore link.
12.	Technical assistance direction	A provider of a social media service. A provider of a relevant electronic service.
		A provider of an internet access service with a Singapore link. A provider of a hosting service. A provider of an app distribution service. A proprietor of an online location.
13.	App removal direction	A provider of an app distribution service.
14.	Disgorgement direction	A citizen of Singapore, whether or not resident in Singapore and whether or not a Part 4 politically significant person. An individual who is not a citizen of Singapore but is resident in Singapore. A partnership carrying on a business in Singapore and registered under the Business Names Registration Act 2014. A body corporate that is registered under the Companies Act 1967 or the Limited Liability Partnerships Act 2005. An association (whether incorporate or not) that is registered under the Co-operative Societies Act 1979, the Societies Act 1966 or the Trade Unions Act 1940.

Stop communication (end-user) direction—content

30. A stop communication (end-user) direction may require the particular person or particular end-user to whom it is given to do one or more of the following within the time specified in the direction:

(a) to take all reasonable steps to ensure the removal, from the social media service, relevant electronic service or internet access service (as the case may be) of covered information or material identified in the direction that—

(i) the person or end-user provided or posted on the social media service or relevant electronic service or using the internet access service; and

(ii) is published in Singapore;

(b) to stop undertaking online communications activity to further publish in Singapore the following:

(i) the covered information or material identified in the direction;

(ii) any information or material that is similar to the information or material in sub-paragraph (i).

Disabling direction—content

31. A disabling direction may require a person who is the provider of a social media service, or a relevant electronic service, by means of which covered information or material identified in the direction is or has been published in Singapore, to take all reasonable steps, in relation to all or any of the person’s relevant activities, to disable access by end-users in Singapore to all or any of the following:

(a) that covered information or material provided on or by that social media service or relevant electronic service;

(b) any other identical copies of that covered information or material provided on or by that social media service or relevant electronic service, where this requirement is expressed in the direction.

Must-carry directions—content

32.—(1) A must-carry direction may be a Class 1, Class 2, Class 3 or Class 4 must-carry direction, or a remedial must-carry direction.

(2) A must-carry direction may require a person to whom it is given to take all reasonable steps, to do all or any of the following within and during the time specified in the direction, to publish, post, display or include a mandatory message—

(a) about the covered information or material identified in the direction;

(b) in the manner prescribed by Regulations; and

(c) in a conspicuous manner as specified in the direction.

(3) In this section, “mandatory message” means a message or statement of the text set out, or effect described, in a must-carry direction.

(4) The covered information or material in a Class 1 must-carry direction is any of the following information or material which is identified in the direction:

(a) if the Class 1 must-carry direction is given to a particular person or end-user to whom a stop communication (end-user) direction is given—

(i) any covered information or material identified in the stop communication (end-user) direction; and

(ii) any information or material similar to the information or material mentioned in sub-paragraph (i), which is or has been posted or provided by the end-user on a social media service or relevant electronic service or using an internet access service;

(b) if the Class 1 must-carry direction is given to any other particular person—any information or material which is or has been posted or provided by the person on a social media service or relevant electronic service or using an internet access service.

(5) The covered information or material in a Class 2 must-carry direction is any of the following information or material which is identified in the direction:

(a) any information or material which is or has been posted or provided on a social media service or relevant electronic service or using an internet access service provided by the person given the Class 2 must-carry direction;

(b) an identical copy of any information or material mentioned in paragraph (a) which is or may be accessed by an end-user by means of a social media service or relevant electronic service or an internet access service provided by the person given the Class 2 must-carry direction.

(6) The covered information or material in—

(a) a Class 3 must-carry direction is information or material which is identified in the direction and any other information or material which is similar thereto; or

(b) a Class 4 must-carry direction is information or material about a proscribed online location.

(7) The covered information or material in a remedial must-carry direction is covered information or material identified in a Class 2 must-carry direction or Class 3 must-carry direction which has not been complied with, and any other information or material which is similar thereto.

(8) For the purposes of sections 17 and 18 of the Broadcasting Act 1994, every Class 3 must-carry direction given to a person who is authorised by a licence under section 8 of the Broadcasting Act 1994, to provide a licensable broadcasting service in or from Singapore—

(a) is deemed to be a programme provided by the Government through the Info-communications Media Development Authority and required by that Authority to be broadcast under the person’s licence; and

(b) must be broadcast without charge to or subsidy from the Info-communications Media Development Authority or the Government.

Access blocking direction—content and preconditions

33.—(1) An access blocking direction may be a Class 1 access blocking direction or a Class 2 access blocking direction.

(2) An access blocking direction may require a provider of an internet access service to whom the direction is given to take all reasonable steps, within or during the time specified in the direction, to disable access, using the internet access service, by every end-user in Singapore to the covered information or material in the direction and provided on or by a social media service or relevant electronic service or on a proscribed online location, as the case may be.

(3) A Class 1 access blocking direction may be given to a provider of an internet access service by means of which covered information or material continues to be published in Singapore, but only where all the following special preconditions are met:

(a) a person is given any Part 3 direction (except a technical assistance direction);

(b) the Part 3 direction in paragraph (a) is not cancelled;

(c) the covered information or material in that Part 3 direction in paragraph (a) continues to be published in Singapore after that non-compliance;

(d) one or more end-users in Singapore have used or are using the internet access service of that provider to access the covered information or material.

(4) A Class 2 access blocking direction must relate to a proscribed online location only and may be given to—

(a) a provider of an internet access service by means of which information or material on the proscribed online location continues to be published in Singapore; or

(b) a provider of a social media service or a relevant electronic service by means of which one or more end-users in Singapore have used or are using the same to access information or material on the proscribed online location,

but only where the Minister is of the opinion that all the following special preconditions are met:

(c) either—

(i) paid content included on the proscribed online location is published in Singapore after a prescribed period starting the date the declaration is made under section 24, 25 or 26 with respect to that online location; or

(ii) a Class 4 must-carry direction relating to the proscribed online location is not complied with;

(d) the declaration under section 24, 25 or 26 is not revoked;

(e) one or more end-users in Singapore have used or are using the social media service, relevant electronic service or internet access service (as the case may be) of that provider to access information or material on that proscribed online location.

Account restriction direction—content

34. An account restriction direction may require the provider of a social media service or relevant electronic service to take all reasonable steps, within the time specified in the direction, to terminate or suspend any functionality of the social media service or relevant electronic service (as the case may be) that—

(a) enables interactions of any description between end-users of the service, or sending direct messages to or speaking to other end-users of the service, or interacting with them in another way, either—

(i) generally in relation to end-users physically present in Singapore; or

(ii) in relation to any other particular end-user physically present in Singapore; and

(b) is provided to one or more particular accounts specified in the direction.

Service restriction direction—content

35.—(1) A service restriction direction may require a provider of a social media service or relevant electronic service or an internet access service to whom it is given to take all reasonable steps to do one or more of the following within the time specified in the direction, in relation to all or any of the provider’s relevant activities:

(a) to stop or delay delivery of or access to messages or information or material transmitted or accessible to end-users physically present in Singapore who use or may use the social media service, relevant electronic service or internet access service, as the case may be;

(b) to restrict access to messages or information or material transmitted or accessible to end-users physically present in Singapore who use or may use the social media service, relevant electronic service or internet access service, as the case may be;

(c) to alter any functionality of the social media service, relevant electronic service or internet access service (as the case may be) provided to end-users physically present in Singapore who use or may use the service;

(d) to suspend or curtail the supply or provision of the service.

(2) A service restriction direction may require the doing of any thing in subsection (1)(a), (b), (c) or (d) with respect to the provision of a social media service or relevant electronic service or an internet access service—

(a) to any area in Singapore; or

(b) to one or more groups of end-users who use or may use the service,

but cannot be expressed to apply to the supply or provision of the service to a particular person.

Technical assistance direction—content

36. A technical assistance direction may require a person to whom the direction is given to do one or more of the following within the time specified in the direction, in relation to all or any of the person’s relevant activities:

(a) to provide information about whether any account maintained by the person for a customer is that for a foreigner;

(b) to provide technical information or other information about the person’s relevant activity as specified in the direction;

(c) to take any other step directed towards ensuring that the person is capable of giving help to the competent authority which the competent authority requires in the public interest.

App removal direction—content and preconditions

37.—(1) An app removal direction may require a person to whom the direction is given to—

(a) stop enabling end-users of the app distribution service and physically present in Singapore to download, using that service, a particular app that is specified in the direction; and

(b) notify the competent authority that the person has stopped enabling such end-users to download that app.

(2) The special preconditions for an app removal direction are—

(a) either—

(i) a Part 3 direction (except a technical assistance direction or another app removal direction) has been given at least once relating to particular covered information or material of the same or similar kind; or

(ii) any type of Part 3 direction (except a technical assistance direction or another app removal direction) has been given relating to covered information or material of the same or similar kind;

(b) none of the Part 3 directions in paragraph (a) has been cancelled; and

(c) one or more end-users in Singapore are using or may use the app to access the covered information or material.

(3) This Part does not authorise the giving of any app removal direction to a provider of an app distribution service if no end-user of the service who is physically present in Singapore could download an app using that service.

Disgorgement direction—content

38.—(1) A disgorgement direction may require a person to whom the direction is given to do either of the following, within the time specified in the direction, with respect to covered information or material published in Singapore by or on behalf of that person by the undertaking of any online communications activity:

(a) to take all reasonable steps to send back, or pay an equivalent amount of, every defined property accepted by the person—

(i) to the foreign principal who supplied or transferred the property; or

(ii) to any other person appearing to be acting on behalf of the foreign principal in sub-paragraph (i);

(b) to take all reasonable steps to surrender to the competent authority the defined property mentioned in paragraph (a) or an equivalent amount of the value of the defined property.

(2) Any amount collected by the competent authority under subsection (1)(b) must be paid into the Consolidated Fund.

(3) In this section, a defined property supplied or transferred to a person includes any benefit, the whole or any part of which is made to or offered—

(a) by or on behalf of a foreign principal; and

(b) with a view to, or otherwise in connection with, the person undertaking any online communications activity to publish or enable the publishing in Singapore of any information or material.

(4) For the purposes of this section, any property is treated as accepted by a person to whom a disgorgement direction is given with respect to covered information or material published in Singapore by or on behalf of that person by the undertaking of any online communications activity if—

(a) any part of the property has been received by the person; and

(b) the whole or part of the property was used, or is intended to be used, by the person to meet any expenditure in connection with the person undertaking any online communications activity to publish or enable the publishing in Singapore of the information or material.

Division 3—Special provisions for proscribed online location

Operating proscribed online location

39.—(1) A person commits an offence if—

(a) the person is a proprietor of a proscribed online location, whether or not in the course of business; and

(b) the person invites, solicits or otherwise procures the giving of any benefit—

(i) for, or purportedly for, meeting any expenditure to operate the proscribed online location; or

(ii) in exchange, or purportedly in exchange, for services provided on or from the proscribed online location.

Illustrations

Offering advertising space on the proscribed online location for a price.
Receiving any consideration for the sale of advertising space on the proscribed online location.
Collecting subscriptions for access to any part of the online location.
Inviting donations to support the online location.

(2) Subsection (1) extends to a person who engages in any conduct described in that subsection outside Singapore.

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction—

(a) if the person is an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 4 years or to both; or

(b) in any other case, to a fine not exceeding $500,000.

(4) However, where a court convicts any person of an offence under subsection (1), the court must, in addition to imposing on that person the punishment in subsection (3), order the person to pay as a penalty, within the time specified by the court, a sum equal to the amount of any benefit received in the commission of the offence or the amount that in the court’s opinion is the value of that benefit; and any such penalty is recoverable as a fine.

(5) Where a person is charged with an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person did not know, and could not with reasonable diligence have ascertained, that the online location was a proscribed online location and had a Singapore link.

(6) For the purposes of subsection (5), a person could not, with reasonable diligence, have ascertained that an online location of which the person is proprietor has a Singapore link, if the person had—

(a) required every end-user accessing the online location to provide his or her personal particulars and those particulars suggested that the end-user was not physically present in Singapore;

(b) required end-users to enter into contracts that were subject to an express condition that the end-user was not to access the online location for any service if the end-user was physically present in Singapore;

(c) informed prospective end-users that Singapore law prohibits the provision of access, or any service on or from, the online location to end-users who are physically present in Singapore; and

(d) taken such other measures as far as reasonably practicable to ensure that the online location did not, or could not reasonably have, a Singapore link.

(7) However, it is not a defence to a charge for an offence under this section that the accused is subject to any duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with this section or restricts the person in such compliance.

(8) For the purposes of this Division, an online location has a Singapore link if any information or material included or otherwise on, or any service provided from the online location, is accessible by, or delivered to, one or more end-users physically present in Singapore.

Providing support to proscribed online location

40.—(1) A person commits an offence if—

(a) the person, whether in or outside Singapore, expends or applies any property knowing or having reason to believe that the expenditure or application supports, helps or promotes the publishing in Singapore of any information or material on an online location;

(b) the person knows or ought reasonably to know that the online location is a proscribed online location; and

(c) the person knows or has reason to believe that the information or material published in Singapore on that online location—

(i) is or is likely to be prejudicial to the security of Singapore or any part of Singapore;

(ii) is or is likely to be prejudicial to public health, public safety, public tranquillity or public finances;

(iii) is or is likely to be prejudicial to the friendly relations of Singapore with other countries;

(iv) incites or is likely to incite feelings of enmity, hatred or ill-will between different groups of people in Singapore which may endanger the public peace and public order of Singapore;

(v) diminishes or is likely to diminish public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government or a public authority, or a part of the Government or public authority; or

(vi) is or is likely to be directed towards a political end in Singapore.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction—

(a) if the person is an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b) in any other case, to a fine not exceeding $500,000.

(3) However, subsection (1) does not apply to a service provider or a digital advertising intermediary which gives any consideration for the purpose of communicating any paid content in Singapore on the declared online location.

(4) In this section, “property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property.

Advertising dealings concerning proscribed online location

41.—(1) A person commits an offence if—

(a) the person has an advertising dealing with a proprietor of an online location;

(b) the online location becomes a proscribed online location with a Singapore link; and

(c) the person does not take measures or enough measures to ensure that any information or material included or otherwise on, or any service provided from, the online location because of the advertising dealing, is—

(i) not accessible by, or not delivered to, one or more end-users physically present in Singapore after the online location becomes a proscribed online location; and

(ii) not promoted or published in Singapore.

(2) A person commits an offence if—

(a) the person has an advertising dealing with anyone—

(i) that facilitates the access by, or delivery to, one or more end-users physically present in Singapore; or

(ii) that promotes or gives publicity to, one or more end-users physically present in Singapore,

any information or material included or otherwise on, or any service provided from, an online location; and

(b) the online location is a proscribed online location with a Singapore link.

(3) Subsections (1) and (2) extend to a person who engages in any conduct described in that subsection outside Singapore.

(4) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction—

(a) if the person is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b) in any other case, to a fine not exceeding $500,000.

(5) Where a person is charged with an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person—

(a) did not know, and could not with reasonable diligence have ascertained, that the online location was a proscribed online location and had a Singapore link; and

(b) took the prescribed steps to ensure that any information or material included or otherwise on, or any service provided from, the online location because of the accused’s advertising dealing, is not accessible by, or not delivered to, one or more end-users physically present in Singapore after the online location becomes a proscribed online location.

(6) However, in any proceeding for an offence under subsection (1) or (2), it is not a defence for the accused to show that—

(a) the accused did the act in question at the direction of another person; or

(b) the information or material was accessible by, or delivered to, one or more end-users physically present in Singapore through an automated process without the accused choosing where the information or material or service is communicated or delivered, except as an automatic response to the request of a person.

(7) It is also not a defence to a charge for an offence under this section that the accused is subject to any duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with this section or restricts the person in such compliance.

(8) In this section, an advertising dealing means an arrangement under which a party to the arrangement agrees to publish, in the course of business, information or material in exchange for valuable consideration.

Division 4—Supplementary provisions on Part 3 directions

Content and effect of directions—general

42.—(1) A Part 3 direction may be given to the person or persons mentioned respectively for the direction individually or as a class.

(2) A Part 3 direction is binding on—

(a) the person to whom it is addressed; and

(b) if applicable, the personal representatives, successors, and assignees of the person to whom it is addressed to the same extent as it applies to that person.

(3) In authorising or giving a Part 3 direction, it is not necessary for the Minister or a competent authority to give any person who may be affected by the direction a chance to be heard before the direction is authorised to be given or given.

(4) A Part 3 direction must—

(a) where it relates to information or material, so far as is reasonably practicable, identify the information or material in a way that is sufficient to enable the person given the direction to comply with the direction;

(b) state whether the person to whom it is given must do all or any of the following, whichever being applicable:

(i) advise the competent authority within a time specified in the direction of the details of the manner in which the person proposes to comply with the direction;

(ii) keep information about the matters that are the subject of the direction for a time specified in the direction;

(iii) regularly notify within the times specified in the direction the competent authority about the steps being taken towards compliance with the direction;

(iv) give written notice to the competent authority when the person has complied with the direction; and

(c) state that it is an offence under this Act to fail to comply with the direction.

(5) A Part 3 direction continues in force until the earlier of the following occurs:

(a) the expiry date (if any) stated in the direction is reached;

(b) the Minister cancels the authorisation containing the direction under section 22(1)(a) or 23(3)(a) or the direction under subsection (6);

(c) the direction is cancelled on appeal under Part 8.

(6) If satisfied that a Part 3 direction has been complied with—

(a) the Minister must cancel the Part 3 direction; and

(b) the competent authority must give written notice of the cancellation—

(i) in the same manner in which the Part 3 direction was first given; or

(ii) if sub-paragraph (i) is not practicable, in a manner as will secure adequate notice to the person given the direction (or both) for the fact of the cancellation.

(7) Subsection (6) does not prevent a further Part 3 direction being authorised to be given in the same terms as a Part 3 direction that has expired.

Service of Part 3 directions

43.—(1) A Part 3 direction that is addressed to a person is sufficiently served if it is—

(a) delivered personally to the person by a competent authority; or

(b) served in the manner prescribed in section 121 or in any other appropriate manner.

(2) A Part 3 direction that is addressed to a class of persons is sufficiently served if it is—

(a) served on each of the persons in the class in accordance with subsection (1); or

(b) published both—

(i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the competent authority, will be most likely to bring the direction to the attention of the persons who belong to the class; and

(ii) on the competent authority’s official website.

(3) A Part 3 direction that is addressed to a public authority is sufficiently served if it is served on the chief executive (however described) of the public authority in accordance with subsection (1).

(4) A Part 3 direction that is served—

(a) in accordance with subsection (1) takes effect when it is served;

(b) in accordance with subsection (2)(a) takes effect when it is served on all the persons in the class in question; and

(c) in accordance with subsection (2)(b) takes effect at the beginning of the day after the date on which subsection (2)(b) has been complied with.

Publicity regarding non-compliance with directions

44.—(1) If the Minister is satisfied that a provider of a social media service, a relevant electronic service or an internet access service does not comply with a Part 3 direction, the Minister may direct a competent authority—

(a) to prepare a statement to that effect; and

(b) to publish the statement on the official website of the competent authority.

(2) If—

(a) a competent authority has prepared a statement under subsection (1) in relation to a provider of a social media service, a relevant electronic service or an internet access service;

(b) the statement has been published on the official website of the competent authority; and

(c) the Minister is satisfied that the provider of that service complies with that Part 3 direction,

the competent authority must remove the statement from that official website.

(3) Statements published under this section are protected by absolute privilege.

Offence of non-compliance with directions

45.—(1) A person commits an offence if the person—

(a) is given a Part 3 direction; and

(b) without reasonable excuse, fails to comply with the direction whether in or outside Singapore.

(2) A person who is guilty of an offence under subsection (1) involving a stop communication (end-user) direction, a Class 1 must-carry direction, a disgorgement direction, or a technical assistance direction given to a proprietor of an online location, shall be liable on conviction—

(a) if the person is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or

(b) in any other case, to a fine not exceeding $500,000.

(3) A person who is guilty of an offence under subsection (1) involving a Class 2 or Class 3 must-carry direction, a disabling direction, or a service restriction direction, or a technical assistance direction given to a person (except a proprietor of an online location), shall be liable on conviction—

(a) if the person is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction; or

(b) in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

(4) A person who is guilty of an offence under subsection (1) involving a Class 4 must-carry direction shall be liable on conviction—

(a) if the person is an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 4 years or to both; and

(b) in any other case, to a fine not exceeding $500,000.

(5) A person who is guilty of an offence under subsection (1) involving an access blocking direction or app removal direction shall be liable on conviction to a fine not exceeding $20,000 for every day or part of a day the person, without reasonable excuse, fails to comply with the direction but not exceeding in total $500,000.

(6) It is not a defence to a charge under subsection (1) that—

(a) the person is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with any part of a direction under this Part or restricts the person in such compliance; or

(b) the person has made an application under section 23 or 26, or an appeal under section 92, regarding the authorisation in which the giving of the direction is specified.

(7) Without limiting the meaning of “reasonable excuse”, it is a defence to a charge under subsection (3) involving any Part 3 direction given to an accused that is one of the following:

(a) a provider of a social media service;

(b) a provider of a relevant electronic service;

(c) a provider of an internet access service with a Singapore link;

(d) a provider of a hosting service;

(e) a proprietor of an online location;

(f) a provider of an app distribution service,

if the accused proves, on a balance of probabilities, that—

(g) it was not reasonably practicable to do more than what was in fact done to comply with the Part 3 direction; or

(h) there was no better practicable means than was in fact used to comply with the Part 3 direction.

Non-disclosure of technical assistance directions

46.—(1) A person commits an offence if—

(a) the person discloses information without the prior approval of the competent authority;

(b) the person is or was—

(i) a person to whom a technical assistance direction under this Part is given; or

(ii) an employee or a contractor of a person to whom a technical assistance direction under this Part is given; and

(c) the information is—

(i) information contained in, derived or obtained in accordance with the technical assistance direction; or

(ii) information about acts done or omissions taking place in accordance with the direction.

(2) A person who is guilty of an offence under subsection (1) involving a technical assistance direction shall be liable on conviction—

(a) where the person is a proprietor of an online location—

(i) if an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or

(ii) in any other case, to a fine not exceeding $500,000; or

(b) in any other case—

(i) if an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii) in any other case, to a fine not exceeding $1 million.