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222
NO. 22 OF 2021


Requirements relating to take-down or restoration notices, etc.

323. A take-down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) or a restoration notice under section 322(3)(c) or (4)(c)(i) must—

(a) be served in the prescribed manner;
(b) be in or substantially in the prescribed form; and
(c) state the prescribed matters.

Making false statements in take-down or restoration notice

324.—(1) In making a take-down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) or a restoration notice under section 322(3)(c) or (4)(c)(i), a person must not make a false statement (whether in or outside Singapore) that—

(a) the person knows is false or does not believe is true; and
(b) touches a point material to the object of the notice.

(2) A person who contravenes subsection (1)—

(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b) shall be liable in damages to any person who suffers any loss or damage as a result of making that notice, but only to the extent that the loss or damage is reasonably foreseeable as a likely result of making that notice.

(3) If a person makes a statement outside Singapore in contravention of subsection (1), the person may be dealt with under subsection (2)(a) as if the statement were made in Singapore.

(4) Regulations may prescribe how a person may verify statements made in the notices mentioned in subsection (1), and the consequences of performing or not performing the prescribed verification.