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← Broadcasting Act 1994

Broadcasting Act 1994 s 45E

s 45E Offence of not stopping egregious content on online communication service

45E.—(1) A person commits an offence if —(a) the person provides an online communication service with a Singapore end-user link; (b) the online communication service provides or can be used to access content on the online communication service; (c) the content is egregious content; (d) the person knows, or ought reasonably to know that —(i) the online communication service provides or can be used to access that content; and (ii) the content is egregious content; and (e) the person fails in the person’s duty under section 45J to comply with a section 45H direction given to the person in relation to that egregious content provided on that online communication service by the person. (2) A person that is guilty of an offence under subsection (1) shall be liable on conviction 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. (3) For the purposes of subsection (1), it is immaterial whether the online communication service is provided from outside Singapore or provided in or from Singapore. (4) If —(a) a section 45H direction is given in relation to an online communication service provided by a person; and (b) in a prosecution of the person for an offence against subsection (1), it is proven that the online communication service provides or can be used to, at the time the direction was given, access the content specified in the direction, then, in that prosecution, it must be presumed until the contrary is proved, that the person knew — (c) that the online communication service provides or can be used to access that content at the time the direction was given; and (d) that the content is egregious content at the time the direction was given.[Act 38 of 2022 wef 01/02/2023]

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Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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