Page:Foreign Interference (Countermeasures) Act 2021.pdf/71

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
FOREIGN INTERFERENCE (COUNTERMEASURES)
71


(i) not accessible by, or not delivered to, one or more end-users physically present in Singapore after the online location becomes a proscribed online location; and
(ii) not promoted or published in Singapore.

(2) A person commits an offence if—

(a) the person has an advertising dealing with anyone—
(i) that facilitates the access by, or delivery to, one or more end-users physically present in Singapore; or
(ii) that promotes or gives publicity to, one or more end-users physically present in Singapore,
any information or material included or otherwise on, or any service provided from, an online location; and
(b) the online location is a proscribed online location with a Singapore link.

(3) Subsections (1) and (2) extend to a person who engages in any conduct described in that subsection outside Singapore.

(4) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction—

(a) if the person is 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.

(5) Where a person is charged with an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person—

(a) did not know, and could not with reasonable diligence have ascertained, that the online location was a proscribed online location and had a Singapore link; and
(b) took the prescribed steps to ensure that any information or material included or otherwise on, or any service provided from, the online location because of the accused’s