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(2) It is not a defence to a charge under subsection (1) that —
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(a) the prescribed internet intermediary is subject to a duty
under any written law, any rule of law, any contract or any
rule of professional conduct, that prevents the internet
intermediary from complying with any part of the Account
Restriction Direction or restricts the internet intermediary
in such compliance; or
(b) the prescribed internet intermediary has applied under
section 46 to vary or cancel the Direction or has appealed
to the High Court against the Direction.
(3) No civil or criminal liability is incurred by the prescribed
internet intermediary or an officer, employee or agent of the internet
intermediary, for doing or omitting to do any act, if the act is done or
omitted to be done with reasonable care and in good faith and for the
purpose of complying with or giving effect to the Account Restriction
Direction.
(4) In determining whether a person charged with an offence under
subsection (1) has a reasonable excuse for failing to comply with an
Account Restriction Direction, the court must consider —
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(a) the state of the art available to give effect to the Direction;
(b) the cost of complying with the Direction relative to the
means available to the person; and
(c) any other relevant factor.
Access blocking order
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43.—(1) This section applies where —
(a) an internet intermediary fails to comply with an Account
Restriction Direction;
(b) either —
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(i) the subject statement was or is being communicated
in Singapore on an online location; or
(ii) the subject behaviour took place or is taking place on
an online location;
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