§ 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 online account.[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 46 to vary or cancel the Account Restriction Direction under that section, and the Minister refused the application whether in whole or in part.[40/2019]

(3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court.[40/2019]

(4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Account Restriction Direction or set it aside.[40/2019]

(5) The General Division of the High Court may only set aside an Account Restriction Direction on any of the following grounds on an appeal by the prescribed internet intermediary:(a)

the specified online account has not been used to communicate in Singapore the subject statement or carry out the subject behaviour;

(b)

either of the following (whichever is applicable):(i)

the subject statement is not a statement of fact, or is a true statement of fact;

(ii)

the subject behaviour is not a coordinated inauthentic behaviour;

(c)

it is not technically possible to comply with the Direction.[40/2019]

(6) The General Division of the High Court may only set aside an Account Restriction Direction on any of the following grounds on an appeal by the holder of, or the person having control over, the specified online account:(a)

the specified online account had not been used to communicate in Singapore the subject statement or carry out the subject behaviour;

(b)

either of the following (whichever is applicable):(i)

the subject statement is not a statement of fact, or is a true statement of fact;

(ii)

the subject behaviour is not a coordinated inauthentic behaviour;

(c)

the account is not an inauthentic online account or controlled by a bot, as the case may be.[40/2019]

(7) An Account Restriction Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 46.[40/2019]

(8) Despite subsection (7), if the appellant (being the prescribed internet intermediary) establishes a prima facie case that it is technically impossible to comply with the Account Restriction Direction, the General Division of the High Court may direct that the Direction be stayed pending determination of the appeal.[40/2019]

(9) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction.[40/2019]

(10) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made and for the procedure for an application to stay an Account Restriction Direction appealed against.

—(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 online account.[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 46 to vary or cancel the Account Restriction Direction under that section, and the Minister refused the application whether in whole or in part.[40/2019]

(3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court.[40/2019]

(4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Account Restriction Direction or set it aside.[40/2019]

(5) The General Division of the High Court may only set aside an Account Restriction Direction on any of the following grounds on an appeal by the prescribed internet intermediary:(a)

the specified online account has not been used to communicate in Singapore the subject statement or carry out the subject behaviour;

(b)

either of the following (whichever is applicable):(i)

the subject statement is not a statement of fact, or is a true statement of fact;

(ii)

the subject behaviour is not a coordinated inauthentic behaviour;

(c)

it is not technically possible to comply with the Direction.[40/2019]

(6) The General Division of the High Court may only set aside an Account Restriction Direction on any of the following grounds on an appeal by the holder of, or the person having control over, the specified online account:(a)

the specified online account had not been used to communicate in Singapore the subject statement or carry out the subject behaviour;

(b)

either of the following (whichever is applicable):(i)

the subject statement is not a statement of fact, or is a true statement of fact;

(ii)

the subject behaviour is not a coordinated inauthentic behaviour;

(c)

the account is not an inauthentic online account or controlled by a bot, as the case may be.[40/2019]

(7) An Account Restriction Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 46.[40/2019]

(8) Despite subsection (7), if the appellant (being the prescribed internet intermediary) establishes a prima facie case that it is technically impossible to comply with the Account Restriction Direction, the General Division of the High Court may direct that the Direction be stayed pending determination of the appeal.[40/2019]

(9) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction.[40/2019]

(10) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made and for the procedure for an application to stay an Account Restriction Direction appealed against.