Page:Copyright Act 2021.pdf/221

222 Requirements relating to take-down or restoration notices, etc.

323. A take-down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) or a restoration notice under section 322(3)(c) or (4)(c)(i) must—
 * (a) be served in the prescribed manner;
 * (b) be in or substantially in the prescribed form; and
 * (c) state the prescribed matters.

Making false statements in take-down or restoration notice

324.—(1) In making a take-down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) or a restoration notice under section 322(3)(c) or (4)(c)(i), a person must not make a false statement (whether in or outside Singapore) that—
 * (a) the person knows is false or does not believe is true; and
 * (b) touches a point material to the object of the notice.

(2) A person who contravenes subsection (1)—
 * (a) 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 2 years or to both; and
 * (b) shall be liable in damages to any person who suffers any loss or damage as a result of making that notice, but only to the extent that the loss or damage is reasonably foreseeable as a likely result of making that notice.

(3) If a person makes a statement outside Singapore in contravention of subsection (1), the person may be dealt with under subsection (2)(a) as if the statement were made in Singapore.

(4) Regulations may prescribe how a person may verify statements made in the notices mentioned in subsection (1), and the consequences of performing or not performing the prescribed verification.