§ 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 Singapore on the declared online location.(2) A digital advertising intermediary 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 Singapore on the declared online location.

(3) A prescribed digital advertising intermediary or prescribed internet intermediary 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, it does not, when acting as a digital advertising intermediary or an internet intermediary, facilitate the communication in Singapore of any paid content that gives publicity to, or otherwise promotes, a declared online location.

(4) A service provider or digital advertising intermediary is treated for the purposes of subsection (1) or (2) (as the case may be) as having taken reasonable steps to ensure that any paid content that it includes or causes to be included on a declared online location is not communicated in Singapore on the declared online location if it has taken such steps as may be prescribed by regulations made under section 62.

(5) A prescribed digital advertising intermediary or prescribed internet intermediary is treated for the purposes of subsection (3) as having taken reasonable steps to ensure that it does not facilitate the communication in Singapore of any paid content mentioned in that subsection if it has taken such steps as may be prescribed by regulations made under section 62.

(6) A person who contravenes subsection (1), (2) or (3) 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 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

in any other case, to a fine not exceeding $500,000.

(7) In any proceeding for an offence under subsection (1), (2) or (3), it is a defence for the accused to prove that the accused did not know and had no reason to believe that the online location was a declared online location.

(8) In any proceeding for an offence under subsection (1), (2) or (3), it is not a defence for the accused to show that —(a)

the accused did the act in question at the direction of another person; or

(b)

the paid content was communicated in Singapore by its inclusion on any online location through an automatic process without the accused choosing where the paid content is communicated, except as an automatic response to the request of a person.

—(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 Singapore on the declared online location.

(2) A digital advertising intermediary 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 Singapore on the declared online location.

(3) A prescribed digital advertising intermediary or prescribed internet intermediary 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, it does not, when acting as a digital advertising intermediary or an internet intermediary, facilitate the communication in Singapore of any paid content that gives publicity to, or otherwise promotes, a declared online location.

(4) A service provider or digital advertising intermediary is treated for the purposes of subsection (1) or (2) (as the case may be) as having taken reasonable steps to ensure that any paid content that it includes or causes to be included on a declared online location is not communicated in Singapore on the declared online location if it has taken such steps as may be prescribed by regulations made under section 62.

(5) A prescribed digital advertising intermediary or prescribed internet intermediary is treated for the purposes of subsection (3) as having taken reasonable steps to ensure that it does not facilitate the communication in Singapore of any paid content mentioned in that subsection if it has taken such steps as may be prescribed by regulations made under section 62.

(6) A person who contravenes subsection (1), (2) or (3) 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 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

in any other case, to a fine not exceeding $500,000.

(7) In any proceeding for an offence under subsection (1), (2) or (3), it is a defence for the accused to prove that the accused did not know and had no reason to believe that the online location was a declared online location.

(8) In any proceeding for an offence under subsection (1), (2) or (3), it is not a defence for the accused to show that —(a)

the accused did the act in question at the direction of another person; or

(b)

the paid content was communicated in Singapore by its inclusion on any online location through an automatic process without the accused choosing where the paid content is communicated, except as an automatic response to the request of a person.