Page:Foreign Interference (Countermeasures) Act 2021.pdf/71

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FOREIGN INTERFERENCE (COUNTERMEASURES)
71


(i) not accessible by, or not delivered to, one or more end-users physically present in Singapore after the online location becomes a proscribed online location; and
(ii) not promoted or published in Singapore.

(2) A person commits an offence if—

(a) the person has an advertising dealing with anyone—
(i) that facilitates the access by, or delivery to, one or more end-users physically present in Singapore; or
(ii) that promotes or gives publicity to, one or more end-users physically present in Singapore,
any information or material included or otherwise on, or any service provided from, an online location; and
(b) the online location is a proscribed online location with a Singapore link.

(3) Subsections (1) and (2) extend to a person who engages in any conduct described in that subsection outside Singapore.

(4) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction—

(a) if the person is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b) in any other case, to a fine not exceeding $500,000.

(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—

(a) 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; and
(b) took the prescribed steps to ensure that any information or material included or otherwise on, or any service provided from, the online location because of the accused’s