Singapore legislation
Clause 53
Clause 53
Remedial measures for false or misleading advertisements
(1)
This section applies where the Agency is of the opinion that a person has published or caused to be published, or distributed or caused to be distributed, any advertisement for which an offence under section 52(1) may have been committed (called in this section the defaulting person).
(2)
The Agency may (without compensation) give a direction to the defaulting person to do all or any of the following:
take all practicable steps to remove the advertisement;
modify the advertisement in the manner specified or approved by the Agency;
cease the publication or distribution of any other advertisement which is wholly or substantially the same as the advertisement mentioned in subsection (1);
publish or cause to be published, or distribute or cause to be distributed, a corrective advertisement in the manner, and containing any information, specified or approved by the Agency.
(3)
Before the Agency gives a direction to the defaulting person under subsection (2), the Agency must, unless the Agency considers it not practicable or desirable to do so, give written notice to the defaulting person —
stating that the Agency intends to give a direction to the defaulting person under this section; and
specifying the time within which written representations may be made to the Agency with respect to the proposed direction.
(4)
The Agency may, after considering any written representation made pursuant to subsection (3)(b), decide to give or not to give, or to modify, the direction as the Agency considers appropriate.
(5)
The Agency must serve on the defaulting person a notice of the Agency’s decision under subsection (4).
(6)
Every defaulting person must comply with a direction given by the Agency to the defaulting person under subsection (2).
(7)
A defaulting person who, without reasonable excuse, fails to comply with a direction given by the Agency under subsection (2) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and
in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
(8)
Where the defaulting person fails to comply with a direction given by the Agency under subsection (2), the Agency may —
take all steps as the Agency considers reasonable and necessary to give effect to the direction; and
recover all costs and expenses reasonably incurred by the Agency in so doing from the defaulting person, as a civil debt due to the Agency.