PART 4 DIRECTIONS TO INTERNET INTERMEDIARIES AND
PROVIDERS OF MASS MEDIA SERVICES |
| Conditions for issue of Part 4 Directions |
20.—(1) Any Minister may instruct the Competent Authority to issue a Part 4 Direction if all of the following conditions are satisfied:| (a) | material (called in this Part the subject material) that contains or consists of a false statement of fact (called in this Part the subject statement) has been or is being communicated in Singapore; | | (b) | the Minister is of the opinion that it is in the public interest to issue the Direction. |
| (2) Any Minister may instruct the Competent Authority to issue a Part 4 Direction in relation to the subject material even if it has been amended or has ceased to be communicated in Singapore. |
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| Targeted Correction Direction |
21.—(1) A Targeted Correction Direction is one issued to the internet intermediary that provided the internet intermediary service by means of which the subject material has been or is being communicated in Singapore, requiring it to communicate by means of that service to all end‑users in Singapore who access the subject material by means of that service at any time after a specified time, a notice (called in this Part a correction notice) that contains one or both of the following:| (a) | a statement, in such terms as may be specified, that the subject statement is false, or that the subject material contains or consists of a false statement of fact; | | (b) | a specified statement of fact, or a reference to a specified location where the specified statement of fact may be found, or both. |
(2) Where the internet intermediary mentioned in subsection (1) is a prescribed internet intermediary, the Targeted Correction Direction may also require the internet intermediary to do one or more of the following:| (a) | communicate the correction notice by means of the internet intermediary service to all end‑users in Singapore who access identical copies of the subject material by means of that service at any time after the specified time; | | (b) | communicate the correction notice by any means and by a specified time, to all end‑users in Singapore that it knows had accessed the subject material or identical copies of the subject material (or both) by means of that service at any time before the specified time mentioned in subsection (1); | | (c) | if the internet intermediary disables access by end‑users in Singapore to the subject material at any time after the Direction is issued and before it expires or is set aside or cancelled, communicate the correction notice by means of the internet intermediary service to a specified description of end‑users in Singapore. |
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(3) In this section —| (a) | “specified” means specified in the Targeted Correction Direction; and | | (b) | an end‑user who accesses a part of any material is taken to access the material. |
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22.—(1) A Disabling Direction is one issued to the internet intermediary that provided the internet intermediary service by means of which the subject material has been or is being communicated in Singapore, requiring it to disable access by end‑users in Singapore to the subject material provided on or through the service that consists of or contains the subject statement, by the specified time.(2) Where the internet intermediary mentioned in subsection (1) is a prescribed internet intermediary, the Disabling Direction may also require the internet intermediary to do one or both of the following:| (a) | to disable access by end‑users of the service in Singapore to identical copies of the subject material provided on or through the internet intermediary service; | | (b) | to communicate a correction notice by any means to a specified description of end‑users in Singapore. |
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| (3) Once a Disabling Direction has been issued, the Competent Authority must publish a notice of that fact in the Gazette as soon as possible. |
| (4) However, a failure to publish the notice of the issue of the Disabling Direction in the Gazette does not invalidate the Direction. |
(5) In this section —| (a) | “specified” means specified in the Disabling Direction; and | | (b) | an end‑user who accesses a part of any material is taken to access the material. |
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| General Correction Direction |
23.—(1) A General Correction Direction is one issued to one of the following persons to carry out an act mentioned in subsection (2):| (a) | a prescribed internet intermediary; | | (b) | a prescribed holder of a permit under section 21 of the Newspaper and Printing Presses Act 1974; | | (c) | a prescribed broadcasting licensee within the meaning of section 2(1) of the Broadcasting Act 1994; | | (d) | a prescribed holder of a licence under section 5 of the Telecommunications Act 1999; | | (e) | such other person as may be prescribed. |
(2) The act mentioned in subsection (1) is —| (a) | if the direction is issued to a person mentioned in subsection (1)(a), to communicate a correction notice in Singapore by means of the internet intermediary service provided by it, to all end‑users who use that service at any time after the specified time, or a specified description of such end‑users; | | (b) | if the direction is issued to a person mentioned in subsection (1)(b), to publish a correction notice in a specified newspaper or printed publication by the specified time; | | (c) | if the direction is issued to a person mentioned in subsection (1)(c), to broadcast a correction notice in Singapore by the specified time; | | (d) | if the direction is issued to a person mentioned in subsection (1)(d), to transmit a correction notice by means of the telecommunications service provided by it, to all end‑users who use that service at any time after the specified time, or to a specified description of such end‑users; | | (e) | if the direction is issued to a person mentioned in subsection (1)(e), to give a correction notice to a specified person or description of persons, by the specified means and by the specified time. |
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| (3) In this section, “specified” means specified in the General Correction Direction. |
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| Correction notices must be easily perceived |
24.—(1) A person required by a Targeted Correction Direction, Disabling Direction or General Correction Direction to communicate in Singapore, publish, broadcast, transmit by means of a telecommunication service, or give, a correction notice must ensure that it is easily perceived.(2) For the purposes of subsection (1) but subject to subsection (3), a correction notice is easily perceived if —| (a) | the notice (not being an audio recording) is conspicuous, regardless of the type of platform or device used by the end‑user or viewer; | | | | A correction 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. |
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| | (b) | the notice is easy to read, view or listen to, and not easy to miss; | | | | (a) Where the correction notice is an audio recording, it is easy to listen to if it is in a volume and cadence sufficient for it to be heard and understood. |
| | | (b) Where the correction 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. |
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| | (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; and | | (d) | an end‑user, viewer or listener is not required to refer to a separate online location or any other thing in order to read, view, listen to or understand the notice; | | | | An example of such requirement is the mere provision of a hyperlink to the correction notice or a part of it. |
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| (3) Without limiting the manner of complying with subsection (1), a correction notice is taken to be easily perceived if it complies with such measures as may be prescribed. |
| (4) If the Minister who instructed the Competent Authority to issue the Direction under subsection (1) is of the view that subsection (1) is not complied with, the Minister may instruct the Competent Authority to order the person to whom the Direction is issued to take, within such time as may be specified, such measures as the Minister considers necessary or desirable to remedy the non‑compliance. |
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| Provisions applicable to all Part 4 Directions and Remedial Orders |
25.—(1) A Part 4 Direction or Remedial Order may be issued to a person whether the person is in or outside Singapore.| (2) A Part 4 Direction or Remedial Order may require a person to whom it is issued to do an act in or outside Singapore. |
| (3) A Part 4 Direction must identify in sufficient detail the subject material and the subject statement. |
| (4) A Part 4 Direction or Remedial Order remains in effect until the date it expires (if any), it is set aside under section 29 (if applicable) or it is cancelled under section 31. |
| (5) A person who is issued a Part 4 Direction or Remedial Order is responsible for the costs of complying with the Direction. |
| (6) A person (A) to whom a General Correction Direction is issued may bring civil proceedings in a court against a person (B) who is the author of the subject statement and who communicated in Singapore the subject material, to recover the costs reasonably incurred by A to comply with the Direction. |
| (7) In such proceedings, the court, if it is satisfied on a balance of probabilities that B has contravened section 7 when communicating the subject material in Singapore, may award to A such damages for those costs as the court, having regard to all the circumstances of the case, thinks just and equitable. |
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| Service of Part 4 Directions and Remedial Orders |
26. A Part 4 Direction or Remedial Order may be served by such means (including electronic means) as may be prescribed —| (a) | on the person to whom it is issued; or | | (b) | on a person in Singapore that the person to whom the Part 4 Direction or Remedial Order is issued has appointed to accept service on the person’s behalf. |
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| Non-compliance with Part 4 Direction or Remedial Order an offence |
27.—(1) A person to whom a Part 4 Direction or Remedial Order is issued and served and who, without reasonable excuse, fails to comply with the Direction or Order whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction —| (a) | in the case of 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 $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. |
| (2) To avoid doubt, a person does not fail to comply with a Targeted Correction Direction, Disabling Direction or General Correction Direction merely by failing to comply with section 24(1). |
(3) 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 Part 4 Direction or Remedial Order or restricts the person in such compliance; or | | (b) | the person has applied under section 31 to vary or cancel the Direction or Order or has appealed to the General Division of the High Court against the Direction. [40/2019] |
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| (4) No civil or criminal liability is incurred by a person or an officer, employee or agent of the person, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to the Part 4 Direction or Remedial Order. |
(5) In determining whether a person charged with an offence under subsection (1) has a reasonable excuse for failing to comply with a Part 4 Direction or Remedial Order, the court must consider —| (a) | the state of the art available to give effect to the Direction or Order; | | (b) | the cost of complying with the Direction or Order relative to the means available to the person; and | | (c) | any other relevant factor. |
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28.—(1) This section applies where —| (a) | a person that is an internet intermediary fails to comply with a Part 4 Direction or Remedial Order; | | (b) | the subject material is being communicated in Singapore on an online location; and | | (c) | the Minister is satisfied that one or more end‑users in Singapore have used or are using the services of an internet access service provider to access that online location. |
| (2) The Minister may direct the IMDA to order the internet access service provider to take reasonable steps to disable access by end‑users in Singapore to the online location (called in this section an access blocking order), and the IMDA must give the internet access service provider an access blocking order. |
| (3) An internet access service provider that does not comply with an access blocking order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000. |
| (4) No civil or criminal liability is incurred by an internet access service provider or an officer, employee or agent of such provider, for anything done or omitted to be done with reasonable care and in good faith in complying with any access blocking order. |
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| Appeals to General Division of High Court |
29.—(1) The following persons may appeal to the General Division of the High Court against any Part 4 Direction:| (a) | the person to whom the Direction is issued; | | (b) | a person who communicated in Singapore the subject material. [40/2019] |
| (2) No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister mentioned in section 31 to vary or cancel the Part 4 Direction under that section, and the Minister refused the application either in whole or in part. [40/2019] |
| (3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court. [40/2019] |
| (4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Part 4 Direction or set it aside. [40/2019] |
(5) The General Division of the High Court may only set aside a Part 4 Direction on any of the following grounds on an appeal by the person to whom the Direction is issued:| (a) | in the case of a Targeted Correction Direction or a Disabling Direction, the subject material was not communicated in Singapore, or was not communicated in Singapore by means of any internet intermediary service provided by the person; | | (b) | the subject statement is not a statement of fact, or is a true statement of fact; | | (c) | it is not technically possible to comply with the Direction. [40/2019] |
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| (6) The General Division of the High Court may only set aside a Part 4 Direction on an appeal by a person who communicated in Singapore the subject material, on the ground that the subject statement is not a statement of fact, or is a true statement of fact. [40/2019] |
| (7) A Part 4 Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 31. [40/2019] |
| (8) Despite subsection (7), if the appellant (being the person to whom the Part 4 Direction is issued) establishes a prima facie case that it is technically impossible to comply with the Part 4 Direction, the General Division of the High Court may direct that the Direction be stayed pending determination of the appeal. [40/2019] |
| (9) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019] |
| (10) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made and the procedure for an application to stay a Part 4 Direction appealed against. |
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| Other causes of action not affected |
| 30. The issue of a Part 4 Direction or Remedial Order in relation to any material does not affect any power or right of any person (including a Minister, the Competent Authority or the Government) to take any action under this Act or any other law in relation to the subject statement, or the power of the Public Prosecutor to initiate proceedings for an offence under this Act or any other law in relation to that statement. |
| Variation or cancellation of Part 4 Direction or Remedial Order |
31.—(1) The Minister who instructed the Competent Authority to issue a Part 4 Direction or Remedial Order may at any time instruct the Competent Authority to vary or cancel the Part 4 Direction or Remedial Order, by serving a written notice on the person to whom the Direction or Order is issued.(2) The Minister who instructed the Competent Authority to issue a Part 4 Direction or Remedial Order may instruct the Competent Authority to vary or cancel the Direction or Order under subsection (1) —| (a) | on the Minister’s own initiative; or | | (b) | on an application by —| (i) | the person to whom the Direction or Order is issued; or | | (ii) | a person who communicated in Singapore the subject material. |
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| (3) A Part 4 Direction or Remedial Order remains in effect despite any application made to the Minister for its variation or cancellation. |
| (4) Sections 26, 27 and 28 apply in relation to a Part 4 Direction or Remedial Order that is varied under this section as they apply in relation to the original Part 4 Direction or Remedial Order. |
| (5) Section 29 applies in relation to a Part 4 Direction that is varied under this section as it applies in relation to the original Part 4 Direction. |
| (6) Section 26 applies in relation to a notice cancelling a Part 4 Direction or Remedial Order under this section as it applies in relation to the original Part 4 Direction or Remedial Order. |
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