§ 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 or more end‑users in Singapore have used or are using the services of an internet intermediary to access the declared online location; and

(c)

the internet intermediary has control over access by end‑users in any place to the declared online location.

(2) This section also applies where —(a)

the owner or operator of a declared online location did not comply with a requirement mentioned in section 32(3)(f) that is specified in the Declaration concerned;

(b)

the Minister is satisfied that after the date the Declaration came into effect, one or more end‑users in Singapore have used or are using the services of an internet intermediary to access the declared online location; and

(c)

the internet intermediary has control over access by end‑users in any place to the declared online location.

(3) The Minister may direct the Competent Authority to order the internet intermediary to disable access by end‑users in Singapore to the declared online location, and the Competent Authority must give the internet intermediary such order.

(4) An order of the Competent Authority under subsection (3) may be issued to a person whether the person is in or outside Singapore, and may require the person to do an act in or outside Singapore.

(5) An internet intermediary that fails to comply with an order of the Competent Authority under subsection (3) whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000.

(6) No civil or criminal liability is incurred by an internet intermediary or an officer, employee or agent of such intermediary, for anything done or omitted to be done with reasonable care and in good faith in complying with an order under subsection (3).

—(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 or more end‑users in Singapore have used or are using the services of an internet intermediary to access the declared online location; and

(c)

the internet intermediary has control over access by end‑users in any place to the declared online location.

(2) This section also applies where —(a)

the owner or operator of a declared online location did not comply with a requirement mentioned in section 32(3)(f) that is specified in the Declaration concerned;

(b)

the Minister is satisfied that after the date the Declaration came into effect, one or more end‑users in Singapore have used or are using the services of an internet intermediary to access the declared online location; and

(c)

the internet intermediary has control over access by end‑users in any place to the declared online location.

(3) The Minister may direct the Competent Authority to order the internet intermediary to disable access by end‑users in Singapore to the declared online location, and the Competent Authority must give the internet intermediary such order.

(4) An order of the Competent Authority under subsection (3) may be issued to a person whether the person is in or outside Singapore, and may require the person to do an act in or outside Singapore.

(5) An internet intermediary that fails to comply with an order of the Competent Authority under subsection (3) whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000.

(6) No civil or criminal liability is incurred by an internet intermediary or an officer, employee or agent of such intermediary, for anything done or omitted to be done with reasonable care and in good faith in complying with an order under subsection (3).