Protection from Online Falsehoods and Manipulation Act 2019

Sections (62)

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• § 1 — Short title

  1. This Act is the Protection from Online Falsehoods and Manipulation Act 2019.

• § 10 — Conditions for issue of Part 3 Directions

  10.—(1) Any Minister may instruct the Competent Authority to issue a Part 3 Direction if all of the following conditions are satisfied:(a) a false statement of fact (called in this Part the subject statement) has been or is being communicated in Singapore; (b) the Minister is of the opinion that it

• § 11 — Correction Direction

  11.—(1) A Correction Direction is one issued to a person who communicated the subject statement in Singapore, requiring the person to communicate in Singapore in the specified form and manner, to a specified person or description of persons (if any), and by the specified time, a notice (called in th

• § 12 — Stop Communication Direction

  12.—(1) A Stop Communication Direction is one issued to a person who communicated the subject statement in Singapore, requiring the person to stop communicating in Singapore the subject statement by the specified time.(2) A Stop Communication Direction may also require the person to whom it is issue

• § 13 — Provisions applicable to all Part 3 Directions

  13.—(1) A Part 3 Direction may be issued to a person whether the person is in or outside Singapore.(2) A Part 3 Direction may require the person to whom it is issued to do an act in or outside Singapore. (3) A Part 3 Direction must identify the subject statement in sufficient detail. (4) A Part 3

• § 14 — Service of Part 3 Directions

  14. A Part 3 Direction may be served by such means (including electronic means) as may be prescribed —(a) on the person to whom it is issued; or (b) on a person in Singapore that the person to whom it is issued has appointed to accept service on the person’s behalf.

• § 15 — Non-compliance with Part 3 Direction an offence

  15.—(1) A person to whom a Part 3 Direction is issued and served and who, without reasonable excuse, fails to comply with the Direction whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction —(a) in the case of an individual, to a fine not exceeding $20,000

• § 16 — Access blocking order

  16.—(1) This section applies where —(a) a person fails to comply with a Part 3 Direction; (b) the subject statement is being communicated in Singapore by the person on an online location; and (c) the Minister is satisfied that one or more end‑users in Singapore have used or are using the services

• § 17 — Appeals to General Division of High Court

  17.—(1) A person to whom a Part 3 Direction is issued may appeal to the General Division of the High Court against the Direction.[40/2019] (2) No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister mentioned in section 19 to

• § 18 — Other causes of action not affected

  18. The issue of a Part 3 Direction in relation to the subject statement does not affect any power or right of any person (including a Minister, the Competent Authority or the Government) to take any action under this Act or any other law in relation to that statement, or the power of the Public Pro

• § 19 — Variation or cancellation of Part 3 Direction

  19.—(1) The Minister who instructed the Competent Authority to issue a Part 3 Direction may at any time instruct the Competent Authority to vary or cancel the Part 3 Direction, by serving a written notice on the person to whom the Direction is issued.(2) The Minister who instructed the Competent Aut

• § 2 — General interpretation

  2.—(1) In this Act, unless the context otherwise requires —“Account Restriction Direction” means a direction issued under section 40; “appellate court”, in relation to an appeal from a decision of the General Division of the High Court under this Act, means the court to which the appeal is to be ma

• § 20 — Conditions for issue of Part 4 Directions

  20.—(1) Any Minister may instruct the Competent Authority to issue a Part 4 Direction if all of the following conditions are satisfied:(a) material (called in this Part the subject material) that contains or consists of a false statement of fact (called in this Part the subject statement) has been o

• § 21 — Targeted Correction Direction

  21.—(1) A Targeted Correction Direction is one issued to the internet intermediary that provided the internet intermediary service by means of which the subject material has been or is being communicated in Singapore, requiring it to communicate by means of that service to all end‑users in Singapore

• § 22 — Disabling Direction

  22.—(1) A Disabling Direction is one issued to the internet intermediary that provided the internet intermediary service by means of which the subject material has been or is being communicated in Singapore, requiring it to disable access by end‑users in Singapore to the subject material provided on

• § 23 — General Correction Direction

  23.—(1) A General Correction Direction is one issued to one of the following persons to carry out an act mentioned in subsection (2):(a) a prescribed internet intermediary; (b) a prescribed holder of a permit under section 21 of the Newspaper and Printing Presses Act 1974; (c) a prescribed broadca

• § 24 — Correction notices must be easily perceived

  24.—(1) A person required by a Targeted Correction Direction, Disabling Direction or General Correction Direction to communicate in Singapore, publish, broadcast, transmit by means of a telecommunication service, or give, a correction notice must ensure that it is easily perceived.(2) For the purpos

• § 25 — Provisions applicable to all Part 4 Directions and Remedial Orders

  25.—(1) A Part 4 Direction or Remedial Order may be issued to a person whether the person is in or outside Singapore.(2) A Part 4 Direction or Remedial Order may require a person to whom it is issued to do an act in or outside Singapore. (3) A Part 4 Direction must identify in sufficient detail the

• § 26 — Service of Part 4 Directions and Remedial Orders

  26. A Part 4 Direction or Remedial Order may be served by such means (including electronic means) as may be prescribed —(a) on the person to whom it is issued; or (b) on a person in Singapore that the person to whom the Part 4 Direction or Remedial Order is issued has appointed to accept service on

• § 27 — Non-compliance with Part 4 Direction or Remedial Order an offence

  27.—(1) A person to whom a Part 4 Direction or Remedial Order is issued and served and who, without reasonable excuse, fails to comply with the Direction or Order whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction —(a) in the case of an individual, to a

• § 28 — Access blocking order

  28.—(1) This section applies where —(a) a person that is an internet intermediary fails to comply with a Part 4 Direction or Remedial Order; (b) the subject material is being communicated in Singapore on an online location; and (c) the Minister is satisfied that one or more end‑users in Singapore

• § 29 — Appeals to General Division of High Court

  29.—(1) The following persons may appeal to the General Division of the High Court against any Part 4 Direction:(a) the person to whom the Direction is issued; (b) a person who communicated in Singapore the subject material.[40/2019] (2) No appeal may be made to the General Division of the High Co

• § 3 — Meaning of “communicate”

  3.—(1) In this Act other than in Part 2, a statement or material is communicated in Singapore if it is made available to one or more end‑users in Singapore on or through the internet.(2) In Part 2, a statement is communicated in Singapore if it is made available to one or more end‑users in Singapore

• § 30 — Other causes of action not affected

  30. The issue of a Part 4 Direction or Remedial Order in relation to any material does not affect any power or right of any person (including a Minister, the Competent Authority or the Government) to take any action under this Act or any other law in relation to the subject statement, or the power o

• § 31 — Variation or cancellation of Part 4 Direction or Remedial Order

  31.—(1) The Minister who instructed the Competent Authority to issue a Part 4 Direction or Remedial Order may at any time instruct the Competent Authority to vary or cancel the Part 4 Direction or Remedial Order, by serving a written notice on the person to whom the Direction or Order is issued.(2)

• § 32 — Declared online locations

  32.—(1) The Minister may declare an online location as a declared online location if all of the following conditions are satisfied:(a) 3 or more different statements that are the subject of one or more active Part 3 Directions or Part 4 Directions, or both, have been or are being communicated in Sin

• § 33 — Access blocking order

  33.—(1) This section applies where —(a) paid content included on a declared online location is communicated in Singapore after a prescribed period starting on the date the Declaration concerned came into effect; and (b) the Minister is satisfied that after the date the Declaration came into effect,

• § 34 — Order to internet intermediary to disable access to declared online location

  34.—(1) This section applies where —(a) paid content included on a declared online location is communicated in Singapore after a prescribed period starting on the date the Declaration concerned came into effect; (b) the Minister is satisfied that after the date the Declaration came into effect, one

• § 35 — Appeals to General Division of High Court

  35.—(1) The following persons may appeal to the General Division of the High Court against a Declaration:(a) the owner or operator of the declared online location; (b) any person with editorial control over the online location.[40/2019] (2) No appeal may be made to the General Division of the High

• § 36 — Deriving benefit from operating declared online location

  36.—(1) A person who, whether in or outside Singapore, solicits, receives or agrees to receive any financial or other material benefit as an inducement or reward for operating a declared online location shall be guilty of an offence and shall be liable on conviction —(a) in the case of an individual

• § 37 — Certain persons must not communicate in Singapore paid content on declared online locations, etc.

  37.—(1) A service provider must take reasonable steps (both in and outside Singapore) to ensure that after a prescribed period starting on the date the Declaration comes into effect, any paid content that it includes or causes to be included on a declared online location is not communicated in Singa

• § 38 — Prohibition on providing financial support to declared online locations

  38.—(1) A person must not, whether in or outside Singapore, expend or apply any property knowing or having reason to believe that the expenditure or application supports, helps or promotes the communication of false statements of fact in Singapore on a declared online location.(2) Subsection (1) doe

• § 39 — Sections 36, 37 and 38 have effect despite other laws, etc.

  39.—(1) It is not a defence to a charge under section 36, 37 or 38 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 that section or restricts the person in such compliance.(2

• § 4 — Meaning of “in the public interest”

  4. For the purposes of this Act and without limiting the generality of the expression, it is in the public interest to do anything if the doing of that thing is necessary or expedient —(a) in the interest of the security of Singapore or any part of Singapore; (b) to protect public health or public

• § 40 — Account Restriction Direction

  40.—(1) If the conditions in subsection (2) are satisfied, any Minister may instruct the Competent Authority to issue a direction to a prescribed internet intermediary requiring it to do one or both of the following:(a) disallow its services from being used to communicate any statement in Singapore

• § 41 — Service of Account Restriction Directions

  41. An Account Restriction Direction may be served by such means (including electronic means) as may be prescribed —(a) on the prescribed internet intermediary to whom it is issued; or (b) on a person in Singapore that the prescribed internet intermediary has appointed to accept service on the inte

• § 42 — Non-compliance with Account Restriction Direction an offence

  42.—(1) A prescribed internet intermediary to whom an Account Restriction Direction is issued and served, and who, without reasonable excuse, fails to comply with the Direction whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction —(a) in the case of an ind

• § 43 — Access blocking order

  43.—(1) This section applies where —(a) an internet intermediary fails to comply with an Account Restriction Direction; (b) either —(i) the subject statement was or is being communicated in Singapore on an online location; or (ii) the subject behaviour took place or is taking place on an online lo

• § 44 — Appeals to General Division of High Court

  44.—(1) The following persons may appeal to the General Division of the High Court against an Account Restriction Direction:(a) the prescribed internet intermediary to whom the Direction is issued; (b) the holder of the specified online account or any other person with control over the specified on

• § 45 — Other causes of action not affected

  45. The issue of a Direction in relation to an inauthentic online account does not affect any power or right of any person (including a Minister, the Competent Authority or the Government) to take any other action under this Act or any other law in relation to that account, or the power of the Publi

• § 46 — Variation or cancellation of Account Restriction Direction

  46.—(1) The Minister who instructed the Competent Authority to issue an Account Restriction Direction may at any time instruct the Competent Authority to vary or cancel an Account Restriction Direction, by serving a written notice on the prescribed internet intermediary to whom the Direction is issu

• § 47 — Prescribed digital advertising intermediary or internet intermediary to disable access in Singapore to certain paid content

  47.—(1) A prescribed digital advertising intermediary or prescribed internet intermediary must take reasonable steps (both in and outside Singapore) to ensure that it does not, when acting as a digital advertising intermediary or an internet intermediary, facilitate the communication in Singapore of

• § 48 — Codes of practice

  48.—(1) The Competent Authority may issue one or more codes of practice applicable to one or both of the following:(a) prescribed digital advertising intermediaries or prescribed types of digital advertising intermediaries; (b) prescribed internet intermediaries or prescribed types of internet inte

• § 49 — Appeals to Minister

  49.—(1) Any digital advertising intermediary or internet intermediary who is aggrieved by anything contained in a code of practice may appeal to the Minister.(2) An appeal under this section —(a) must be in writing; (b) must specify the grounds on which it is made; and (c) must be made within 14 d

• § 5 — Purpose of Act

  5. The purpose of this Act is —(a) to prevent the communication of false statements of fact in Singapore and to enable measures to be taken to counteract the effects of such communication; (b) to suppress the financing, promotion and other support of online locations that repeatedly communicate fal

• § 50 — Notice requiring compliance

  50.—(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 digital advertising intermediary or an internet intermediary (called in this section the intermediary) to whom a code of practice applies had not complied

• § 51 — Code of practice and section 50 notice have effect despite other laws, etc.

  51.—(1) A requirement of a code of practice or a notice under section 50 applicable to a digital advertising intermediary or an internet intermediary (called in this section the intermediary) has effect despite —(a) any duty of confidentiality or privacy imposed by any rule of law; or (b) any duty

• § 52 — Alternate authority for election period

  52.—(1) For the purposes of sections 16, 28, 32(1) and (8), 33, 34, 43, 47(2) and 54, a reference to the Minister during an election period is a reference to the alternate authority appointed by the Minister.(2) For the purposes of sections 10, 19, 20, 24(4), 31, 40 and 46, a reference to any Minist

• § 53 — Alternate authority for other periods

  53.—(1) The Minister or any Minister may appoint an alternate authority for such period, other than an election period, as may be specified.(2) Section 52(1) to (4) and (6) applies accordingly as if —(a) every reference to an alternate authority in those provisions is a reference to an alternate aut

• § 54 — Direction to appoint representative to accept service and access blocking order

  54.—(1) The Minister may instruct the Competent Authority to direct a person that satisfies such criteria as may be prescribed —(a) to appoint a person in Singapore to accept service of Part 3 Directions, Part 4 Directions, Remedial Orders, Account Restriction Directions or notices under section 50

• § 55 — Appointment of authorised officers

  55.—(1) The Minister may appoint such number of —(a) police officers; (b) public officers who are not police officers; and (c) employees of any statutory board, as the Minister considers appropriate to be authorised officers to administer this Act, either generally or for any particular provision

• § 56 — Powers of enforcement

  56. The Minister may, by written order, authorise an authorised officer to exercise all or any of the powers in relation to police investigations given by the Criminal Procedure Code 2010 as set out in the Schedule, and the provisions of that Code relating to such powers apply accordingly.

• § 57 — Composition of offences

  57.—(1) An authorised officer, authorised in writing by the Minister, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding one half of the amount of the maximum fine t

• § 58 — Offences by corporations

  58.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a) an officer, employee or agent of the corporation engaged in that conduct within the scope of the actual or apparent author

• § 59 — Offences by unincorporated associations or partnerships

  59.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a) an employee or agent of the unincorporated association or partnership engaged in that con

• § 6 — Appointment of Competent Authority

  6.—(1) For the purposes of this Act, the Minister may appoint as the Competent Authority —(a) a statutory board; or (b) the holder of any office in the service of Government or a statutory board. (2) The Competent Authority must give effect to the instructions of the Minister and any Minister wher

• § 60 — Jurisdiction of courts

  60.—(1) Where an offence under section 7, 8, 9, 15, 27, 32(6), 34(5), 36, 37, 38, 42, 47 or 50(3) is committed by a person outside Singapore, the person may be dealt with in respect of that offence as if it had been committed within Singapore.(2) Despite the Criminal Procedure Code 2010, a District

• § 61 — General exemption

  61. The Minister may, by order in the Gazette, exempt any person or class of persons from any provision of this Act.

• § 62 — Regulations

  62. The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.

• § 7 — Communication of false statements of fact in Singapore

  7.—(1) A person must not do any act in or outside Singapore in order to communicate in Singapore a statement knowing or having reason to believe that —(a) it is a false statement of fact; and (b) the communication of the statement in Singapore is likely to —(i) be prejudicial to the security of Sin

• § 8 — Making or altering bots for communication of false statements of fact in Singapore

  8.—(1) A person must not, whether in or outside Singapore, make or alter a bot with the intention of —(a) communicating, by means of the bot, a false statement of fact in Singapore; or (b) enabling any other person to communicate, by means of the bot, a false statement of fact in Singapore. (2) A

• § 9 — Providing services for communication of false statements of fact in Singapore

  9.—(1) A person who, whether in or outside Singapore, solicits, receives or agrees to receive any financial or other material benefit as an inducement or reward for providing any service, knowing that the service is or will be used in the communication of one or more false statements of fact in Sing