Singapore legislation
Regulation 78
Regulation 78
Requirements relating to take‑down notices
Subregulation 1
This section prescribes, under section 323, requirements in relation to a take‑down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii).
Subregulation 2
A take‑down notice must be served on the NSP, and for this purpose —
the address, fax number (if any) and email address published under regulation 76(2) may be used for service on the NSP in accordance with regulation 3; and
the NSP is deemed to have given prior consent for service by email at the email address published under regulation 76(2).
Subregulation 3
A take‑down notice must be —
in or substantially in the specified form; and
signed by the complainant.
Subregulation 4
A take‑down notice must state all the following matters:
the name and address of —
the complainant; and
the rights owner of the relevant work or performance (if the rights owner is not the complainant);
if the complainant is not resident in Singapore — the complainant’s address for service in Singapore;
a telephone number, a fax number (if any) and an email address at which the complainant can be contacted;
sufficient particulars to enable the NSP to —
identify the relevant work or performance;
identify and locate the alleged infringing copy (being an electronic copy) of the relevant work or performance, including the online location of that copy; and
if the take‑down notice is given under section 319(2)(b)(iii) (locating information) — identify and locate the means by which the NSP is alleged to have referred or linked a user of any network to the online location of the alleged infringing copy;
where the alleged infringing copy is on the NSP’s primary network — a statement that the complainant requires the NSP to remove or disable access to the alleged infringing copy;
where the alleged infringing copy is on a network other than the NSP’s primary network — a statement that the complainant requires the NSP to disable access to that alleged infringing copy;
a statement that the complainant, in good faith, believes that the alleged infringing copy is in fact an infringing copy of the relevant work or performance;
if the take‑down notice is given under section 317(2)(b) (system caching) — a statement —
that the alleged infringing copy is a cached copy of an electronic copy of the relevant work or performance that was made available on a network; and
that —
the latter copy has been removed from that network or access to the latter copy on that network has been disabled; or
a court has ordered that the latter copy be removed from that network or that access to the latter copy on that network be disabled;
a statement that the information in the notice is accurate;
a statement that the complainant —
is the rights owner of the relevant work or performance; or
is authorised to act on behalf of the rights owner of the relevant work or performance;
a statement that the complainant submits to the jurisdiction of the courts of Singapore for the purposes of any proceedings relating to any liability under section 324(2)(b).
Subregulation 5
In this regulation, “complainant” means a person giving a take‑down notice.