PART 11 | OFFENCES, PENALTIES AND DEFENCES |
| Offences of non-compliance with Part 2 directions |
50.—(1) A person commits an offence if the person —| (a) | is given a stop communication direction; and | | (b) | without reasonable excuse, fails to comply with any requirement of the direction, |
| whether in Singapore or outside Singapore. |
(2) A person commits an offence if the person —| (a) | is given a disabling direction; and | | (b) | without reasonable excuse, fails to comply with any requirement of the direction, |
| whether in Singapore or outside Singapore. |
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(3) A person commits an offence if the person —| (a) | is given an access blocking direction; and | | (b) | without reasonable excuse, fails to comply with any requirement of the direction, |
| whether in Singapore or outside Singapore. |
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(4) A person commits an offence if the person —| (a) | is given an account restriction direction; and | | (b) | without reasonable excuse, fails to comply with any requirement of the direction, |
| whether in Singapore or outside Singapore. |
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(5) A person commits an offence if the person —| (a) | is given an app removal direction; and | | (b) | without reasonable excuse, fails to comply with any requirement of the direction, |
| whether in Singapore or outside Singapore. |
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(6) 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 $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. |
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(7) A person who is guilty of an offence under subsection (2) or (4) 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. |
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| (8) A person who is guilty of an offence under subsection (3) or (5) shall be liable on conviction to a fine not exceeding $20,000 for every day or part of a day that the person, without reasonable excuse, fails to comply with any requirement of the direction mentioned in that subsection, but not exceeding in total $500,000. |
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| Offences of non-compliance with rectification notice or implementation directive |
51.—(1) A person commits an offence if the person —| (a) | is given a rectification notice; and | | (b) | without reasonable excuse, fails to comply with any requirement of the notice, |
| whether in Singapore or outside Singapore. |
(2) A person commits an offence if the person —| (a) | is given an implementation directive; and | | (b) | without reasonable excuse, fails to comply with any requirement of the directive, |
| whether in Singapore or outside Singapore. |
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| (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction 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. |
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| Offences of non-compliance with Part 6 orders |
52.—(1) A person commits an offence if the person —| (a) | is given a service restriction order; and | | (b) | without reasonable excuse, fails to comply with any requirement of the service restriction order, |
| whether in Singapore or outside Singapore. |
(2) A person commits an offence if the person —| (a) | is given an access blocking order; and | | (b) | without reasonable excuse, fails to comply with any requirement of the access blocking order, |
| whether in Singapore or outside Singapore. |
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(3) A person commits an offence if the person —| (a) | is given an app removal order; and | | (b) | without reasonable excuse, fails to comply with any requirement of the app removal order, |
| whether in Singapore or outside Singapore. |
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(4) 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 $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. |
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| (5) A person who is guilty of an offence under subsection (2) or (3) shall be liable on conviction to a fine not exceeding $20,000 for every day or part of a day that the person, without reasonable excuse, fails to comply with the access blocking order or app removal order (as the case may be), but not exceeding in total $500,000. |
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| Offence of non-compliance with written notice under section 47 or 48 |
53.—(1) A person commits an offence if the person —| (a) | is given a written notice under section 47 or 48; and | | (b) | without reasonable excuse, fails to comply with that written notice, |
| whether in Singapore or outside 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 $5,000 or to imprisonment for a term not exceeding 6 months or to both; or | | (b) | in any other case, to a fine not exceeding $10,000. |
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54.—(1) It is not a defence to a charge for an offence under section 50, 52 or 53 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 or restricts the person from complying with a requirement of the Part 2 direction, the Part 6 order or the written notice under section 47 or 48, as the case may be; or | | (b) | the person has applied for a reconsideration of, or has appealed against, the Part 2 direction or the Part 6 order, as the case may be. |
(2) It is not a defence to a charge for an offence under section 51 that —| (a) | the person is subject to a duty of confidentiality or privacy imposed by any rule of law or a duty imposed by any contract or any rule of professional conduct, that prevents or restricts the person from complying with a requirement of the rectification notice, the implementation directive or the code of practice concerned, as the case may be; or | | (b) | the person has appealed against the decision to designate the person’s online service, the decision to give a code application notice to the person, a requirement of the implementation directive or a requirement of the code of practice concerned or a variation thereof, as the case may be. |
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(3) Without limiting the meaning of “reasonable excuse”, it is a defence to a charge for an offence under this Part (except in relation to a stop communication direction) if the accused proves, on a balance of probabilities, that —| (a) | it was not reasonably practicable to do more than what was in fact done to comply with the Part 2 direction, rectification notice, implementation directive or Part 6 order, as the case may be; or | | (b) | there was no better practicable means than was in fact used. |
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| Arrestable and bailable offences |
55.—(1) Every offence as follows is arrestable and is non‑bailable for the purposes of the Criminal Procedure Code 2010:| (a) | an offence under section 50, 51 or 52; | | (b) | an abetment, or a conspiracy or an attempt to commit an offence mentioned in paragraph (a). |
(2) Every offence as follows is bailable for the purposes of the Criminal Procedure Code 2010:| (a) | an offence under section 53; | | (b) | an abetment, or a conspiracy or an attempt to commit an offence mentioned in paragraph (a). |
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56.—(1) Where an offence under this Act is committed by a person outside Singapore, the person may be dealt with in respect of that offence as if it had been committed wholly within Singapore.| (2) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence. |
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