Singapore legislation

Regulation 11

of Protection from Online Falsehoods and Manipulation Regulations 2019

Regulation 11

Reasonable efforts prescribed for purposes of section 32(11) of Act

Amended byS 438/2020 wef 03/06/2020S 438/2020 wef 03/06/2020S 438/2020 wef 03/06/2020S 438/2020 wef 03/06/2020

Subregulation 1

Amended byS 438/2020 wef 03/06/2020S 438/2020 wef 03/06/2020S 438/2020 wef 03/06/2020S 438/2020 wef 03/06/2020

The reasonable efforts required to be made under section 32(5)(b) of the Act to give a copy of the Declaration, or under section 32(10)(b) of the Act to give a copy of the notice of suspension, variation or cancellation of the Declaration (called in this regulation the notice), to the owner or operator of a declared online location are any one of the following:

(a)

by giving a copy of the Declaration or notice —

(i)

in the case of a body corporate (including a limited liability partnership) or an unincorporated association, to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

(ii)

in the case of an individual, to the individual; or

(iii)

in the case of a partnership (other than a limited liability partnership), to any partner or other like officer of the partnership;

(b)

by leaving a copy of the Declaration or notice —

(i)

in the case of an individual, at the individual’s usual or last known place of residence with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; or

(ii)

in the case of an owner or operator other than an individual, at the owner’s or operator’s business address;

(ba)if the owner or operator is an individual, by affixing a copy of the Declaration or notice in a conspicuous place at the individual’s usual or last known place of residence or at the individual’s business address;

(c)

by posting the Declaration or notice by ordinary or registered post to the business address, or usual or last known address in Singapore, of the owner or operator;

(d)

if the owner or operator has an email address which the person may be contacted at — by sending an electronic communication of a copy of the Declaration or notice to that email address;

(e)

if the owner or operator has an account created with an internet intermediary for the use of an internet intermediary service, and that internet intermediary service provides a mechanism for that owner or operator to receive electronic communications in that account — by sending an electronic communication of a copy of the Declaration or notice to that account;

(f)

if the owner or operator maintains an Internet website, a blog or a page on any social media or social networking Internet website, and that Internet website, blog or page on that social media or social networking Internet website provides a mechanism for correspondence with the person, or the posting of comments, on that Internet website, blog or page on that social media or social networking Internet website — by posting an electronic communication of the Declaration or notice on that Internet website, blog or page on that social media or social networking Internet website.

Subregulation 2

If the person on whom a declaration is to be served —

(a)

cannot, by the exercise of due diligence, be found; or

(b)

does not —

(i)

appear to have a business address, or usual or last known address in Singapore;

(ii)

appear to have any email address, or any account created with an internet intermediary for the use of an internet intermediary service, through which service can be effected under paragraph (1); and

(iii)

appear to have maintained any Internet website, a blog or a page on any social media or social networking Internet website through which service can be effected under paragraph (1),the declaration may be served by causing a notification containing the following information to be published in the Gazette:

(c)

a statement identifying the Declaration;

(d)

a statement that the person to be served may obtain a copy of the Declaration from the Competent Authority by writing to the address or email address specified in the notification, or by any other way that may be specified in the notification.

Regulation 11 — Protection from Online Falsehoods and Manipulation Regulations 2019