Aiding, abetting, etc.
12.—(1) A person must not —(a)
aid, abet or procure a contravention of section 9 or 11;
(b)
induce, whether by threats, promises or otherwise, a contravention of section 9 or 11;
(c)
be in any way, directly or indirectly, knowingly concerned in or a party to, a contravention of section 9 or 11; or
(d)
conspire with others to effect a contravention of section 9 or 11.
(2) A person does not contravene subsection (1), section 9 or 11 merely because the person —(a)
provides, or operates facilities for, online services or network access; or
(b)
provides services relating to, or provides connections for, the transmission or routing of data.
Civil action
13.—(1) Where there is a contravention of section 9 or 11 in relation to electronic messages sent to electronic addresses, any person who has suffered loss or damage as a direct or an indirect result of that contravention may commence an action in a court against —(a)
the sender; or
(b)
a person who has contravened section 12(1).
(2) This section does not affect any liability that any person has under any other written law or rule of law.
Injunction and damages for civil action
14.—(1) Subject to the provisions of this Act, in an action under section 13(1), the types of relief that the court may grant include the following:(a)
an injunction (subject to any terms that the court thinks fit);
(b)
damages;
(c)
statutory damages under subsection (3).
(2) The types of relief mentioned in paragraphs (b) and (c) of subsection (1) are mutually exclusive.
(3) In any action under section 13(1), the claimant is entitled, at the election of the claimant, to —(a)
damages in the amount of the loss or damage suffered by the claimant as a direct or an indirect result of the contravention mentioned in section 13(1); or[Act 25 of 2021 wef 01/04/2022]
(b)
statutory damages —(i)
not exceeding $25 for each electronic message mentioned in section 13(1); and
(ii)
not exceeding in the aggregate $1 million, unless the claimant proves that the actual loss suffered by the claimant from such electronic messages exceeds $1 million.[Act 25 of 2021 wef 01/04/2022]
(4) In awarding statutory damages under subsection (3)(b), the court is to have regard to —(a)
whether the contravention by the defendant of section 9, 11 or 12(1) was wilful;
(b)
any loss or damage that the claimant has suffered or is likely to suffer as a direct or an indirect result of the contravention mentioned in section 13(1);[Act 25 of 2021 wef 01/04/2022]
(c)
any benefit shown to have accrued to the defendant by reason of the sending of electronic messages;
(d)
the need to deter other similar instances of sending of electronic messages; and
(e)
all other relevant matters.
(5) The loss mentioned in this section includes any pecuniary loss suffered as a direct or an indirect result of the contravention mentioned in section 13(1).
Costs and expenses
15. In any proceedings under this Act, the court may, in addition to exercising the powers conferred by section 14, order the defendant to pay to the claimant —(a)
the costs and expenses of and incidental to the proceedings; and
(b)
any legal costs incurred in respect of the proceedings.[Act 25 of 2021 wef 01/04/2022]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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