(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction—
- (a) if the person is an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 4 years or to both; or
- (b) in any other case, to a fine not exceeding $500,000.
(4) However, where a court convicts any person of an offence under subsection (1), the court must, in addition to imposing on that person the punishment in subsection (3), order the person to pay as a penalty, within the time specified by the court, a sum equal to the amount of any benefit received in the commission of the offence or the amount that in the court’s opinion is the value of that benefit; and any such penalty is recoverable as a fine.
(5) Where a person is charged with an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person did not know, and could not with reasonable diligence have ascertained, that the online location was a proscribed online location and had a Singapore link.
(6) For the purposes of subsection (5), a person could not, with reasonable diligence, have ascertained that an online location of which the person is proprietor has a Singapore link, if the person had—
- (a) required every end-user accessing the online location to provide his or her personal particulars and those particulars suggested that the end-user was not physically present in Singapore;
- (b) required end-users to enter into contracts that were subject to an express condition that the end-user was not to access the online location for any service if the end-user was physically present in Singapore;
- (c) informed prospective end-users that Singapore law prohibits the provision of access, or any service on or from, the online location to end-users who are physically present in Singapore; and
