Operating proscribed online location
Open ↗39.—(1) A person commits an offence if —(a)
the person is a proprietor of a proscribed online location, whether or not in the course of business; and
(b)
the person invites, solicits or otherwise procures the giving of any benefit —(i)
for, or purportedly for, meeting any expenditure to operate the proscribed online location; or
(ii)
in exchange, or purportedly in exchange, for services provided on or from the proscribed online location.Illustrations
Offering advertising space on the proscribed online location for a price.
Receiving any consideration for the sale of advertising space on the proscribed online location.
Collecting subscriptions for access to any part of the online location.
Inviting donations to support the online location.
(2) Subsection (1) extends to a person who engages in any conduct described in that subsection outside Singapore.
(3) A person who is guilty of an offence under subsection (1) 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; or
(b)
in any other case, to a fine not exceeding $500,000.
(4) However, where a court convicts any person of an offence under subsection (1), the court must, in addition to imposing on that person the punishment in subsection (3), order the person to pay as a penalty, within the time specified by the court, a sum equal to the amount of any benefit received in the commission of the offence or the amount that in the court’s opinion is the value of that benefit; and any such penalty is recoverable as a fine.
(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 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.
(6) For the purposes of subsection (5), a person could not, with reasonable diligence, have ascertained that an online location of which the person is proprietor has a Singapore link, if the person had —(a)
required every end‑user accessing the online location to provide his or her personal particulars and those particulars suggested that the end‑user was not physically present in Singapore;
(b)
required end‑users to enter into contracts that were subject to an express condition that the end‑user was not to access the online location for any service if the end‑user was physically present in Singapore;
(c)
informed prospective end‑users that Singapore law prohibits the provision of access, or any service on or from, the online location to end‑users who are physically present in Singapore; and
(d)
taken such other measures as far as reasonably practicable to ensure that the online location did not, or could not reasonably have, a Singapore link.
(7) However, it is 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) For the purposes of this Division, an online location has a Singapore link if any information or material included or otherwise on, or any service provided from the online location, is accessible by, or delivered to, one or more end‑users physically present in Singapore.
Providing support to proscribed online location
Open ↗40.—(1) A person commits an offence if —(a)
the person, whether in or outside Singapore, expends or applies any property knowing or having reason to believe that the expenditure or application supports, helps or promotes the publishing in Singapore of any information or material on an online location;
(b)
the person knows or ought reasonably to know that the online location is a proscribed online location; and
(c)
the person knows or has reason to believe that the information or material published in Singapore on that online location —(i)
is or is likely to be prejudicial to the security of Singapore or any part of Singapore;
(ii)
is or is likely to be prejudicial to public health, public safety, public tranquillity or public finances;
(iii)
is or is likely to be prejudicial to the friendly relations of Singapore with other countries;
(iv)
incites or is likely to incite feelings of enmity, hatred or ill‑will between different groups of people in Singapore which may endanger the public peace and public order of Singapore;
(v)
diminishes or is likely to diminish public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government or a public authority, or a part of the Government or public authority; or
(vi)
is or is likely to be directed towards a political end in Singapore.
(2) A person who is guilty of an offence under subsection (1) 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 3 years or to both; or
(b)
in any other case, to a fine not exceeding $500,000.
(3) However, subsection (1) does not apply to a service provider or a digital advertising intermediary which gives any consideration for the purpose of communicating any paid content in Singapore on the declared online location.
(4) In this section, “property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property.
Advertising dealings concerning proscribed online location
Open ↗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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
