§ 17 — Corrective measures for unlawful advertisement

17.—(1) Where an authorised officer, after receiving a complaint or on the authorised officer’s initiative, is satisfied that an advertisement has been published, or caused to be published, in contravention of section 15(1), the authorised officer may, after having regard to the matters mentioned in subsection (4), order the person whom the authorised officer reasonably suspects to have published, or caused to be published, the advertisement to do all or any of the following within the time specified in that order:(a)

to stop any further publication of the advertisement with immediate effect;

(b)

to take such measures as may be reasonable and necessary in the circumstances to disable access by end‑users in Singapore to the advertisement if published on the Internet;

(c)

to publish a corrective advertisement in such manner and containing such information as may be specified by the LTA.

(2) The person to whom an order under subsection (1) is directed must bear the costs and expenses arising from the taking of any measure that is required of the person under the order.

(3) If a person to whom an order under subsection (1) is directed fails to comply with the order, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 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 $250 for every day or part of a day during which the offence continues after conviction.

(4) Before ordering a person under subsection (1) with respect to an advertisement on the Internet, an authorised officer must have regard, and give such weight as the authorised officer considers appropriate, to all of the following matters:(a)

whether, having regard to the content of the advertisement and the way the EV charger is advertised or promoted, the primary purpose of the advertisement advocates or encourages others, or is used by others, to commit an offence under this Act;

(b)

whether the advertisement is accessible by end‑users in Singapore;

(c)

the volume of viewers accessing the advertisement who are or are likely to be end‑users in Singapore;

(d)

the technical feasibility of complying with the order.

(5) To avoid doubt, an authorised officer is not confined to consideration of matters specified in subsection (4) and may take into account such other matters and evidence as may be relevant.

—(1) Where an authorised officer, after receiving a complaint or on the authorised officer’s initiative, is satisfied that an advertisement has been published, or caused to be published, in contravention of section 15(1), the authorised officer may, after having regard to the matters mentioned in subsection (4), order the person whom the authorised officer reasonably suspects to have published, or caused to be published, the advertisement to do all or any of the following within the time specified in that order:(a)

to stop any further publication of the advertisement with immediate effect;

(b)

to take such measures as may be reasonable and necessary in the circumstances to disable access by end‑users in Singapore to the advertisement if published on the Internet;

(c)

to publish a corrective advertisement in such manner and containing such information as may be specified by the LTA.

(2) The person to whom an order under subsection (1) is directed must bear the costs and expenses arising from the taking of any measure that is required of the person under the order.

(3) If a person to whom an order under subsection (1) is directed fails to comply with the order, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 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 $250 for every day or part of a day during which the offence continues after conviction.

(4) Before ordering a person under subsection (1) with respect to an advertisement on the Internet, an authorised officer must have regard, and give such weight as the authorised officer considers appropriate, to all of the following matters:(a)

whether, having regard to the content of the advertisement and the way the EV charger is advertised or promoted, the primary purpose of the advertisement advocates or encourages others, or is used by others, to commit an offence under this Act;

(b)

whether the advertisement is accessible by end‑users in Singapore;

(c)

the volume of viewers accessing the advertisement who are or are likely to be end‑users in Singapore;

(d)

the technical feasibility of complying with the order.

(5) To avoid doubt, an authorised officer is not confined to consideration of matters specified in subsection (4) and may take into account such other matters and evidence as may be relevant.