Part 2 direction — general
6.—(1) A designated officer may give one or more Part 2 directions in respect of online activity if the designated officer —(a)
reasonably suspects that a specified offence has been committed and that any online activity is in furtherance of the commission of the offence; or
(b)
suspects or has reason to believe that any online activity is preparatory to, or in furtherance of, the commission of a scam or malicious cyber activity offence.
(2) A Part 2 direction may be given to —(a)
any individual whether or not a resident or citizen of Singapore, whether physically present in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore; or
(b)
any entity whether formed, constituted or registered in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore.
(3) A Part 2 direction may direct a person to do an act or to not do an act, whether in Singapore or outside Singapore.
Part 2 direction — given to whom
7. The Part 2 directions and the persons to whom they may be given are listed in the table below:Direction
Recipient may be
1.
Stop communication direction
A person who has control of the relevant material or the proprietor of the relevant location.
2.
Disabling direction
The provider of an online service, excluding an internet access service or app distribution service.
3.
Access blocking direction
The provider of an internet access service.
4.
Account restriction direction
The provider of an online service, excluding an internet access service or app distribution service.
5.
App removal direction
The provider of an app distribution service.
Stop communication direction — content
8. A stop communication direction is a direction requiring the recipient to take all reasonable steps to do one or more of the following, and by the time, specified in the direction, such that the relevant material, online material similar to it or the relevant location (as the case may be) cannot be accessed by Singapore persons:(a)
to remove the relevant material;
(b)
to stop storing, posting, providing or transmitting any online material similar to the relevant material;
(c)
to disable access to the relevant location.
Disabling direction — content
9. A disabling direction is a direction requiring the recipient to take all reasonable steps to disable access by Singapore persons to one or more of the following, and by the time, specified in the direction:(a)
any relevant material stored, posted, provided or transmitted on or through the recipient’s online service;
(b)
any identical copies of the relevant material stored, posted, provided or transmitted on or through the recipient’s online service;
(c)
any relevant location on the recipient’s online service.
Access blocking direction — content
10. An access blocking direction is a direction requiring the recipient to take all reasonable steps to disable access by Singapore persons by means of the recipient’s internet access service to any relevant material or relevant location, by the time specified in the direction.
Account restriction direction — content
11.—(1) An account restriction direction is a direction requiring the recipient to take all reasonable steps to disallow or restrict interaction between any relevant account on the recipient’s online service and Singapore persons, by the time specified in the direction.
(2) Reasonable steps may include the termination, suspension or restriction of one or more functionalities of the online service in relation to the relevant account if this is necessary to comply with subsection (1).
App removal direction — content
12. An app removal direction is a direction requiring the recipient to take all reasonable steps to stop distributing a relevant app to Singapore persons and stop enabling Singapore persons to download a relevant app, by means of the recipient’s app distribution service, by the time specified in the direction.
Part 2 direction — supplementary provisions
13.—(1) A Part 2 direction may be given to a person either individually or as a class.
(2) A Part 2 direction is binding on —(a)
the recipient; and
(b)
if applicable, the personal representatives, successors and assignees of the recipient to the same extent as it applies to the recipient.
(3) It is not necessary to give any person who may be affected by a Part 2 direction a chance to be heard before the direction is given.
(4) A Part 2 direction must —(a)
so far as is reasonably practicable, identify the relevant account, relevant app, relevant material or relevant location (as the case may be) to which the direction relates in a way that is sufficient to enable the person given the direction to comply with the direction;
(b)
state whether the recipient must do all or any of the following, whichever being applicable:(i)
notify the competent authority by the time specified in the direction of the means by which the person proposes to comply with the direction;
(ii)
keep information about the matters that are the subject of the direction for a time specified in the direction;
(iii)
regularly notify the competent authority at the times specified in the direction about the steps being taken towards compliance with the direction;
(iv)
give written notice to the competent authority when the person has complied with the direction; and
(c)
state that it is an offence under this Act to fail to comply with the direction.
(5) The recipient of a Part 2 direction must comply with the Part 2 direction until the earlier of the following occurs:(a)
the expiry date and time (if any) stated in the direction is reached;
(b)
the Part 2 direction is cancelled or substituted under section 14(1) or 17(1), or cancelled under section 41(3).
(6) An access blocking direction may specify that relevant materials or relevant locations, or both (as the case may be) will be identified and the identities thereof transmitted to the recipient, from time to time, by the recipient’s chosen means of identification.
(7) An access blocking direction described in subsection (6) that has been given to the recipient is deemed to be given in relation to any relevant material or relevant location that is subsequently identified and the identity of which is transmitted to the recipient by the recipient’s chosen means of identification, when data identifying the relevant material or the relevant location (as the case may be) becomes accessible by the recipient by that means.
(8) An access blocking direction described in subsection (6) is deemed to be cancelled (in relation to any relevant material or relevant location that was identified and the identity of which was transmitted to the recipient by the recipient’s chosen means of identification) when the data identifying the relevant material or relevant location is no longer accessible by the recipient by that means, and in such a case no written notice of the cancellation needs to be given to the recipient.
Part 2 direction — self-initiated cancellation or substitution
14.—(1) A designated officer may at any time, on his or her own initiative —(a)
cancel a Part 2 direction; or
(b)
substitute a Part 2 direction with another Part 2 direction.
(2) Where a Part 2 direction is cancelled under subsection (1)(a), written notice of the cancellation must be given to every person who has been given that Part 2 direction.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
