Page:Online Criminal Harms Act 2023.pdf/21

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ONLINE CRIMINAL HARMS
21


PART 4
DESIGNATED ONLINE SERVICES

Part 4—general

19.—(1) The purpose of this Part is to counter the commission of offences specified in the Second Schedule by—

(a) promoting or requiring good practices by a designated provider against the commission of offences within a related offence group of its designated online service; and
(b) requiring a designated provider to implement appropriate systems, processes or measures for one or more of the purposes set out in the Third Schedule in relation to a related offence group of its designated online service.

(2) The online service of an online service provider may be designated under section 20, and a code application notice, a rectification notice or an implementation directive may be given to a designated provider—

(a) whether or not the designated provider (being an individual) is a resident or citizen of Singapore, whether he or she is physically present in Singapore or outside Singapore, and whether he or she is carrying on a business or operating in Singapore or outside Singapore; or
(b) whether the designated provider (being an entity) is formed, constituted or registered in Singapore or outside Singapore, and whether it is carrying on a business or operating in Singapore or outside Singapore.

(3) A code of practice, a rectification notice or an implementation directive may require a person to do an act or to not do an act, whether in Singapore or outside Singapore.

(4) A requirement of a code of practice has effect despite—

(a) a duty of confidentiality or privacy imposed by any rule of law; or