§ 41 — Advertising dealings concerning proscribed online location

41.—(1) A person commits an offence if —(a)

the person has an advertising dealing with a proprietor of an online location;

(b)

the online location becomes a proscribed online location with a Singapore link; and

(c)

the person does not take measures or enough measures to ensure that any information or material included or otherwise on, or any service provided from, the online location because of the advertising dealing, is —(i)

not accessible by, or not delivered to, one or more end‑users physically present in Singapore after the online location becomes a proscribed online location; and

(ii)

not promoted or published in Singapore.

(2) A person commits an offence if —(a)

the person has an advertising dealing with anyone — (i)

that facilitates the access by, or delivery to, one or more end‑users physically present in Singapore; or

(ii)

that promotes or gives publicity to, one or more end‑users physically present in Singapore,

any information or material included or otherwise on, or any service provided from, an online location; and

(b)

the online location is a proscribed online location with a Singapore link.

(3) Subsections (1) and (2) extend to a person who engages in any conduct described in that subsection outside Singapore.

(4) A person who is guilty of an offence under subsection (1) or (2) 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; or

(b)

in any other case, to a fine not exceeding $500,000.

(5) Where a person is charged with an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person —(a)

did not know, and could not with reasonable diligence have ascertained, that the online location was a proscribed online location and had a Singapore link; and

(b)

took the prescribed steps to ensure that any information or material included or otherwise on, or any service provided from, the online location because of the accused’s advertising dealing, is not accessible by, or not delivered to, one or more end‑users physically present in Singapore after the online location becomes a proscribed online location.

(6) However, in any proceeding for an offence under subsection (1) or (2), it is not a defence for the accused to show that —(a)

the accused did the act in question at the direction of another person; or

(b)

the information or material was accessible by, or delivered to, one or more end‑users physically present in Singapore through an automated process without the accused choosing where the information or material or service is communicated or delivered, except as an automatic response to the request of a person.

(7) It is also not a defence to a charge for an offence under this section that the accused is subject to any duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with this section or restricts the person in such compliance.

(8) In this section, an advertising dealing means an arrangement under which a party to the arrangement agrees to publish, in the course of business, information or material in exchange for valuable consideration.

—(1) A person commits an offence if —(a)

the person has an advertising dealing with a proprietor of an online location;

(b)

the online location becomes a proscribed online location with a Singapore link; and

(c)

the person does not take measures or enough measures to ensure that any information or material included or otherwise on, or any service provided from, the online location because of the advertising dealing, is —(i)

not accessible by, or not delivered to, one or more end‑users physically present in Singapore after the online location becomes a proscribed online location; and

(ii)

not promoted or published in Singapore.

(2) A person commits an offence if —(a)

the person has an advertising dealing with anyone — (i)

that facilitates the access by, or delivery to, one or more end‑users physically present in Singapore; or

(ii)

that promotes or gives publicity to, one or more end‑users physically present in Singapore,

any information or material included or otherwise on, or any service provided from, an online location; and

(b)

the online location is a proscribed online location with a Singapore link.

(3) Subsections (1) and (2) extend to a person who engages in any conduct described in that subsection outside Singapore.

(4) A person who is guilty of an offence under subsection (1) or (2) 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; or

(b)

in any other case, to a fine not exceeding $500,000.

(5) Where a person is charged with an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person —(a)

did not know, and could not with reasonable diligence have ascertained, that the online location was a proscribed online location and had a Singapore link; and

(b)

took the prescribed steps to ensure that any information or material included or otherwise on, or any service provided from, the online location because of the accused’s advertising dealing, is not accessible by, or not delivered to, one or more end‑users physically present in Singapore after the online location becomes a proscribed online location.

(6) However, in any proceeding for an offence under subsection (1) or (2), it is not a defence for the accused to show that —(a)

the accused did the act in question at the direction of another person; or

(b)

the information or material was accessible by, or delivered to, one or more end‑users physically present in Singapore through an automated process without the accused choosing where the information or material or service is communicated or delivered, except as an automatic response to the request of a person.

(7) It is also not a defence to a charge for an offence under this section that the accused is subject to any duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with this section or restricts the person in such compliance.

(8) In this section, an advertising dealing means an arrangement under which a party to the arrangement agrees to publish, in the course of business, information or material in exchange for valuable consideration.