§ 45 — Offence of non‑compliance with directions

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

is given a Part 3 direction; and

(b)

without reasonable excuse, fails to comply with the direction whether in or outside Singapore.

(2) A person who is guilty of an offence under subsection (1) involving a stop communication (end‑user) direction, a Class 1 must‑carry direction, a disgorgement direction, or a technical assistance direction given to a proprietor of an online location, 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.

(3) A person who is guilty of an offence under subsection (1) involving a Class 2 or Class 3 must‑carry direction, a remedial must-carry direction, an account restriction direction, a disabling direction, or a service restriction direction, or a technical assistance direction given to a person (except a proprietor of an online location), 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.[Act 8 of 2023 wef 01/06/2023]

(4) A person who is guilty of an offence under subsection (1) involving a Class 4 must‑carry direction shall be liable on conviction —(a)

if the person is an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 4 years or to both; and

(b)

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

(5) A person who is guilty of an offence under subsection (1) involving an access blocking direction or app removal direction shall be liable on conviction to a fine not exceeding $20,000 for every day or part of a day the person, without reasonable excuse, fails to comply with the direction but not exceeding in total $500,000.

(6) 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 direction under this Part or restricts the person in such compliance; or

(b)

the person has made an application under section 23 or 26, or an appeal under section 92, regarding the authorisation in which the giving of the direction is specified.

(7) Without limiting the meaning of “reasonable excuse”, it is a defence to a charge under subsection (3) involving any Part 3 direction given to an accused that is one of the following:(a)

a provider of a social media service;

(b)

a provider of a relevant electronic service;

(c)

a provider of an internet access service with a Singapore link;

(d)

a provider of a hosting service;

(e)

a proprietor of an online location;

(f)

a provider of an app distribution service,

if the accused proves, on a balance of probabilities, that —

(g)

it was not reasonably practicable to do more than what was in fact done to comply with the Part 3 direction; or

(h)

there was no better practicable means than was in fact used to comply with the Part 3 direction.

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

is given a Part 3 direction; and

(b)

without reasonable excuse, fails to comply with the direction whether in or outside Singapore.

(2) A person who is guilty of an offence under subsection (1) involving a stop communication (end‑user) direction, a Class 1 must‑carry direction, a disgorgement direction, or a technical assistance direction given to a proprietor of an online location, 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.

(3) A person who is guilty of an offence under subsection (1) involving a Class 2 or Class 3 must‑carry direction, a remedial must-carry direction, an account restriction direction, a disabling direction, or a service restriction direction, or a technical assistance direction given to a person (except a proprietor of an online location), 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.[Act 8 of 2023 wef 01/06/2023]

(4) A person who is guilty of an offence under subsection (1) involving a Class 4 must‑carry direction shall be liable on conviction —(a)

if the person is an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 4 years or to both; and

(b)

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

(5) A person who is guilty of an offence under subsection (1) involving an access blocking direction or app removal direction shall be liable on conviction to a fine not exceeding $20,000 for every day or part of a day the person, without reasonable excuse, fails to comply with the direction but not exceeding in total $500,000.

(6) 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 direction under this Part or restricts the person in such compliance; or

(b)

the person has made an application under section 23 or 26, or an appeal under section 92, regarding the authorisation in which the giving of the direction is specified.

(7) Without limiting the meaning of “reasonable excuse”, it is a defence to a charge under subsection (3) involving any Part 3 direction given to an accused that is one of the following:(a)

a provider of a social media service;

(b)

a provider of a relevant electronic service;

(c)

a provider of an internet access service with a Singapore link;

(d)

a provider of a hosting service;

(e)

a proprietor of an online location;

(f)

a provider of an app distribution service,

if the accused proves, on a balance of probabilities, that —

(g)

it was not reasonably practicable to do more than what was in fact done to comply with the Part 3 direction; or

(h)

there was no better practicable means than was in fact used to comply with the Part 3 direction.