§ 10 — Undertaking “electronic communications activity” or “online communications activity”

10.—(1) In this Act, a person undertakes electronic communications activity in relation to any information or material if the person communicates or distributes the information or material, or something that contains the information or material, whether or not in the course of business, on or by —(a)

an SMS service;

(b)

an MMS service;

(c)

a social media service;

(d)

a relevant electronic service; or

(e)

an internet access service.

(2) Without limiting subsection (1), a person is also to be treated, for the purposes of this Act, as undertaking electronic communications activity in relation to any information or material (whether or not also produced by the person) if the person does any of the following, in the course of business or otherwise:(a)

describe to the general public in Singapore how to obtain access to the information or material, or something that contains the information or material, that is provided or posted in a manner described in subsection (1);

Illustration

Setting out the name of a website, an IP address, a URL, a password or the name of a newsgroup.

(b)

give the information or material, or something that contains the information or material, to an intermediary to communicate or distribute to the public;

(c)

initiate or instigate the sending of information or material to end‑users of a social media service, a relevant electronic service or an internet access service who do not voluntarily access the information or material, by means which do not need any individual to operate the systems that cause information or material to be provided on or sent using that service;

(d)

make known the information or material, or something containing the information or material, to the public by any other means online.

(3) In this Act, a person undertakes online communications activity in relation to any information or material if the person communicates or distributes the information or material, or something that contains the information or material, whether or not in the course of business, on or by —(a)

a social media service;

(b)

a relevant electronic service; or

(c)

an internet access service.

(4) However, a person does not undertake an electronic communications activity or online communications activity in relation to any information or material by reason only that —(a)

the person is a provider of —(i)

a social media service;

(ii)

an internet access service;

(iii)

a telecommunication service;

(iv)

a relevant electronic service; or

(v)

a hosting service; and

(b)

the person makes available, in the course of business of providing a service mentioned in paragraph (a), information or material produced entirely by another person —(i)

without altering the information or material; or

(ii)

only altering the information or material to the extent to fit time, space or format constraints.

—(1) In this Act, a person undertakes electronic communications activity in relation to any information or material if the person communicates or distributes the information or material, or something that contains the information or material, whether or not in the course of business, on or by —(a)

an SMS service;

(b)

an MMS service;

(c)

a social media service;

(d)

a relevant electronic service; or

(e)

an internet access service.

(2) Without limiting subsection (1), a person is also to be treated, for the purposes of this Act, as undertaking electronic communications activity in relation to any information or material (whether or not also produced by the person) if the person does any of the following, in the course of business or otherwise:(a)

describe to the general public in Singapore how to obtain access to the information or material, or something that contains the information or material, that is provided or posted in a manner described in subsection (1);

Illustration

Setting out the name of a website, an IP address, a URL, a password or the name of a newsgroup.

(b)

give the information or material, or something that contains the information or material, to an intermediary to communicate or distribute to the public;

(c)

initiate or instigate the sending of information or material to end‑users of a social media service, a relevant electronic service or an internet access service who do not voluntarily access the information or material, by means which do not need any individual to operate the systems that cause information or material to be provided on or sent using that service;

(d)

make known the information or material, or something containing the information or material, to the public by any other means online.

(3) In this Act, a person undertakes online communications activity in relation to any information or material if the person communicates or distributes the information or material, or something that contains the information or material, whether or not in the course of business, on or by —(a)

a social media service;

(b)

a relevant electronic service; or

(c)

an internet access service.

(4) However, a person does not undertake an electronic communications activity or online communications activity in relation to any information or material by reason only that —(a)

the person is a provider of —(i)

a social media service;

(ii)

an internet access service;

(iii)

a telecommunication service;

(iv)

a relevant electronic service; or

(v)

a hosting service; and

(b)

the person makes available, in the course of business of providing a service mentioned in paragraph (a), information or material produced entirely by another person —(i)

without altering the information or material; or

(ii)

only altering the information or material to the extent to fit time, space or format constraints.