Singapore legislation
Clause 26
Clause 26
Part 5 direction — general
(1)
Subject to subsections (5) and (6), after receiving a report made by or on behalf of a person mentioned in section 22(1) or (3), the Commissioner may give one or more Part 5 directions if the Commissioner has reason to suspect that online harmful activity was conducted in respect of the person or the group, as the case may be.
(2)
To avoid doubt, the Commissioner may conclude that there is such reason to suspect as mentioned in subsection (1), solely on the basis of an examination of the report (and without having to conduct any further investigation).
(3)
A Part 5 direction may be given to —
any individual whether or not a resident or citizen of Singapore, whether physically present in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore; or
any entity whether formed, constituted or registered in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore.
(4)
A Part 5 direction may direct a person to do an act or to not do an act, whether in Singapore or outside Singapore.
(5)
Only a right‑of‑reply (user) direction or a right‑of‑reply (online service) direction may be given in respect of a publication of false material as defined in section 17, unless the false material published contains or consists of a false statement of fact that the victim —
approved, endorsed, promoted, provided a testimonial for or invested in; or
is affiliated or associated with,any genuine or purported —
trade;
investment;
business;
commercial activity; or
online location soliciting funding, donations or financial support.Illustrations (a) X publishes a false statement that Y recommends the services of a particular business. This is a false statement of fact that Y endorsed the business. (b) X publishes a false statement that Y is a consultant for a purported new investment scheme. This is a false statement of fact that Y is associated with the investment scheme. (c) X organises a conference to launch new products as part of X’s business. Y attended the conference. X publishes a series of uncaptioned photographs of the audience at this conference, one of which showed Y among a crowd of other attendees. This photograph of Y does not contain or consist of a statement of fact that Y approved, endorsed, promoted, provided a testimonial for or invested in, or is affiliated or associated with, X’s business.
(6)
Only a right‑of‑reply (user) direction or a right‑of‑reply (online service) direction may be given in respect of a publication of statement harmful to reputation as defined in section 18.