Page:Protection from Online Falsehoods and Manipulation Act 2019.pdf/33

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PROTECTION FROM ONLINE FALSEHOODS AND MANIPULATION
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(b) a person who communicated in Singapore the subject material.

(2) No appeal may be made to the High Court by any person unless the person has first applied to the Minister mentioned in section 31 to vary or cancel the Part 4 Direction under that section, and the Minister refused the application either in whole or in part.

(3) An appeal may only be made to the High Court within such period as may be prescribed by Rules of Court.

(4) The High Court must hear and determine any such appeal and may either confirm the Part 4 Direction or set it aside.

(5) The High Court may only set aside a Part 4 Direction on any of the following grounds on an appeal by the person to whom the Direction is issued:

(a) in the case of a Targeted Correction Direction or a Disabling Direction, the subject material was communicated in Singapore, or was not communicated in Singapore by means of any internet intermediary service provided by the person;
(b) the subject statement is not a statement of fact, or is a true statement of fact;
(c) it is not technically possible to comply with the Direction.

(6) The High Court may only set aside a Part 4 Direction on an appeal by a person who communicated in Singapore the subject material, on the ground that the subject statement is not a statement of fact, or is a true statement of fact.

(7) A Part 4 Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the High Court or the Court of Appeal on appeal from the High Court, or if it expires or is cancelled under section 31.

(8) Despite subsection (7), if the appellant (being the person to whom the Part 4 Direction is issued) establishes a prima facie case that it is technically impossible to comply with the Part 4 Direction,