Singapore legislation

Clause 20

of Remote Gambling Bill

Clause 20

Blocking of access to online remote gambling services, etc.

(1)

Where an authorised officer, after receiving a complaint or on the officer’s initiative, is satisfied that the services of an Internet service provider have been or are being used to access or facilitate access to —

(a)

an online location through which a remote gambling service is provided in contravention of section 10 or 11;

(b)

an online location that is or may be used by individuals present in Singapore to gamble in contravention of section 8;

(c)

an online location that contains an invitation to young persons to gamble in contravention of section 13;

(d)

an online location that is otherwise a remote gambling service advertisement published in Singapore in contravention of section 15; or

(e)

an online location that contains material promoting remote gambling in contravention of section 17,the authorised officer may, after having regard to the matters referred to in subsection (2), direct the MDA to order the Internet service provider to take reasonable steps to disable access to that online location (called an access blocking order); and the MDA must then give that Internet service provider an access blocking order.

(2)

Before directing the MDA to make an access blocking order with respect to an online location, an authorised officer must have regard to, and give such weight as the officer considers appropriate to, all of the following matters:

(a)

whether, having regard to the content of the online location and the way the online location is advertised or promoted, the primary purpose of the online location —

(i)

is for use by others to commit an offence under section 8, 9, 10, 11 or 13; or

(ii)

is to publish a remote gambling service advertisement or promote remote gambling in contravention of section 15 or 17, as the case may be,and the online location is available for access by end‑users in Singapore;

(b)

whether the online location makes available or contains directories or indexes of other online locations which may be used to, or categories of the means to, commit an offence under section 8, 9, 10, 11 or 13;

(c)

whether the owner or operator of the online location demonstrates a disregard for the prohibitions and restrictions in this Act against remote gambling generally;

(d)

whether access to the online location has been disabled by orders from any court of another country or territory, or any foreign competent authority, on the ground of or related to remote gambling;

(e)

whether the online location contains guides or instructions to circumvent any measure, or any order of any such court or competent authority, to disable access to the online location on the ground of or related to remote gambling;

(f)

the volume of traffic at the online location by end‑users in Singapore;

(g)

the burden that the making of the access blocking order will place on the Internet service provider;

(h)

the technical feasibility of complying with the access blocking order.

(3)

To avoid doubt, an authorised officer is not confined to consideration of matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.

(4)

In addition, before directing the MDA to make an access blocking order with respect to an online location referred to in subsection (1)(c), (d) or (e), the authorised officer —

(a)

must send a notice to the owner or operator of the online location (called the relevant online location proprietor), stating the intention to direct the MDA to issue an access blocking order if the relevant online location proprietor does not, within the prescribed period —

(i)

stop the invitation on that online location to young persons to gamble in contravention of section 13;

(ii)

stop the publishing of a remote gambling service advertisement in contravention of section 15 on that online location;

(iii)

stop promoting remote gambling in contravention of section 17 on that online location; and

(b)

must be satisfied that, upon or after the end of that prescribed period or after reasonable efforts are made to send the notice referred to in paragraph (a) to the relevant online location proprietor, the relevant online location proprietor does not stop the activity referred to in paragraph (a)(i), (ii) or (iii), as the case may be.

(5)

An Internet service provider which does not comply with any access blocking order issued against it by the MDA under this section shall be guilty of an offence for each online location specified in the access blocking order and not blocked in accordance with the terms of that order, and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that access blocking order is not fully complied with, up to a total of $500,000 for each offence.

(6)

It is not necessary to publish any access blocking order in the Gazette.