Page:Foreign Interference (Countermeasures) Act 2021.pdf/72

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72
NO. 28 OF 2021


advertising dealing, is 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.

(6) However, in any proceeding for an offence under subsection (1) or (2), it is not a defence for the accused to show that—

(a) the accused did the act in question at the direction of another person; or
(b) the information or material was accessible by, or delivered to, one or more end-users physically present in Singapore through an automated process without the accused choosing where the information or material or service is communicated or delivered, except as an automatic response to the request of a person.

(7) It is also not a defence to a charge for an offence under this section that the accused is subject to any duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with this section or restricts the person in such compliance.

(8) In this section, an advertising dealing means an arrangement under which a party to the arrangement agrees to publish, in the course of business, information or material in exchange for valuable consideration.

Division 4—Supplementary provisions on Part 3 directions

Content and effect of directions—general

42.—(1) A Part 3 direction may be given to the person or persons mentioned respectively for the direction individually or as a class.

(2) A Part 3 direction is binding on—

(a) the person to whom it is addressed; and
(b) if applicable, the personal representatives, successors, and assignees of the person to whom it is addressed to the same extent as it applies to that person.