Part 4 — general
Open ↗19.—(1) The purpose of this Part is to counter the commission of offences specified in the Second Schedule by —(a)
promoting or requiring good practices by a designated provider against the commission of offences within a related offence group of its designated online service; and
(b)
requiring a designated provider to implement appropriate systems, processes or measures for one or more of the purposes set out in the Third Schedule in relation to a related offence group of its designated online service.
(2) The online service of an online service provider may be designated under section 20, and a code application notice, a rectification notice or an implementation directive may be given to a designated provider —(a)
whether or not the designated provider (being an individual) is a resident or citizen of Singapore, whether he or she is physically present in Singapore or outside Singapore, and whether he or she is carrying on a business or operating in Singapore or outside Singapore; or
(b)
whether the designated provider (being an entity) is formed, constituted or registered in Singapore or outside Singapore, and whether it is carrying on a business or operating in Singapore or outside Singapore.
(3) A code of practice, a rectification notice or an implementation directive may require a person to do an act or to not do an act, whether in Singapore or outside Singapore.
(4) A requirement of a code of practice has effect despite —(a)
a duty of confidentiality or privacy imposed by any rule of law; or
(b)
a duty imposed by any contract or any rule of professional conduct,
that would otherwise prevent or restrict the person from complying with the requirement.
Designated online service and related offence group
Open ↗20.—(1) The competent authority may designate an online service of an online service provider as a designated online service in relation to one or more offence groups, if the competent authority is satisfied that —(a)
the online service is or is likely to be used in the facilitation or commission of any offence or offences within that offence group or each of those offence groups; and
(b)
the online service or any online activity conducted on or through the online service can be accessed by Singapore persons.
(2) The competent authority must give a notice of the designation to the provider of the designated online service, identifying the designated online service and specifying the related offence group or groups of the designated online service and the date the designation takes effect.
(3) The designation of a designated online service in relation to a related offence group under subsection (1) may be revoked at any time by the competent authority; and the competent authority must give a notice of the revocation to the provider of the designated online service concerned.
(4) In subsection (1), a reference to facilitation of an offence includes conducting any online activity on or through the online service, where the activity is preparatory to, or in furtherance of, the commission of the offence.
Codes of practice — issue by competent authority
Open ↗21.—(1) The competent authority may, for the purpose mentioned in section 19, issue one or more codes of practice applicable to —(a)
any type of online service in relation to any offence group; or
(b)
a particular designated provider’s service in relation to any related offence group of that service.
(2) The competent authority may at any time —(a)
vary a code of practice (including by adding anything to it); or
(b)
revoke a code of practice.
(3) If any provision in a code of practice is inconsistent with any provision of this Act, that provision —(a)
has effect subject to this Act; or
(b)
having regard to this Act and the regulations, has no effect.
(4) A code of practice issued under this section does not have legislative effect.
Code application notice
Open ↗22.—(1) The competent authority may give notice to a designated provider that a code of practice applies to the designated provider’s service only if —(a)
the code of practice is one that is specifically applicable to the designated provider’s service in relation to any related offence group of that service; or
(b)
where the code is one that is generally applicable to a type of online service in relation to any offence group —(i)
the designated provider’s service is of that type; and
(ii)
the offence group is a related offence group of the designated provider’s service.
(2) The code application notice must identify the designated provider’s service, the related offence group to which the code of practice relates and the date of application of the code of practice.
(3) The competent authority may, for such time as the competent authority may specify, waive the application of a code of practice (or any part of the code of practice) to a designated provider.
(4) The competent authority may at any time, on the competent authority’s own initiative, cancel a code application notice, and must give written notice of the cancellation to the designated provider that was given the code application notice.
(5) Subject to this section and section 21(3), the designated provider must take all reasonably practicable steps to comply with every code of practice applicable to the designated provider’s service.
Rectification notice
Open ↗23.—(1) If, whether upon a review of a report given pursuant to a code of practice or otherwise, the competent authority is of the opinion that a designated provider has not complied with any part of a code of practice that applies to the designated provider’s service, the competent authority may give the designated provider a notice to rectify the non‑compliance with the code within the permitted time.
(2) A rectification notice under subsection (1) must set out —(a)
details of the non-compliance with the code of practice; and
(b)
the time within which the non-compliance must be rectified.
(3) The competent authority may extend the time within which the non‑compliance identified in the notice must be rectified.
(4) In subsection (1), “permitted time” means the time within which the non‑compliance must be rectified as set out in the notice or, if the time has been extended under subsection (3), the extended time notified to the designated provider.
Implementation directive
Open ↗24.—(1) The competent authority may give a designated provider a directive to implement any system, process or measure, within the permitted time, if the competent authority is satisfied that the system, process or measure is necessary or expedient for the furtherance of the purpose in section 19.
(2) An implementation directive must set out —(a)
details of the system, process or measure to be implemented; and
(b)
the time within which the system, process or measure must be implemented.
(3) The competent authority may extend the time within which the system, process or measure specified in the implementation directive must be implemented.
(4) In subsection (1), “permitted time” means the time within which the system, process or measure must be implemented as set out in the implementation directive or, if the time has been extended under subsection (3), the extended time notified to the designated provider.
(5) The competent authority may at any time, on the competent authority’s own initiative —(a)
cancel an implementation directive; or
(b)
substitute an implementation directive with another implementation directive.
(6) Where an implementation directive is cancelled under subsection (5)(a), written notice of the cancellation must be given to the designated provider that has been given that directive.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
