DPCR Lec 3 Anki PDF

#separator:tab #html:false Protection from Harassment (Exempt Class of Persons) Order 2014 (“Exempt Persons Order”) Pursuant to the Exempt Persons Order, the court will not {{c1::be able to make a protection order or expedited protection order prohibiting}} the publication of an offending communicat...

#separator:tab #html:false Protection from Harassment (Exempt Class of Persons) Order 2014 (“Exempt Persons Order”) Pursuant to the Exempt Persons Order, the court will not {{c1::be able to make a protection order or expedited protection order prohibiting}} the publication of an offending communication, or an order under section 15(2) of the Act, against persons who are not originators of the offending communication or statement, or who are merely facilitating or acting as a form of conduit for the transmission of the offending communication or statement. PROTECTION FROM HARASSMENT(PRESCRIBED INTERNET INTERMEDIARIES AND OTHERS)REGULATIONS 2020 s15C (2) A disabling order may require the respondent to {{c1::disable access by end-users}} of the internet intermediary service provided by the respondent in Singapore, within a specified time, s15D Targeted correction order: A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a targeted correction order {{c2::against an internet intermediary}} (called in this section the respondent) s15E General correction order: A general correction order may require the respondent to publish in Singapore a general correction notice within a specified time in a specified form and manner (I) Section 3 POHA : Intentionally causing harrassment, alarm or distress An individual or entity must not cause any person to harassment, alarm or distress by engaging in any of the following conduct with the intent of causing, harassment, alarm or distress to another person:– use any {{c1::threatening, abusive or insulting}} words or behaviour – make any threatening, abusive or insulting communication– publish any identity information of the target person or a related person of the target person Contravention is an offence which may lead to a fine not exceeding $5,000, imprisonment for up to 6 months or both It is a defence for the accused individual or entity to prove that their conduct was reasonable (I) Section 3 POHA: Intentionally causing harrassment, alarm or distress (continued) Illustrations: (c) X and Y were formerly in a relationship which has since ended. X writes a post on a {{c1::social media platform making abusive}} and insulting remarks about Y’s alleged {{c1::sexual promiscuity}}. In a subsequent post, X includes Y’s photographs and personal mobile number, intending to cause Y harassment by facilitating the identification or contacting of Y by others. Y did not see the posts, but receives and is harassed by telephone calls and SMS messages from strangers (who have read the posts) propositioning Y for sex. X is guilty of an offence under section 3(2) in relation to each post. (d) X records a video of Y driving recklessly in a car on the road. X posts the video on an online forum, where people share snippets of dangerous acts of driving on the road. X posts the video with the intent to warn people to drive defensively. (II) Section 4 POHA: Harrassment, alarm or distress An individual must not engage in any of the following conduct which is likely to be heard, seen or otherwise perceived by any person and is likely to cause harrassment, alarm or distress: – use any {{c1::threatening, abusive or insulting}} words or behaviour – make any threatening, abusive or insulting communication Contravention is an offence which may lead to a fine not exceeding $5,000 It is a defence for the accused individual or entity to prove that: – the accused had no reason to believe that the words or behaviour used or communication made would be heard, seen or otherwise perceived by the person in question – their conduct was {{c2::reasonable}} (II) Section 4 POHA : Harrassment, alarm or distress (continued) Illustration:(a) X and Y are classmates. X posts a vulgar tirade against Y on a website {{c1::accessible to all of their classmates}}. One of Y’s classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section. (III) Section 5 POHA : Fear, provocation or facilitation of violence Note elements of the offence(s), penalties and defences Illustrations:(a) X and Y are classmates. X writes a post with threatening and abusive remarks against Y on a website accessible to all their classmates. X writes a subsequent post on the same website, stating Y’s identity information and stating “Everyone, {{c1::let’s beat Y up!}}”. X is guilty of an offence under this section in respect of the subsequent post. (III) Section 5 POHA : Fear, provocation or facilitation of violence (continued) Illustrations:(b) X writes a public post on a social media platform containing {{c2::threats}} against Y.X publishes a subsequent public post stating A’s home address and a message “I {{c1::know where you live}}”. X is guilty of an offence under this section relating to conduct mentioned in section 5(1A)(a)(i) if X intends the subsequent post to cause Y to believe that violence will be used against A, or an offence under this section relating to conduct mentioned in section 5(1A)(b)(i) if X knows that it is likely that Y will believe that violence will be used against A as a result of X’s subsequent post. (c) X writes a post (on a social media platform to which Y does not have access) containing threats of violence against Y and calling others to “hunt him down and teach him a lesson”. B posts Y’s home address in reply to X’s post. B is guilty of an offence under this section. (IV) Section 6 POHA : Offences in relation to public servant or public service worked Note elements of the offence(s), penalties and defences Illustration:X is unhappy that a public servant, Y, refused to waive a late payment charge. X writes several posts on an open social media platform with abusive comments about Y in relation to the incident. In a subsequent post, X posts Y’s name, home address and photograph on the same {{c1::open social media platform}} in order to cause Y distress. Y is distressed by the subsequent post. X is guilty of an offence under this section. (I) Section 11 POHA : Action for statutory tort Victim under sections 3, 4, 5 or 7 may bring {{c1::civil proceedings}} against the individual or entity alleged to have contravened one of those sections (the “respondent”) In such proceedings, the court may award damages to the victim if satisfied on a balance of probabilities that the respondent had contravened one of those sections (II) Section 12 POHA: Protection Order Victim under sections {{c1::3 to 7}} may make an application to court for a protection order In such proceedings, the court may make a protection order if satisfied on a balance of probabilities that the respondent had {{c2::contravened one of those sections}} Deeming provision if the respondent had been {{c3::convicted of an offence}} under the relevant section Types of orders:– Stop publication order– Correction order– Disabling order– Targeted correction order– General correction order Note {{c1::procedural requirements}} in sections 15, 15A to 15E An order may be made even if the statement has been amended or has ceased to be published An order made be made against a party {{c2::in or outside Singapore}} An order may require the relevant party to do or refrain from doing an act {{c2::in or outside Singapore}} (I) Section 15A: Stop Publication Order Court may make a stop publication order (SPO) against any individual or entity (the respondent) if: – Satisfied on a balance of probabilities that the respondent published the relevant statement; – Satisfied on a balance of probabilities that the relevant statement is {{c1::a false statement of fact}}; and – It is {{c1::just and equitable}} to do so. SPO may be made even if the respondent does not know or have reason to believe that the relevant statement is false SPO may require the respondent or any other individual or entity to stop publishing the relevant statement, or a similar statement, by a specified time (II) Section {{c2::15B}}: Correction Order Court may make a correction order (SPO) against any individual or entity (the respondent) if:– Satisfied on a balance of probabilities that the respondent published the relevant statement;– Satisfied on a balance of probabilities that the relevant statement is a {{c1::false statement of fact}}; and– It is just and equitable to do so. CO may be made even if the respondent does not know or have reason to believe that the relevant statement is false CO may require the respondent to publish in Singapore a correction notice (see Act for details) (III) Section {{c2::15C: Disabling Order}} Court may make a correction order (DO) against an internet intermediary (the respondent) if: – Satisfied on a balance of probabilities any material consisting of or containing the relevant statement has been or is being published by means of an internet intermediary service provided by the respondent; – Satisfied on a balance of probabilities that the relevant statement is a false statement of fact; and – It is {{c1::just and equitable}} to do so. DO may require the respondent to disable access by end-users of the internet intermediary service provided by the respondent in Singapore (see Act for details) See also Targeted Correction Order under section 15D and general correction order under section 15E Protection from Harassment (Exempt Class of Persons) Order 2014 Refer to Order for list of persons against whom no protection order may be madeis in the business of providing any of the following services: (i) making available or operating any {{c1::facility for network access}};(ii) making available any service relating to, or providing connections for, the transmission or routing of data; Protection from Harassment (Prescribed Internet Intermediaries and Others) Regulations 2020 Refer to Regulations for list of persons against whom a disabling order, targeted correction order or general correction order may be madeDisabling order2. For the purpose of section 15C(2)(b) of the Act, the prescribed internet intermediaries are as follows: (a) {{c1::Facebook, Inc., in respect of — (i) Facebook; and (ii) Instagram; (b) Twitter, Inc.}}, in respect of Twitter; POFMA = PROTECTION FROM ONLINE FALSEHOODS ANDMANIPULATION ACT 2019 – Offence for communication of false statements of fact in Singapore– Directions including: Correction direction Stop communication direction Access blocking order Directions to internet intermediaries (targeted correction direction, disabling direction, general correction direction, access blocking order) – Prescribed internet intermediaries (under the POHA Regulations) Declaration of online locations Directions to counteract {{c1::inauthentic online accounts}} and coordinated inauthentic behaviour