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(c) the Minister has reason to believe the account is an inauthentic online
account or is controlled by a bot; and
(d) the Minister is of the opinion that it is in the public interest to issue the
Account Restriction Direction.
Clause 41 provides for the service of an Account Restriction Direction. It may
be served on the internet intermediary to whom it is issued by a prescribed means
or on a person appointed to accept service on its behalf.
Clause 42 provides that non-compliance with an Account Restriction Direction
is an offence. It is not a defence to a charge that —
(a) the accused has a duty under any law, contract or rule of professional
conduct that prevents or restricts compliance with the Direction; or
(b) the accused has applied for the cancellation or variation of the
Direction or has appealed to the High Court against the Direction.
However, the clause confers immunity on the internet intermediary against
liability for doing or omitting to do any act with reasonable care and in good faith
for the purpose of complying with an Account Restriction Direction.
Clause 43 enables the Minister to direct the IMDA to order an internet access
service provider to take steps to disable access by end-users in Singapore to an
online location. The Minister may so direct if —
(a) an Account Restriction Direction is not complied with;
(b) the false statement of fact concerned was or is being communicated in
Singapore on the online location, or the coordinated inauthentic
behaviour concerned took place or is taking place on the online
location;
(c) the internet intermediary has control over access by end-users in any
place to that online location; and
(d) the Minister is satisfied that one or more end-users have used or are
using the services of the internet access service provider to access that
online location.
Clause 44 provides for appeals to the High Court against an Account
Restriction Direction by the prescribed internet intermediary to whom the
Direction is issued, or the person who is the holder or controller of the specified
online account. It sets out the grounds on which the Direction may be set aside.
The Direction remains in effect despite an appeal against it. However, the High
Court may stay the Direction if the internet intermediary who appealed against the
Direction proves on a prima facie basis that it is technically impossible to comply
with the Direction.
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