§ 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 Singapore on the online location;

(b)

at least 3 of those statements had first been communicated in Singapore on the online location within 6 months before the date the Declaration is made.

(2) For the purpose of subsection (1)(a), a statement is different from another if it is different in a material particular from that other statement.

(3) A Declaration —(a)

must contain the Universal Resource Locator (URL), domain name, or any other unique identifier of the online location;

(b)

must reproduce the relevant Directions;

(c)

must state the date the Declaration comes into effect;

(d)

must state the date of the Declaration’s expiry or a formula by which that date may be worked out, which must not be later than 2 years after the date in paragraph (c);

(e)

may state the time on that date the Declaration is to expire or a formula by which that time may be worked out;

(f)

may require the owner or operator of the online location (whether or not he or she is in or outside Singapore) to communicate in the specified manner in Singapore to any end‑user who accesses the online location, a notice in the specified terms that the online location is the subject of a Declaration; and

(g)

must contain such other particulars as may be prescribed.

(4) A Declaration expires —(a)

on the date and at the time (if any) stated in, or worked out in accordance with, the Declaration; or

(b)

on the date it is cancelled or set aside,

whichever is earlier.

(5) As soon as possible after a Declaration is made and before the date it comes into effect, the Competent Authority must —(a)

publish, in such form and manner as may be prescribed, a notice in the Gazette —(i)

stating that a Declaration has been issued 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 owner or operator of the declared online location.

(6) The owner or operator of a declared online location who fails to comply with any requirement mentioned in subsection (3)(f) 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 $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.

(7) It is a defence to a charge under subsection (6) for the accused to prove that the accused did not know and had no reason to believe that a Declaration was made in relation to the online location.

(8) The Minister may at any time suspend a Declaration for such period as the Minister may determine, or vary or cancel a Declaration.

(9) The Minister may suspend, vary or cancel a Declaration —(a)

on the Minister’s own initiative; or

(b)

on an application by —(i)

the owner or operator of the declared online location; or

(ii)

any person with editorial control over the online location.

(10) As soon as possible after a Declaration is suspended, varied or cancelled, the Competent Authority must —(a)

publish, in such form and manner as may be prescribed, a notice of the suspension, variation or cancellation in the Gazette; and

(b)

make reasonable efforts to give a copy of such notice to the owner or operator of the declared online location.

(11) Regulations may be made under section 62 to prescribe the reasonable efforts required to be made under subsections (5)(b) and (10)(b).

(12) For the purposes of subsection (1) —(a)

“active”, in relation to a Part 3 Direction or Part 4 Direction, means that the Part 3 Direction or Part 4 Direction (as the case may be) has not been set aside at the time the Declaration mentioned in subsection (1) is made;

(b)

where a statement of fact is communicated in Singapore on —(i)

an online location bearing a sub‑domain name that is part of a domain name; or

(ii)

a sub‑directory of a website,

the Minister may treat the statement as being communicated on the online location that bears that domain name, or on that website, as the case may be; and

Examples

(a) The Minister may treat a statement communicated on abc.example.com as being communicated on example.com.

(b) The Minister may treat a statement communicated on www.example.com/abc as being communicated on www.example.com.

(c)

where the statements mentioned in subsection (1) are duplicated on another online location (called in this paragraph the mirrored location), each mirrored location is to be regarded as part of the original online location.

—(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 Singapore on the online location;

(b)

at least 3 of those statements had first been communicated in Singapore on the online location within 6 months before the date the Declaration is made.

(2) For the purpose of subsection (1)(a), a statement is different from another if it is different in a material particular from that other statement.

(3) A Declaration —(a)

must contain the Universal Resource Locator (URL), domain name, or any other unique identifier of the online location;

(b)

must reproduce the relevant Directions;

(c)

must state the date the Declaration comes into effect;

(d)

must state the date of the Declaration’s expiry or a formula by which that date may be worked out, which must not be later than 2 years after the date in paragraph (c);

(e)

may state the time on that date the Declaration is to expire or a formula by which that time may be worked out;

(f)

may require the owner or operator of the online location (whether or not he or she is in or outside Singapore) to communicate in the specified manner in Singapore to any end‑user who accesses the online location, a notice in the specified terms that the online location is the subject of a Declaration; and

(g)

must contain such other particulars as may be prescribed.

(4) A Declaration expires —(a)

on the date and at the time (if any) stated in, or worked out in accordance with, the Declaration; or

(b)

on the date it is cancelled or set aside,

whichever is earlier.

(5) As soon as possible after a Declaration is made and before the date it comes into effect, the Competent Authority must —(a)

publish, in such form and manner as may be prescribed, a notice in the Gazette —(i)

stating that a Declaration has been issued 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 owner or operator of the declared online location.

(6) The owner or operator of a declared online location who fails to comply with any requirement mentioned in subsection (3)(f) 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 $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.

(7) It is a defence to a charge under subsection (6) for the accused to prove that the accused did not know and had no reason to believe that a Declaration was made in relation to the online location.

(8) The Minister may at any time suspend a Declaration for such period as the Minister may determine, or vary or cancel a Declaration.

(9) The Minister may suspend, vary or cancel a Declaration —(a)

on the Minister’s own initiative; or

(b)

on an application by —(i)

the owner or operator of the declared online location; or

(ii)

any person with editorial control over the online location.

(10) As soon as possible after a Declaration is suspended, varied or cancelled, the Competent Authority must —(a)

publish, in such form and manner as may be prescribed, a notice of the suspension, variation or cancellation in the Gazette; and

(b)

make reasonable efforts to give a copy of such notice to the owner or operator of the declared online location.

(11) Regulations may be made under section 62 to prescribe the reasonable efforts required to be made under subsections (5)(b) and (10)(b).

(12) For the purposes of subsection (1) —(a)

“active”, in relation to a Part 3 Direction or Part 4 Direction, means that the Part 3 Direction or Part 4 Direction (as the case may be) has not been set aside at the time the Declaration mentioned in subsection (1) is made;

(b)

where a statement of fact is communicated in Singapore on —(i)

an online location bearing a sub‑domain name that is part of a domain name; or

(ii)

a sub‑directory of a website,

the Minister may treat the statement as being communicated on the online location that bears that domain name, or on that website, as the case may be; and

Examples

(a) The Minister may treat a statement communicated on abc.example.com as being communicated on example.com.

(b) The Minister may treat a statement communicated on www.example.com/abc as being communicated on www.example.com.

(c)

where the statements mentioned in subsection (1) are duplicated on another online location (called in this paragraph the mirrored location), each mirrored location is to be regarded as part of the original online location.