Protection from Harassment Act 2014 - Singapore Statutes Online

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]

Stop publication order

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]

Correction order

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]

Disabling order

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]

General correction order

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.

Illustrations

(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]

Interim disabling order

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]

Publication of notices

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;

Illustration

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;

Illustrations

(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.

Illustration

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]

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