PART 3 Division 1 — Actions and orders relating to
contraventions of Part 2 |
[17/2019] | Action for statutory tort |
| 11.—(1) The victim under section 3, 4, 5 or 7 may bring civil proceedings in a court against any individual or entity alleged to have contravened that section in relation to the victim (called in this section the respondent). [17/2019] | (2) In such proceedings, if the court is satisfied on the balance of probabilities that the respondent has contravened that section as alleged by the victim, the court may award such damages in respect of the contravention as the court may, having regard to all the circumstances of the case, think just and equitable. |
|
| 12.—(1) Subject to subsection (9), the victim of an alleged contravention of section 3, 4, 5, 6 or 7 may make an application to a court for a protection order. [17/2019] (2) A court may, if it is just and equitable in the circumstances to do so, make a protection order against any individual or entity alleged to have contravened section 3, 4, 5, 6 or 7 in respect of the victim (called in this section the respondent) if it is satisfied on the balance of probabilities that —| (a) | the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim; and | | (b) | the respondent is likely to continue that contravention or to commit another contravention of section 3, 4, 5, 6 or 7 in respect of the victim. [17/2019] |
|
(2A) For the purposes of subsection (2)(a), a court is deemed to be satisfied on the balance of probabilities that the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim if —| (a) | the respondent has been convicted of that offence, or any offence specified in the Schedule, in respect of the victim; or | | (b) | the court is satisfied on the balance of probabilities that the respondent has voluntarily caused hurt (within the meaning given by section 321 of the Penal Code 1871) to the victim. [17/2019] |
|
(2B) A protection order under subsection (2) may provide for all or any of the following:| (a) | prohibit the respondent from doing any thing in relation to the victim or any related person of the victim, as may be specified in the order; | | (b) | if the likely contravention or likely continuing contravention of section 3, 4, 5, 6 or 7 mentioned in subsection (2)(b) involves an offending communication, require the respondent to stop publishing (before a specified time) the offending communication or to not publish any communication that is substantially similar to the offending communication; | | (c) | refer the respondent, the victim or a related person of the victim (or 2 or more of them) to attend counselling or mediation provided by such body as the court may direct. [17/2019] |
|
| (2C) To avoid doubt, a protection order may, under subsection (2B)(a), grant the right of exclusive occupation to the victim of the shared residence or a specified part of the shared residence by excluding the respondent from that shared residence or a specified part of the shared residence, whether or not the shared residence is solely owned or leased by the respondent or jointly owned or leased by the respondent and the victim. [17/2019] |
| (2D) Except so far as the exercise by the respondent of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (2C), the order does not affect any title or interest that the respondent or any other person might have in the residence. [17/2019] |
(2E) In addition, where a court is satisfied on the balance of probabilities that —| (a) | the respondent’s contravention involves an offending communication; and | | (b) | any other individual or entity (called in this section a third party) is likely to publish, or continue to publish, the offending communication or any communication that is substantially similar to the offending communication, |
| the court may, if it is just and equitable in the circumstances to do so, make a protection order requiring any third party to stop publishing, by a specified time, or to not publish the offending communication or any communication that is substantially similar to the offending communication. |
[17/2019] |
(2F) Where a court is satisfied on the balance of probabilities that —| (a) | the respondent’s contravention involves an offending communication; and | | (b) | the respondent or a third party has published, or is likely to publish or continue to publish, the offending communication by means of an internet intermediary service provided by an internet intermediary, |
| the court may also, if it is just and equitable in the circumstances to do so, make a protection order requiring the internet intermediary to disable access by end‑users of the service in Singapore, within a specified time, to — |
| (c) | the offending communication; or | | (d) | in the case of a prescribed internet intermediary —| (i) | the offending communication; or | | (ii) | any identical copy of the offending communication. [17/2019] |
|
|
| (3) A protection order under subsection (2), (2E) or (2F) may also include any requirement necessary for or incidental to the proper carrying into effect of the order. [17/2019] |
| (4) A protection order may be made subject to such exceptions or conditions as may be specified in the order. |
(5) An order under this section takes effect in respect of a relevant party —| (a) | when the order is served on the relevant party in such manner as may be prescribed; | | (b) | where the court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by the court; or | | (c) | at such later time as the court may specify. [17/2019] |
|
| (6) Subject to subsection (7), a protection order ceases to have effect after such period as the court may specify in the order. [17/2019] |
| (7) The court may, on the application of the victim or a relevant party, vary, suspend or cancel the protection order or extend the duration of the protection order. [17/2019] |
| (8) [Deleted by Act 17 of 2019] |
| (9) For the purposes of this section and section 13, the victim of any contravention of section 3 includes only the person to whom the respondent intended to cause harassment, alarm or distress, and not any other person harassed, alarmed or distressed by that contravention. |
(10) In this section and section 13, “third party” excludes any individual or entity that is likely to publish, or continue to publish, a communication mentioned in subsection (2E) merely by the provision of —| (a) | an internet intermediary service; | | (b) | a telecommunication service; | | (c) | a service of giving the public access to the internet; or | | (d) | a computing resource service. | | Following from Illustration (b) under section 4, Y’s mother may apply for a protection order prohibiting X from gathering with others outside her home and from threatening Y at any location. |
|
|
[17/2019] |
|
|
| Expedited protection order |
13.—(1) Where, upon an application for a protection order under section 12(2), the court is satisfied that —| (a) | there is prima facie evidence that —| (i) | the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim; | | (ii) | the contravention referred to in sub‑paragraph (i) is likely to continue, or the respondent is likely to commit a contravention of section 3, 4, 5, 6 or 7 in respect of the victim imminently; and | | (iii) | the contravention referred to in sub‑paragraph (ii), if continued or committed, is likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and |
| | (b) | it is just and equitable in all the circumstances for the protection order to be made on an expedited basis, |
| the court may, subject to section 21(1), make an expedited protection order providing any thing that may be provided in an order under section 12(2). |
[17/2019] (1A) For the purposes of subsection (1)(a)(i), the court is deemed to be satisfied that there is prima facie evidence that the respondent has contravened section 3, 4, 5, 6 or 7 in respect of a victim if —| (a) | the respondent has been convicted of an offence under section 3, 4, 5, 6 or 7, or an offence specified in the Schedule, in respect of the victim; or | | (b) | the court is satisfied that there is prima facie evidence that the respondent has voluntarily caused hurt (within the meaning given by section 321 of the Penal Code 1871) to the victim. [17/2019] |
|
(1B) A court may, on an application for a protection order under section 12(2E), make an expedited protection order against a third party providing any thing that may be provided in a protection order under section 12(2E), if the court is satisfied that —| (a) | there is prima facie evidence that —| (i) | the respondent’s alleged contravention involves an offending communication; and | | (ii) | the publication of the offending communication or any communication that is substantially similar to the offending communication by any third party mentioned in that subsection is —| (A) | imminent or likely to continue; and | | (B) | likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and |
|
| | (b) | it is just and equitable in the circumstances to make the protection order on an expedited basis. [17/2019] |
|
(1C) A court may, on an application for a protection order under section 12(2F), make an expedited protection order against an internet intermediary providing any thing that may be provided in a protection order under section 12(2F), if the court is satisfied that —| (a) | there is prima facie evidence that —| (i) | the respondent’s alleged contravention involves an offending communication; and | | (ii) | the publication of the offending communication by the respondent or the third party mentioned in section 12(2F) is —| (A) | imminent or is likely to continue; and | | (B) | likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and |
|
| | (b) | it is just and equitable in the circumstances to make the protection order on an expedited basis. [17/2019] |
|
| (2) Subsections (1), (1B) and (1C) apply even if the notice of the application has not been served on the relevant party or has not been served on the relevant party within a reasonable time before the hearing of the application. [17/2019] |
(2A) An expedited protection order takes effect in respect of the relevant party —| (a) | when the order is served on the relevant party in such manner as may be prescribed; | | (b) | where the court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by the court; or | | (c) | at such later time as the court may specify. [17/2019] |
|
(3) An expedited protection order ceases to have effect at the earlier of the following times:| (a) | when the application for a protection order mentioned in subsection (1) is determined or discontinued; | | (b) | when the expedited protection order is suspended or cancelled. [17/2019] |
|
(3A) A court may vary, suspend or cancel the expedited protection order or extend the duration of the expedited protection order, on the application of —| (a) | the victim; | | (b) | the relevant party; or | | (c) | if the order requires an internet intermediary to disable access to a third party’s communication, that third party. [17/2019] |
|
| (3B) The respondent must not make an application under subsection (3A) (to vary, suspend or cancel an expedited protection order) more than 28 days after the date the expedited protection order takes effect under subsection (2A), unless the court grants the respondent permission to do so. [17/2019] [Act 25 of 2021 wef 01/04/2022] |
| (4) Section 12(4) applies, with the necessary modifications, to an expedited protection order. [17/2019] |
| (5) There is no appeal against a decision of the court made under this section. [Act 31 of 2022 wef 01/11/2022] |
|
| Referral for investigation by police when expedited protection order made |
13A.—(1) When a court makes, on or after 1 June 2021, an expedited protection order under section 13 against the respondent, the court must —| (a) | consider if a criminal investigation into whether the respondent has committed an offence under section 3, 4, 5, 6 or 7 is warranted; and | | (b) | if it is satisfied that such a criminal investigation is warranted, refer the matter to a police officer for investigation. [17/2019] |
(2) Where a court refers a matter for investigation under subsection (1), the court may stay any Part 3 proceedings (except civil proceedings under section 13) that involve the same victim and the same respondent, until —| (a) | the end of that investigation; or | | (b) | if criminal proceedings are instituted as a result of that investigation, the end of those criminal proceedings. [17/2019] |
|
(3) This section and any decision of the court under this section does not affect any ability of the court to do the following at any stage of proceedings:| (a) | consider if a criminal investigation into whether the respondent has committed an offence under section 3, 4, 5, 6 or 7 is warranted; | | (b) | refer any matter to a police officer for investigation. [17/2019] |
|
| (4) Without affecting the court’s discretion to consider any other factors, the Minister may, by order in the Gazette, prescribe factors that a court must take into account in considering, under subsection (1)(a) if a criminal investigation is warranted. [17/2019] |
| (5) There is no appeal against the decision of a court under this section. [17/2019] |
|
| Mandatory treatment order where protection order made |
| 13B.—(1) Where a court makes a protection order under section 12(2), the court may, on the application of the victim or on its own initiative, make a mandatory treatment order requiring the respondent to undergo psychiatric treatment for a period not exceeding 36 months. [17/2019] | (2) A mandatory treatment order may also require the respondent to reside in a psychiatric institution during the whole or a specified part of the period that the respondent is required to undergo psychiatric treatment. [17/2019] |
(3) Before making a mandatory treatment order against a respondent, the court must —| (a) | have reasonable grounds to believe that —| (i) | the respondent is likely to be suffering from a psychiatric condition; and | | (ii) | that psychiatric condition is likely to be a contributing factor for the respondent’s contravention that formed the basis for making the protection order against the respondent; and |
| | (b) | call for a formal assessment report in respect of the respondent by an appointed psychiatrist. [17/2019] |
|
(4) In making a determination under subsection (3)(a), the court —| (a) | may call for a preliminary assessment report by a specified psychiatrist; and | | (b) | must consider any matter prescribed by regulations made under section 20. [17/2019] |
|
| (5) There is no appeal against any decision of the court under this section to call for or not to call for a preliminary assessment report. [17/2019] |
| (6) For the purpose of obtaining a preliminary assessment report from a specified psychiatrist in respect of a respondent, the court may order the respondent to attend before the specified psychiatrist at such times and places as the specified psychiatrist may require. [17/2019] |
(7) For the purpose of obtaining a formal assessment report from an appointed psychiatrist in respect of a respondent, the court may order the respondent to —| (a) | reside in a psychiatric institution for observation for one or more periods (each not exceeding 3 weeks) as the court thinks fit; or | | (b) | attend before the appointed psychiatrist at a psychiatric institution at such times as the appointed psychiatrist may require. [17/2019] |
|
(8) A court must not make a mandatory treatment order in respect of a respondent unless the formal assessment report in respect of the respondent certifies that —| (a) | the respondent is suffering from a psychiatric condition that is susceptible to treatment; | | (b) | the respondent is suitable for the treatment; and | | (c) | the psychiatric condition is a contributing factor for the respondent’s contravention that formed the basis for making the protection order against the respondent. [17/2019] |
|
| (9) A court must not make a mandatory treatment order in respect of a respondent if the formal assessment report in respect of the respondent certifies that the appointed psychiatrist is not satisfied as to any of the matters mentioned in subsection (8)(a), (b) or (c). [17/2019] |
(10) In assessing whether a respondent is a person suitable for treatment for the respondent’s psychiatric condition, the appointed psychiatrist may take into account the following factors:| (a) | whether the respondent is likely to attend the treatment sessions at such time and place as the appointed psychiatrist may require; | | (b) | the physical and mental state of the respondent; | | (c) | the respondent’s financial standing and ability to pay all or any part of the costs of the treatment that it is reasonable for the respondent to pay. [17/2019] |
|
(11) Where a court calls for a formal assessment report in respect of a respondent, the respondent may submit any report by another psychiatrist, engaged by the respondent, to the appointed psychiatrist not later than —| (a) | the end of a period of 3 weeks after the date the court calls for the formal assessment report; or | | (b) | such later time as the court may allow. [17/2019] |
|
| (12) Before making a formal assessment report, the appointed psychiatrist must take into consideration any report submitted by the respondent under subsection (11). [17/2019] |
| (13) Any report by the appointed psychiatrist is to be taken to be final and conclusive as to the matters mentioned in subsection (8)(a), (b) and (c). [17/2019] |
| (14) The court must extend to the respondent or the respondent’s advocate a copy of every preliminary assessment report and formal assessment report made in respect of the respondent. [17/2019] |
| (15) A court may include the requirement in subsection (2) in a mandatory treatment order only on the recommendation of the appointed psychiatrist. [17/2019] |
| (16) A court may impose such conditions as the court thinks fit when making a mandatory treatment order. [17/2019] |
(17) Before making a mandatory treatment order, the court must explain to the respondent in ordinary language —| (a) | the purpose and effect of the order, and in particular the obligations of the respondent as specified in subsection (21); | | (b) | the consequences which may follow if the respondent fails to comply with any of those obligations, or any conditions of the order; and | | (c) | that the court has the power, under subsection (18), to vary or revoke the order on the application of the appointed psychiatrist. [17/2019] |
|
(18) The court may, on the application of the appointed psychiatrist and whether or not the respondent has failed to comply with subsection (21) —| (a) | vary a mandatory treatment order (including reducing or extending the period that the respondent has to undergo psychiatric treatment) or the conditions of the order in such manner as the court thinks just and expedient in the circumstances; or | | (b) | after taking into account the extent to which the respondent has complied with the order, revoke the order. [17/2019] |
|
(19) The court may vary or revoke a mandatory treatment order under subsection (18) if such variation or revocation is justified in view of —| (a) | any change of the circumstances after the order was made; or | | (b) | the progress the respondent has made in the treatment. [17/2019] |
|
| (20) Where, under subsection (18)(a), a court extends the period that the respondent has to undergo psychiatric treatment under a mandatory treatment order, the period of psychiatric treatment must not exceed 36 months from the date the order is first in force. [17/2019] |
(21) A respondent in respect of whom a mandatory treatment order is in force must —| (a) | attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require; | | (b) | comply with all other conditions in connection with the respondent’s treatment as the appointed psychiatrist may require; and | | (c) | comply with all other conditions or requirements of the order. [17/2019] |
|
| (22) The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order. [17/2019] |
| (23) To avoid doubt, failure to comply with subsection (21) or disobedience with or breach of an order under subsection (6) or (7), if intentional, is a contempt of court. [17/2019] |
(24) In this section —| “appointed psychiatrist” means a psychiatrist appointed by the Director‑General of Health for the purposes of this section; [Act 11 of 2023 wef 01/05/2023] |
| “specified psychiatrist” means a psychiatrist specified by the court calling for a preliminary assessment report under subsection (4)(a). [17/2019] |
|
| (25) To avoid doubt, this section does not apply to any criminal proceedings or affect the application of section 339 of the Criminal Procedure Code 2010 in criminal proceedings. [17/2019] |
|
| No civil action for common law tort of harassment |
14.—(1) The common law tort of harassment is, to avoid doubt, declared to be abolished and no civil proceedings may be brought for the tort of harassment except under this Act.| (2) Nothing in subsection (1) prevents the commencement of proceedings for any act or conduct which occurred before 15 November 2014. |
|
Division 2 — Orders relating to
false statements |
| General provisions applicable to orders under sections 15A to 15E |
15.—(1) This section applies to the following orders:| (a) | a stop publication order; | | (b) | a correction order; | | (c) | a disabling order; | | (d) | a targeted correction order; | | (e) | a general correction order. [17/2019] |
(2) An order mentioned in subsection (1) takes effect in respect of a relevant party —| (a) | when the order is served on the relevant party in such manner as may be prescribed; | | (b) | where a court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by a court; or | | (c) | at such later time as a court may specify. [17/2019] |
|
| (3) An order mentioned in subsection (1) may be made in respect of a false statement of fact even if the false statement has been amended or has ceased to be published. [17/2019] |
(4) An order mentioned in subsection (1) may —| (a) | be made against a relevant party whether or not the relevant party is in or outside Singapore, is incorporated or established in or outside Singapore, or has its management or control in or outside Singapore; and | | (b) | require a relevant party to do or refrain from doing an act in or outside Singapore. [17/2019] |
|
(5) A court may vary, suspend or cancel an order mentioned in subsection (1), on the application of —| (a) | the subject or the author of the false statement; | | (b) | the relevant party; or | | (c) | an individual or entity that published the relevant statement to which the order relates. [17/2019] |
|
(6) An order mentioned in subsection (1) ceases to have effect —| (a) | during any period when the order is suspended under subsection (5); and | | (b) | when the order expires, or is cancelled under subsection (5). [17/2019] |
|
|
15A.—(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a stop publication order against any individual or entity (called in this section the respondent), if —| (a) | the court is satisfied on the balance of probabilities that —| (i) | the respondent has published the relevant statement; and | | (ii) | the relevant statement is a false statement of fact; and |
| | (b) | it is just and equitable in the circumstances to make the stop publication order. [17/2019] |
| (2) A stop publication order may be made against a respondent even if the respondent does not know or have reason to believe that the relevant statement is false. [17/2019] |
| (3) A stop publication order may require the respondent or any other individual or entity to stop publishing the relevant statement, and not to publish any substantially similar statement, by a specified time. [17/2019] |
(4) In this section —| (a) | “specified” means specified in the stop publication order; and | | (b) | the respondent or any other individual or entity does not publish a statement merely by doing any act for the purpose of, or that is incidental to, the provision of — | (i) | an internet intermediary service; | | (ii) | a telecommunication service; | | (iii) | a service of giving the public access to the internet; or | | (iv) | a computing resource service. [17/2019] |
|
|
|
15B.—(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section a relevant statement), make a correction order against an individual or entity (called in this section the respondent), if —| (a) | the court is satisfied on the balance of probabilities that —| (i) | the respondent has published the relevant statement; and | | (ii) | the relevant statement is a false statement of fact; and |
| | (b) | it is just and equitable in the circumstances to make the correction order. [17/2019] |
| (2) A correction order may be made against a respondent even if the respondent does not know or have reason to believe that the relevant statement is false. [17/2019] |
(3) A correction order may require the respondent to publish in Singapore a correction notice, within a specified time —| (a) | to any specified person or description of persons; and | | (b) | in a specified form and manner, which may include publication —| (i) | at a specified online location or in a specified newspaper or other printed publication of Singapore; or | | (ii) | in specified proximity to every copy of the relevant statement, or of any substantially similar statement, that is published by the respondent. [17/2019] |
|
|
(4) A correction notice must contain all or any of the following as may be specified in the correction order:| (a) | a statement, in such terms as may be specified, that the court has determined the relevant statement is false, or that such material as may be specified contains a false statement of fact; | | (b) | a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where such a statement may be found. [17/2019] |
|
(5) In this section —| (a) | “specified” means specified in the correction order; and | | (b) | the respondent does not publish a statement merely by doing any act for the purpose of, or that is incidental to, the provision of —| (i) | an internet intermediary service; | | (ii) | a telecommunication service; | | (iii) | a service of giving the public access to the internet; or | | (iv) | a computing resource service. [17/2019] |
|
|
|
15C.—(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a disabling order against an internet intermediary (called in this section the respondent) if —| (a) | the court is satisfied on the balance of probabilities that —| (i) | any material consisting of or containing the relevant statement has been or is being published by means of an internet intermediary service provided by the respondent; and | | (ii) | the relevant statement is a false statement of fact; and |
| | (b) | it is just and equitable in the circumstances to make the disabling order. [17/2019] |
(2) A disabling order may require the respondent to disable access by end‑users of the internet intermediary service provided by the respondent in Singapore, within a specified time, to —| (a) | any specified material provided on or through the service that consists of or contains the relevant statement; and | | (b) | where the respondent is a prescribed internet intermediary — the specified material mentioned in paragraph (a) or any identical copies of the specified material. [17/2019] |
|
| (3) An end-user who accesses a part of any material is taken to access the material. [17/2019] |
|
| Targeted correction order |
15D.—(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a targeted correction order against an internet intermediary (called in this section the respondent) if —| (a) | the court is satisfied on the balance of probabilities that — | (i) | any material consisting of or containing the relevant statement has been or is being published by means of an internet intermediary service provided by the respondent; and | | (ii) | the relevant statement is a false statement of fact; and |
| | (b) | it is just and equitable in the circumstances to make the targeted correction order. [17/2019] |
(2) A targeted correction order may require the respondent to publish a targeted correction notice —| (a) | by means of the internet intermediary service, to all end‑users in Singapore who access any specified material provided on or through the service that consists of or contains the relevant statement from any specified time; and | | (b) | where the respondent is a prescribed internet intermediary — by any means and by a specified time, to all end‑users in Singapore that the respondent knows had accessed the specified material mentioned in paragraph (a) or any identical copies of the specified material by means of the internet intermediary service. [17/2019] |
|
(3) A targeted correction notice must contain all or any of the following as may be specified in the targeted correction order:| (a) | a statement, in such terms as may be specified, that the court has determined the specified material consists of or contains a false statement of fact; | | (b) | a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where the statement may be found. [17/2019] |
|
| (4) An end-user who accesses a part of any material is taken to access the material. [17/2019] |
|
15E.—(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a general correction order against a prescribed individual or entity (called in this section the respondent), if —| (a) | the court is satisfied on the balance of probabilities that —| (i) | the relevant statement is a false statement of fact; and | | (ii) | the publication of the relevant statement has caused or is likely to cause serious harm to the reputation of the subject; and |
| | (b) | it is just and equitable in the circumstances to make the general correction order. [17/2019] |
(2) A general correction order may require the respondent to publish in Singapore a general correction notice within a specified time in a specified form and manner —| (a) | where the respondent is a prescribed holder of a permit under section 21 of the Newspaper and Printing Presses Act 1974 — in a specified newspaper or other printed publication, printed or published by the respondent; | | (b) | where the respondent is a prescribed broadcasting licensee within the meaning of the Broadcasting Act 1994 — by a specified broadcasting service provided by the respondent; | | (c) | where the respondent is a prescribed holder of a licence under section 5 of the Telecommunications Act 1999 — by a specified telecommunication system or service run by the respondent; | | (d) | where the respondent is a prescribed internet intermediary —| (i) | by a specified internet intermediary service provided by the respondent; or | | (ii) | to all end-users, or a specified class of end-users, in Singapore who use that internet intermediary service at any time after the general correction order is served; and |
| | (e) | in any other case — by any specified means within the control of the respondent. [17/2019] |
|
(3) A general correction notice must contain all or any of the following as may be specified in the general correction order:| (a) | a statement, in such terms as may be specified, that the court has determined that the relevant statement is false; | | (b) | a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where the statement may be found. |
|
(4) In this section, “specified” means specified in the general correction order. | | (a) X publishes a false statement that Y, a lawyer, had misappropriated client moneys. As a result, Y’s clients terminate their contracts for Y’s services. Y has suffered serious harm to Y’s reputation. |
| | (b) X makes a false statement that Y, a married female, had committed adultery with multiple men. The statement is widely published on social media. Y has suffered serious harm to Y’s reputation. |
|
|
[17/2019] |
|
| General provisions applicable to interim orders |
16.—(1) Where an application by the subject of an alleged false statement of fact (called in this section and sections 16A, 16AA, 16B and 16BA a relevant statement) for an order mentioned in paragraph (a), (b), (c) or (d) is pending against a respondent in relation to that application, the subject may also apply for the interim order mentioned in that paragraph to be made against that respondent:| (a) | a stop publication order — an interim stop publication order or an interim notification order; | | (b) | a correction order — an interim notification order; | | (c) | a disabling order — an interim disabling order; | | (d) | a targeted correction order — a targeted interim notification order. [17/2019] |
(2) Sections 16A and 16B apply despite any of the following:| (a) | that notice of the application has not been served on the respondent; | | (b) | that notice of the application has not been served, within a reasonable time before the hearing of the application, on the respondent. [17/2019] |
|
(3) An interim order takes effect in respect of the respondent —| (a) | when the order is served on the respondent in such manner as may be prescribed; | | (b) | where the court dispenses with the service of the order, when the service of the order on the respondent is dispensed with by the court; or | | (c) | at such later time as the court may specify. [17/2019] |
|
| (4) An interim order under this section may be made in respect of a relevant statement even if the statement has been amended or has ceased to be published in Singapore. [17/2019] |
| (5) There is no appeal against a decision of the court in relation to an interim order under this section. [17/2019] |
(6) The court may vary, suspend or cancel an interim order under this section, on the application of —| (a) | the subject or author of the relevant statement; | | (b) | the respondent; or | | (c) | an individual or entity that published the relevant statement. [17/2019] |
|
| (7) An interim order made under this section remains in effect until it expires, or is cancelled under subsection (6). [17/2019] |
| (8) An interim order under this section may be made subject to such exceptions or conditions as may be specified in the order. [17/2019] |
|
| Interim stop publication order |
16A.—(1) A court may make an interim stop publication order against the respondent in relation to an application for a stop publication order if —| (a) | the court is satisfied that there is prima facie evidence that —| (i) | the respondent published or continues to publish the relevant statement; | | (ii) | the relevant statement is a false statement of fact; and | | (iii) | the publication of the relevant statement by the respondent has caused or is likely to cause the subject harm; and |
| | (b) | it is just and equitable in the circumstances to make the stop publication order on an expedited basis. [17/2019] |
| (2) Section 15A(2), (3) and (4) applies to an interim stop publication order as it applies to a stop publication order. [17/2019] |
|
16AA.—(1) A court may make an interim disabling order against the respondent in relation to an application for a disabling order if —| (a) | the court is satisfied that there is prima facie evidence that —| (i) | any material consisting of or containing the relevant statement (called in this section the specified material) has been or is being published by means of an internet intermediary service provided by the respondent; | | (ii) | the relevant statement is a false statement of fact; and | | (iii) | the publication of the specified material by means of the service has caused or is likely to cause the subject harm; and |
| | (b) | it is just and equitable in the circumstances to make the disabling order on an expedited basis. [17/2019] |
| (2) Section 15C(2) and (3) applies to an interim disabling order as it applies to a disabling order. [17/2019] |
|
| Interim notification order |
16B.—(1) A court may make an interim notification order against the respondent in relation to an application for a correction order or a stop publication order if —| (a) | the court is satisfied that there is prima facie evidence that —| (i) | the respondent published or continues to publish the relevant statement; | | (ii) | the relevant statement is a false statement of fact; and | | (iii) | the publication of the relevant statement by the respondent has caused or is likely to cause the subject harm; and |
| | (b) | it is just and equitable in the circumstances to make the interim notification order. [17/2019] |
(2) An interim notification order may require the respondent to publish an interim notice, within a specified time —| (a) | to any specified person or description of persons; and | | (b) | in a specified form and manner, which may include publication —| (i) | at a specified online location or in a specified newspaper or other printed publication of Singapore; or | | (ii) | in specified proximity to every copy of the relevant statement, or of any substantially similar statement, that is published by the respondent. [17/2019] |
|
|
(3) An interim notice must —| (a) | state that there is a pending application for a correction order or a stop publication order or both (as the case may be) in respect of the relevant statement; and | | (b) | be in such form and published in such manner as may be specified in the interim notification order. [17/2019] |
|
| (4) Section 15B(2) and (5) applies to an interim notification order as it applies to a correction order. [17/2019] |
|
| Targeted interim notification order |
16BA.—(1) A court may make a targeted interim notification order against the respondent in relation to an application for a targeted correction order if —| (a) | the court is satisfied that there is prima facie evidence that —| (i) | any material consisting of or containing the relevant statement (called in this section the specified material) has been or is being published by means of an internet intermediary service provided by the respondent; | | (ii) | the relevant statement is a false statement of fact; and | | (iii) | the publication of the specified material by means of the service has caused or is likely to cause the subject harm; and |
| | (b) | it is just and equitable in the circumstances to make the targeted interim notification order. [17/2019] |
(2) A targeted interim notification order may require the respondent to publish a targeted interim notice —| (a) | by means of the internet intermediary service to all end‑users in Singapore who access any specified material provided on or through the service that consists of or contains the false statement from any specified time; and | | (b) | where the respondent is a prescribed internet intermediary — by any means and by a specified time, to all end‑users in Singapore that the respondent knows had accessed the specified material mentioned in paragraph (a) or any identical copies of the specified material by means of the internet intermediary service. [17/2019] |
|
(3) A targeted interim notice must —| (a) | state that there is a pending application for a targeted correction order in respect of the specified material; and | | (b) | be in such form and published in such manner as may be specified in the targeted interim notification order. [17/2019] |
|
| (4) An end-user who accesses a part of any material is taken to access the material. [17/2019] |
|
16BB.—(1) A person who is required to publish any of the following notices must ensure that they are easily perceived:| (a) | a targeted correction notice; | | (b) | a general correction notice; | | (c) | a targeted interim notice. [17/2019] |
(2) Subject to subsection (3), a notice is easily perceived if —| (a) | a notice (not being an audio recording) is conspicuous, regardless of the type of platform or device used by the end‑user or viewer; | | | | A notice that is in a text form is conspicuous if it is sufficiently differentiated from the background and is of a reasonable type size compared to the rest of the text on the same page. |
|
|
| | (b) | the notice is easy to read, view or listen to, and not easy to miss; | | | | (a) Where the notice is an audio recording, it is easy to listen to it if it is in a volume and cadence sufficient for it to be heard and understood. |
| | | (b) Where the notice is a video recording or a dynamic display, it is easy to view if it appears for a duration sufficient for it to be viewed and understood. |
| | | (c) A notice that is in a text form or the form of a video recording or dynamic display is easy to miss if it is contained in a pop-up window, insofar as access to it may be easily disabled. |
|
|
| | (c) | the notice (not being an audio recording) is placed near the subject statement (where relevant), and in a location where end-users or viewers are likely to look; or | | (d) | the end-user is required to access another online location in order to comprehend the notice. | | | | An example of such requirement is the mere provision of a hyperlink to the notice or a part of it. |
|
|
[17/2019] |
|
| (3) For the purposes of this section, without limiting the manner of complying with subsection (1), a notice is taken to be easily perceived if the notice is published in accordance with such measures as may be prescribed by regulations made under section 20 (called in this section the prescribed measures). [17/2019] |
| (4) The measures required to be taken under a targeted correction order, general correction order or targeted interim notification order must not be inconsistent with the prescribed measures. [17/2019] |
|
16C. The persons who may appeal against a decision made by any court in relation to the following orders are —| (a) | in the case of a protection order —| (i) | the applicant for the order; | | (ii) | the relevant party in relation to the order; or | | (iii) | if the protection order requires an internet intermediary to disable access to a third party’s communication, that third party; |
| | (b) | in the case of a mandatory treatment order —| (i) | the applicant for the order; or | | (ii) | the respondent; and |
| | (c) | in the case of a stop publication order, a correction order, a disabling order, a targeted correction order or a general correction order — | (i) | the applicant for the order; | | (ii) | the relevant party in relation to the order; | | (iii) | the author of the relevant statement to which the order relates; or | | (iv) | an individual or entity that published the relevant statement to which the order relates. [17/2019] |
|
|
16CA. When granting a general correction order in respect of a false statement of fact, the court may order that the whole or any part of the costs reasonably incurred by a prescribed person or prescribed internet intermediary in complying with the order be paid by any of the following:| (a) | the author of the false statement of fact, if the author authorised or caused that statement to be published; | | (b) | any person or entity that intentionally published the false statement of fact or any material consisting of or containing the false statement of fact; | | (c) | the subject who applied for the order. [17/2019] |
|
| 16CB. An order made under this Act may be served by such means as may be prescribed by Rules of Court made under section 19 or, where applicable, the Family Justice Rules made under section 19A. [17/2019] |
16D.—(1) A relevant party must comply with an order under this Part within the specified time despite —| (a) | any contrary duty or obligation under any written law or rule of law, any contract or any rule of professional conduct applicable to the relevant party; and | | (b) | any costs of complying with the order being owed to the relevant party. [17/2019] |
(2) No civil or criminal liability is incurred by a relevant party, or an officer, employee or agent of the relevant party, for doing or omitting to do any act, if the act or omission is done —| (a) | with reasonable care and in good faith; and | | (b) | for the purpose of complying with or giving effect to an order made under Division 1 or 2 against that relevant party. [17/2019] |
|
| (3) Subsection (2) does not apply to the respondent of a protection order made under section 12(2), or of an expedited protection order under section 13(1) in relation to a protection order under section 12(2). [17/2019] |
| (4) Subject to section 10(3), disobedience or breach of an order made under this Part, if intentional, is a contempt of court. [17/2019] |
|
|
