Singapore legislation

Section 252CB

Relief which court may grant

Amended by52/200452/200452/2004

(1)

The types of relief that the court may grant against a network service provider, if the court is satisfied that section 252A(1) applies to the network service provider, shall be limited to either or both of the following:

(a)

an order requiring the network service provider to take reasonable steps to disable access to an online location that is physically situated outside Singapore;

(b)

an order requiring the network service provider to terminate a specified account.

Amended by52/2004

(2)

The types of relief that the court may grant against a network service provider, if the court is satisfied that section 252B(1) or 252C(1) applies to the network service provider, shall be limited to one or more of the following:

(a)

an order requiring the network service provider —

(i)

to remove an unauthorised electronic recording of the performance from the network service provider’s primary network; or

(ii)

to disable access to an unauthorised electronic recording of the performance on the primary network or another network;

(b)

an order requiring the network service provider to terminate a specified account;

(c)

such other order or orders as may be necessary, if that order is, or those orders are, the least burdensome to the network service provider among comparatively effective non-monetary orders.

Amended by52/2004

(3)

When making an order under subsection (1) or (2), the court shall have regard to —

(a)

the harm that has been or may foreseeably be caused to the plaintiff;

(b)

the burden that the making of the order will place on the network service provider;

(c)

the technical feasibility of complying with the order;

(d)

the effectiveness of the order;

(e)

any possible adverse effect on the business or operations of the network service provider;

(f)

whether some other comparatively effective order would be less burdensome; and

(g)

all other matters which it considers relevant.

Amended by52/2004