74
The person to whom a Part 4 Direction or Remedial Order is issued must bear
the costs of complying with it. However, a person to whom a General Correction
Direction is issued may bring a civil suit to recover reasonable costs of compliance
from a person who authored and communicated in Singapore the false statement
of fact in question. The court may award damages in such a suit if it is satisfied that
the defendant had contravened clause 7 when communicating the statement.
Clause 26 provides for the service of a Part 4 Direction or Remedial Order. It
may be served on the person to whom it is issued by a prescribed means or on a
person appointed to accept service on the first person’s behalf.
Clause 27 provides that non-compliance with a Part 4 Direction or Remedial
Order is an offence. It is not a defence to a charge that —
(a) the person issued the Direction or Order has a duty under any law,
contract or rule of professional conduct that prevents the person from
complying with it or that restricts the person in such compliance; or
(b) the person has applied for the variation or cancellation of the Direction
or Order or has appealed to the High Court against the Direction.
However, the clause confers immunity on the person against liability for doing
or omitting to do any act with reasonable care and in good faith for the purpose of
complying with the Direction or Order.
Clause 28 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 internet intermediary fails to comply with a Part 4 Direction or
Remedial Order;
(b) the subject material is being communicated in Singapore on an online
location; and
(c) the Minister is satisfied that one or more end-users had used the
services of the internet access service provider to access that online
location.
Clause 29 provides for appeals to the High Court against a Part 4 Direction by
the person to whom it is issued, or the person who communicated the subject
material in Singapore. 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 person to whom the Direction is issued
and who appealed against the Direction proves on a prima facie basis that it is
technically impossible to comply with the Direction.
Clause 30 provides that the issue of a Part 4 Direction or Remedial Order does
not affect any right to take any other action in relation to the false statement of fact
concerned.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات