§ 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 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 $1 million,

and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

(2) It is not a defence to a charge under subsection (1) that —(a)

the prescribed internet intermediary is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the internet intermediary from complying with any part of the Account Restriction Direction or restricts the internet intermediary in such compliance; or

(b)

the prescribed internet intermediary has applied under section 46 to vary or cancel the Direction or has appealed to the General Division of the High Court against the Direction.[40/2019]

(3) No civil or criminal liability is incurred by the prescribed internet intermediary or an officer, employee or agent of the internet intermediary, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to the Account Restriction Direction.

(4) In determining whether a person charged with an offence under subsection (1) has a reasonable excuse for failing to comply with an Account Restriction Direction, the court must consider —(a)

the state of the art available to give effect to the Direction;

(b)

the cost of complying with the Direction relative to the means available to the person; and

(c)

any other relevant factor.

—(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 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 $1 million,

and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

(2) It is not a defence to a charge under subsection (1) that —(a)

the prescribed internet intermediary is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the internet intermediary from complying with any part of the Account Restriction Direction or restricts the internet intermediary in such compliance; or

(b)

the prescribed internet intermediary has applied under section 46 to vary or cancel the Direction or has appealed to the General Division of the High Court against the Direction.[40/2019]

(3) No civil or criminal liability is incurred by the prescribed internet intermediary or an officer, employee or agent of the internet intermediary, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to the Account Restriction Direction.

(4) In determining whether a person charged with an offence under subsection (1) has a reasonable excuse for failing to comply with an Account Restriction Direction, the court must consider —(a)

the state of the art available to give effect to the Direction;

(b)

the cost of complying with the Direction relative to the means available to the person; and

(c)

any other relevant factor.