Authorisation by Minister for direction to be given
20.—(1) The Minister may authorise the competent authority to give one or more Part 3 directions as specified by the Minister in the authorisation where, in the opinion of the Minister —(a)
there is undertaking of online communications activity, or online communications activity has been undertaken — (i)
wholly or partly in Singapore;
(ii)
wholly or partly on a Singapore aircraft or Singapore vessel, whether the aircraft or vessel is in or outside Singapore at the time of the conduct; or
(iii)
wholly outside Singapore;
(b)
the online communications activity is or has been undertaken, or is suspected of being or having been undertaken, by or on behalf of a foreign principal;
(c)
the online communications activity results in any information or material being published in Singapore; and
(d)
it is in the public interest to authorise the giving of that or those Part 3 direction or directions, after having regard to the circumstances of the case.
(2) When authorised by the Minister under subsection (1), the competent authority must immediately give the Part 3 direction or directions specified in the authorisation.
(3) However, if any information or material was published in Singapore before the date of commencement of this section, subsection (1) does not apply to the information or material unless the information or material remains published in Singapore on or after that date.
Authorisation by Minister for anticipatory direction
21.—(1) The Minister may authorise the competent authority to give an anticipatory direction where the Minister —(a)
suspects or has reason to believe that a person is engaging in conduct —(i)
wholly or partly in Singapore;
(ii)
wholly or partly on a Singapore aircraft or Singapore vessel, whether the aircraft or vessel is in or outside Singapore at the time of the conduct; or
(iii)
wholly outside Singapore,
with the intention of preparing for, or planning to undertake, online communications activity by or on behalf of a foreign principal;
(b)
has reason to believe that, as a result of that online communications activity, information or material is likely to be published in Singapore; and
(c)
is of the opinion that it is in the public interest to authorise the giving of the anticipatory direction, after having regard to the circumstances of the case.
(2) When authorised by the Minister under subsection (1), the competent authority must immediately give the anticipatory direction specified in the authorisation.
(3) However, if any information or material was published in Singapore before the date of commencement of this section, subsection (1) does not apply to the information or material unless the information or material remains published in Singapore on or after that date.
(4) In this section, an anticipatory direction is any of the following:(a)
a technical assistance direction;
(b)
an account restriction direction.
Self‑initiated cancellation or variation of authorisation
22.—(1) The Minister may at any time, on his or her own initiative —(a)
cancel any authorisation made under section 20(1), 21(1) or 23(3)(b) or (c); or
(b)
substitute any authorisation made under section 20(1), 21(1) or 23(3)(b) or (c) with another authorisation that the Minister might have made under section 20 or 21.
(2) Section 21(2) applies to a decision made under subsection (1)(b).
(3) Where the Minister makes a decision under subsection (1)(a), the competent authority must give written notice of the cancellation of the authorisation to every person who had been given a Part 3 direction pursuant to that cancelled authorisation.
Reconsideration by Minister of authorisation
23.—(1) Where any Part 3 direction is given by the competent authority pursuant to an authorisation under section 20(1), 21(1) or 22(1)(b), the person to whom the direction is given may apply to the Minister for reconsideration of the authorisation and any of the Part 3 directions specified in that authorisation.
(2) An application under subsection (1) by a person to whom a Part 3 direction is given must be made —(a)
in a prescribed manner; and
(b)
before the expiry of the time specified in the Part 3 direction, being a time not later than the 30th day after the direction was given.
(3) Upon receiving an application under subsection (1) for reconsideration, the Minister may —(a)
wholly cancel the authorisation under section 20(1), 21(1) or 22(1)(b), and every Part 3 direction specified in the authorisation, if the Minister is of the opinion that it is not in the public interest that the authorisation and such direction continue;
(b)
substitute the authorisation under section 20(1), 21(1) or 22(1)(b), which is the subject of the application (called the initial authorisation), with another authorisation that the Minister might have made under section 20 or 21; or
(c)
affirm the initial authorisation and every Part 3 direction specified in the initial authorisation.
(4) Sections 20 and 21 apply in the making of a decision under subsection (3).
(5) When a substitute authorisation is made by the Minister under subsection (3)(b), the competent authority must immediately give the Part 3 direction or directions specified in the substitute authorisation in the same manner required under sections 20 and 21.
(6) When an initial authorisation is cancelled by the Minister under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute authorisation is made under subsection (3)(b), the Minister must give notice (as the case may be) of —(a)
the cancellation or affirmation (as the case may be) to every person given a Part 3 direction under the initial authorisation; or
(b)
the making of a substitute authorisation to the person who applied for reconsideration of the initial authorisation.
Proscribed online location — declaration
24.—(1) The Minister may declare an online location with a Singapore link as a proscribed online location if a Part 3 direction (except a technical assistance direction or an app removal direction) is given in relation to any information or material included or otherwise on, or any service provided from, the online location.
(2) A declaration under this section ceases to have effect on a date specified, or worked out by a formula specified, in the declaration, which must not in any case be more than 2 years in total after the making of the declaration.
(3) Once a declaration is made and before the date it comes into effect, the competent authority must —(a)
publish a notice of the making of the declaration in a manner as will secure adequate publicity for the fact of making of the declaration —(i)
stating that a declaration has been made under this section; and
(ii)
setting out the URL, domain name, or any other unique identifier of the online location, to which the declaration relates; and
(b)
make reasonable efforts to give a copy of the declaration to the proprietor of the proscribed online location.
(4) However, failure to publish a notice under subsection (3) in respect of any declaration does not invalidate the declaration.
Self‑initiated revocation or variation of declaration
25.—(1) The Minister may at any time, on his or her own initiative —(a)
revoke any declaration made under section 24(1); or
(b)
substitute any declaration made under section 24(1) or 26(3)(b) or (c) with another declaration that the Minister might have made under section 24.
(2) Section 24(3) and (4) applies to a decision made under this section.[Act 8 of 2023 wef 01/06/2023]
Reconsideration by Minister of declaration of proscribed online location
26.—(1) After an online location with a Singapore link is declared under section 24 or 25(1)(b) as a proscribed online location, any proprietor of that online location may apply to the Minister for a reconsideration of the declaration.
(2) An application under subsection (1) by a proprietor of an online location must be made —(a)
in a prescribed manner; and
(b)
not later than the 30th day after the declaration takes effect.
(3) Upon receiving an application under subsection (1), the Minister may —(a)
wholly revoke the declaration under section 24 or 25(1)(b);
(b)
substitute the declaration under section 24 or 25(1)(b) which is the subject of the application (called the initial declaration), with another declaration for a shorter period that the Minister might have made under section 24; or
(c)
affirm the initial declaration.
(4) Section 24 applies in the making of a decision under subsection (3).
(5) When an initial declaration is revoked by the Minister under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute declaration is made under subsection (3)(b), the Minister must give notice (as the case may be) of —(a)
the revocation or affirmation (as the case may be) to every proprietor of the online location in question; or
(b)
the making of a substitute declaration to the person who applied for reconsideration of the initial declaration.
(6) When a declaration is revoked by the Minister under subsection (3)(a), the competent authority must cause the giving of notice of the revocation —(a)
in the same manner in which the notice of the making of the declaration was first given; or
(b)
in a manner as will secure adequate publicity or notice to the proprietor (or both) for the fact of the revocation.
(7) When an initial declaration is affirmed under subsection (3)(c), the competent authority must cause the giving of notice of the affirmation —(a)
in the same manner in which the notice of the making of the initial declaration was first given; or
(b)
in a manner as will secure adequate publicity or notice to the proprietor (or both) for the fact of the affirmation.
(8) However, failure to publish a notice under subsection (6) or (7) in respect of any declaration does not invalidate the revocation of the declaration or the initial declaration affirmed.
Public notice of revocation of declaration
27.—(1) Where a declaration under section 24, 25(1)(b) or 26(3)(b) or (c) is revoked under this Act, the competent authority must give notice of the revocation —(a)
in the same manner in which the notice of the making of the declaration was first given; or
(b)
in a manner as will secure adequate publicity or notice to the proprietor (or both) for the fact of the revocation.
(2) However, failure to publish a notice under subsection (1) in respect of any declaration does not invalidate the revocation of the declaration.
Authorisation regardless of offence
28. To avoid doubt, sections 20, 21, 22, 23, 24, 25 and 26 apply —(a)
whether or not an offence under section 17, 18, 19, 39 or 40 is committed;
(b)
whether or not a person engages in the conduct in preparation for, or planning, a specific offence under section 17, 18, 19, 39 or 40; and
(c)
whether or not a person engages in the conduct in preparation for, or planning, more than one such offence.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
