Page:Protection from Online Falsehoods and Manipulation Act 2019.pdf/50

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50
NO. 18 OF 2019


(4) The High Court must hear and determine any such appeal and may either confirm the Account Restriction Direction or set it aside.

(5) The High Court may only set aside an Account Restriction Direction on any of the following grounds on an appeal by the prescribed internet intermediary:

(a) the specified online account has not been used to communicate in Singapore the subject statement or carry out the subject behaviour;
(b) either of the following (whichever is applicable):
(i) the subject statement is not a statement of fact, or is a true statement of fact;
(ii) the subject behaviour is not a coordinated inauthentic behaviour;
(c) it is not technically possible to comply with the Direction.

(6) The High Court may only set aside an Account Restriction Direction on any of the following grounds on an appeal by the holder of, or the person having control over, the specified online account:

(a) the specified online account had not been used to communicate in Singapore the subject statement or carry out the subject behaviour;
(b) either of the following (whichever is applicable):
(i) the subject statement is not a statement of fact, or is a true statement of fact;
(ii) the subject behaviour is not a coordinated inauthentic behaviour;
(c) the account is not an inauthentic online account or controlled by a bot, as the case may be.

(7) An Account Restriction Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the High Court or the Court of Appeal on appeal from the High Court, or if it expires or is cancelled under section 46.