s 325–s 328 · 4 sections
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Access disabling order
325.—(1) The Court may, on application, order a NCP to take reasonable steps to disable access to an online location (called in this Subdivision an access disabling order) if —(a)
the online location is a flagrantly infringing online location;
(b)
the online location has been or is being used to commit rights infringements in relation to copyright works or protected performances of which the applicant is the rights owner; and
(c)
the NCP’s services have been or are being used to access the online location.[Act 22 of 2021 wef 01/04/2022]
(2) In deciding whether to make an access disabling order, and the terms of the order, the Court must consider all relevant matters, including —(a)
the harm that is or may foreseeably be caused to the rights owner;
(b)
the burden that the making of the order will place on the NCP;
(c)
the technical feasibility of complying with the order;
(d)
the effectiveness of the order;
(e)
any possible adverse effect on the business or operations of the NCP; and
(f)
whether some other comparably effective order would be less burdensome.[Act 22 of 2021 wef 01/04/2022]
Procedure for application
326.—(1) This section applies to an application by a rights owner for an access disabling order against a NCP in relation to an online location.
(2) Subject to subsection (5), the rights owner must do the following before making the application:(a)
give notice to the owner of the online location that —(i)
the online location has been or is being used to commit or facilitate rights infringements against the rights owner; and
(ii)
if the owner of the online location does not stop the online location from being used in that way within the prescribed time, the rights owner will apply for an access disabling order;
(b)
give notice to the NCP that the rights owner intends to proceed to apply for an access disabling order against the NCP, and to do so either —(i)
after the end of the prescribed time mentioned in paragraph (a)(ii); or
(ii)
after reasonable efforts have been made to give notice under paragraph (a).
(3) The application must be served on the NCP.
(4) Subject to subsection (5), notice of the application must be given to the owner of the online location.
(5) At the hearing of the application, the Court may dispense with the requirement to give notice under subsection (2)(a) or (4) if —(a)
the rights owner is unable to give notice (whether because the identity or address of the owner of the online location cannot be ascertained or for any other reason); and
(b)
the rights owner has made reasonable efforts to give notice.[Act 22 of 2021 wef 01/04/2022]
(6) The owner of the online location has —(a)
the right to be heard in the application; and
(b)
the same right of appeal as any party to the application.
(7) Regulations may prescribe —(a)
in relation to the notices mentioned in subsection (2)(a) and (b) —(i)
how a notice must be served;
(ii)
the form of a notice;
(iii)
the information to be stated in a notice; and
(iv)
the manner of verifying statements in a notice; and
(b)
what constitutes reasonable efforts for the purposes of subsection (2)(b)(ii).
Variation and revocation of order
327.—(1) The Court may vary an access disabling order if —(a)
there is a material change of circumstances; or
(b)
it is otherwise appropriate to do so.[Act 22 of 2021 wef 01/04/2022]
(2) The Court may revoke an access disabling order if —(a)
there is further evidence to show that the order should not have been made;
(b)
the online location that is the subject of the order ceases to be a flagrantly infringing online location; or
(c)
it is otherwise appropriate to do so.[Act 22 of 2021 wef 01/04/2022]
(3) An application to vary or revoke an access disabling order may be made by —(a)
a party to the order; or
(b)
the owner of the online location that is the subject of the order.
Application of presumptions
328. The presumptions in Subdivision (4) of Division 9 of Part 3 and section 181 apply in an application for an access disabling order.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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