§ 13 — Supplementary interpretive provisions for communications activity

13.—(1) In this Act, unless the context otherwise requires —“app distribution service” means a service that enables end‑users physically present in Singapore —(a)

to download an app that facilitates the posting of information or material on a social media service or a relevant electronic service; and

(b)

where the download of the app is by means of an internet access service;

“covered information or material”, in relation to a Part 3 direction, means any information or material that —(a)

is or has been published in Singapore because of any online communications activity; and

(b)

is —(i)

in the case of a Class 4 must‑carry direction — about a proscribed online location covered by the Class 4 must‑carry direction; or

(ii)

in the case of any other Part 3 direction —identified in the direction, in accordance with Division 2 of Part 3, as the information or material covered by the direction;

“electronic service” means —(a)

a service that allows end‑users to access information or material using a broadcasting service or a telecommunication service for carrying messages or other information or material (whether between persons and persons, things and things or persons and things); or

(b)

a service that delivers information or material to persons having equipment appropriate for receiving that information or material, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph (a);

“functionality”, in relation to a social media service or relevant electronic service or an internet access service, includes —(a)

any feature that enables interactions of any description between end‑users of the service;

(b)

any feature that enables end‑users to search online locations or databases, index search results or otherwise retrieve information or material from the search results; and

(c)

any feature enabling an end‑user to do anything as follows:(i)

creating a user profile, including an anonymous or pseudonymous profile;

(ii)

searching within the service for user‑generated content or other users of the service;

(iii)

forwarding content to, or sharing content with, other users of the service;

(iv)

sharing content on any internet‑based services;

(v)

sending direct messages to or speaking to other users of the service, or interacting with them in another way (such as by playing a game);

(vi)

expressing a view on content;

Examples

Applying a “like” or “dislike” button or other similar button.

Applying an emoji or symbol of any kind.

Engaging in yes/no voting.

Rating or scoring content in any way.

(vii)

sharing current or historic location information with other users of the service, recording a user’s movements, or identifying which other users of the service are nearby;

(viii)

following or subscribing to particular kinds of content or particular users of the service;

(ix)

creating lists, collections, archives or directories of content or users of the service;

(x)

tagging or labelling content present on the service;

(xi)

uploading content relating to goods or services;

(xii)

applying or changing settings on the service which affect the presentation of user‑generated content on the service;

(xiii)

accessing other internet services through content present on the service (such as through hyperlinks);

“identified”, for any covered information or material under a Part 3 direction, means information or material that is identified specially, or described generally as to be identifiable, in the Part 3 direction as the covered information or material;

“internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore, that —

(a)

enables end‑users to access information or material on the Internet using that service; or

(b)

delivers information or material to persons having equipment appropriate for receiving that information or material on the Internet, where the delivery of the service is by a telecommunication service described in paragraph (a),

but excludes a relevant electronic service, a social media service and any other telecommunication service excluded by the Regulations;

Illustrations

Internet Access Service Provider licensed under the Telecommunications Act 1999.

Internet reseller service, localised or non‑localised.

“MMS” means an electronic service that enables the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile telephone to another mobile telephone through a telecommunication service;

“MMS message” means a message (whether or not accompanied by any sound or images) sent using an MMS;

“point‑to‑multipoint service” means an electronic service which allows a person to transmit material to more than one end‑user simultaneously;

“proprietor”, for an online location, means a person who —(a)

develops and maintains the online location;

(b)

organises, manages or supervises the use of the online location;

(c)

manages or regulates membership of, or access to, the online location; or

(d)

has the authority to decide whether any information or material may be included or excluded on the online location, or where to place the information or material on the online location or otherwise exercise editorial control over the online location;

“relevant activities”, for a provider of a social media service, a relevant electronic service or an internet access service, has the meaning given by subsection (3);

“relevant electronic service” means any of the following electronic services that is supplied to the public:(a)

an electronic service that enables end‑users to communicate, by means of email, with other end‑users;

(b)

an online instant messaging service that enables end‑users to communicate with other end‑users;

(c)

a service that enables end‑users to play online games with other end‑users;

(d)

a service that specialises in providing links or facilitating access to, or information about, online locations, such as (but not limited to) a search engine, directory service or web browser;

(e)

a point‑to‑multipoint service;

“SMS” means an electronic service that enables the transmission of short text messages from an end‑user on a mobile telephone to another mobile telephone through a telecommunication service;

“SMS message” means a text message sent using an SMS;

“social media service” means —(a)

an electronic service that satisfies all the following characteristics:(i)

the sole or primary purpose of the service is to enable online interaction or linking between 2 or more end‑users (including enabling end‑users to share content for social purposes);

(ii)

the service allows end‑users to post information or material on the service;

(iii)

such other characteristics as are prescribed by Regulations; or

(b)

an electronic service prescribed by Regulations as a social media service,

but does not include a service which would otherwise be a social media service if none of the information or material on the service is accessible by, or delivered to, one or more end‑users physically present in Singapore.

(2) For the purposes of this Act, if —(a)

a person (H) hosts stored information or stored material that has been posted — (i)

on a social media service;

(ii)

on a relevant electronic service; or

(iii)

using an internet access service; and

(b)

H or another person provides —(i)

a social media service;

(ii)

a relevant electronic service; or

(iii)

an internet access service,

by which the hosted information or material is provided,

the hosting of the stored information or stored material by H must be treated as the provision by H of a hosting service in relation to the social media service, relevant electronic service or internet access service unless the hosting of stored information or stored material is integral to the provision of the social media service, relevant electronic service or internet access service.

(3) For the purposes of this Part, the relevant activities of a person who is the provider of a social media service, a relevant electronic service or an internet access service are —(a)

for a provider of a social media service — the provision of the social media service to one or more end‑users who are physically present in Singapore if the service has accounts for end‑users;

(b)

for the provider of a relevant electronic service — the provision of the relevant electronic service to one or more end‑users who are physically present in Singapore if the service has accounts for end‑users; or

(c)

for the provider of an internet access service —(i)

the operation by the person of any telecommunication network (including installation or plant) or facility in Singapore in connection with the provision of the internet access service; and

(ii)

the provision of the internet access service with a Singapore link.

(4) In determining whether an end‑user is physically present in Singapore, it is to be assumed that the end‑user will not falsify or conceal the end‑user’s identity or location.

(5) For the purposes of this Act —(a)

an online location has a Singapore link if any information or material included or otherwise on, or any service provided from the online location, is accessible by, or delivered to, one or more end‑users physically present in Singapore; and

(b)

an internet access service has a Singapore link if any information or material included or otherwise provided using that service is accessible by, or delivered to, one or more end‑users of the service who are physically present in Singapore.

—(1) In this Act, unless the context otherwise requires —“app distribution service” means a service that enables end‑users physically present in Singapore —(a)

to download an app that facilitates the posting of information or material on a social media service or a relevant electronic service; and

(b)

where the download of the app is by means of an internet access service;

“covered information or material”, in relation to a Part 3 direction, means any information or material that —(a)

is or has been published in Singapore because of any online communications activity; and

(b)

is —(i)

in the case of a Class 4 must‑carry direction — about a proscribed online location covered by the Class 4 must‑carry direction; or

(ii)

in the case of any other Part 3 direction —identified in the direction, in accordance with Division 2 of Part 3, as the information or material covered by the direction;

“electronic service” means —(a)

a service that allows end‑users to access information or material using a broadcasting service or a telecommunication service for carrying messages or other information or material (whether between persons and persons, things and things or persons and things); or

(b)

a service that delivers information or material to persons having equipment appropriate for receiving that information or material, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph (a);

“functionality”, in relation to a social media service or relevant electronic service or an internet access service, includes —(a)

any feature that enables interactions of any description between end‑users of the service;

(b)

any feature that enables end‑users to search online locations or databases, index search results or otherwise retrieve information or material from the search results; and

(c)

any feature enabling an end‑user to do anything as follows:(i)

creating a user profile, including an anonymous or pseudonymous profile;

(ii)

searching within the service for user‑generated content or other users of the service;

(iii)

forwarding content to, or sharing content with, other users of the service;

(iv)

sharing content on any internet‑based services;

(v)

sending direct messages to or speaking to other users of the service, or interacting with them in another way (such as by playing a game);

(vi)

expressing a view on content;

Examples

Applying a “like” or “dislike” button or other similar button.

Applying an emoji or symbol of any kind.

Engaging in yes/no voting.

Rating or scoring content in any way.

(vii)

sharing current or historic location information with other users of the service, recording a user’s movements, or identifying which other users of the service are nearby;

(viii)

following or subscribing to particular kinds of content or particular users of the service;

(ix)

creating lists, collections, archives or directories of content or users of the service;

(x)

tagging or labelling content present on the service;

(xi)

uploading content relating to goods or services;

(xii)

applying or changing settings on the service which affect the presentation of user‑generated content on the service;

(xiii)

accessing other internet services through content present on the service (such as through hyperlinks);

“identified”, for any covered information or material under a Part 3 direction, means information or material that is identified specially, or described generally as to be identifiable, in the Part 3 direction as the covered information or material;

“internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore, that —

(a)

enables end‑users to access information or material on the Internet using that service; or

(b)

delivers information or material to persons having equipment appropriate for receiving that information or material on the Internet, where the delivery of the service is by a telecommunication service described in paragraph (a),

but excludes a relevant electronic service, a social media service and any other telecommunication service excluded by the Regulations;

Illustrations

Internet Access Service Provider licensed under the Telecommunications Act 1999.

Internet reseller service, localised or non‑localised.

“MMS” means an electronic service that enables the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile telephone to another mobile telephone through a telecommunication service;

“MMS message” means a message (whether or not accompanied by any sound or images) sent using an MMS;

“point‑to‑multipoint service” means an electronic service which allows a person to transmit material to more than one end‑user simultaneously;

“proprietor”, for an online location, means a person who —(a)

develops and maintains the online location;

(b)

organises, manages or supervises the use of the online location;

(c)

manages or regulates membership of, or access to, the online location; or

(d)

has the authority to decide whether any information or material may be included or excluded on the online location, or where to place the information or material on the online location or otherwise exercise editorial control over the online location;

“relevant activities”, for a provider of a social media service, a relevant electronic service or an internet access service, has the meaning given by subsection (3);

“relevant electronic service” means any of the following electronic services that is supplied to the public:(a)

an electronic service that enables end‑users to communicate, by means of email, with other end‑users;

(b)

an online instant messaging service that enables end‑users to communicate with other end‑users;

(c)

a service that enables end‑users to play online games with other end‑users;

(d)

a service that specialises in providing links or facilitating access to, or information about, online locations, such as (but not limited to) a search engine, directory service or web browser;

(e)

a point‑to‑multipoint service;

“SMS” means an electronic service that enables the transmission of short text messages from an end‑user on a mobile telephone to another mobile telephone through a telecommunication service;

“SMS message” means a text message sent using an SMS;

“social media service” means —(a)

an electronic service that satisfies all the following characteristics:(i)

the sole or primary purpose of the service is to enable online interaction or linking between 2 or more end‑users (including enabling end‑users to share content for social purposes);

(ii)

the service allows end‑users to post information or material on the service;

(iii)

such other characteristics as are prescribed by Regulations; or

(b)

an electronic service prescribed by Regulations as a social media service,

but does not include a service which would otherwise be a social media service if none of the information or material on the service is accessible by, or delivered to, one or more end‑users physically present in Singapore.

(2) For the purposes of this Act, if —(a)

a person (H) hosts stored information or stored material that has been posted — (i)

on a social media service;

(ii)

on a relevant electronic service; or

(iii)

using an internet access service; and

(b)

H or another person provides —(i)

a social media service;

(ii)

a relevant electronic service; or

(iii)

an internet access service,

by which the hosted information or material is provided,

the hosting of the stored information or stored material by H must be treated as the provision by H of a hosting service in relation to the social media service, relevant electronic service or internet access service unless the hosting of stored information or stored material is integral to the provision of the social media service, relevant electronic service or internet access service.

(3) For the purposes of this Part, the relevant activities of a person who is the provider of a social media service, a relevant electronic service or an internet access service are —(a)

for a provider of a social media service — the provision of the social media service to one or more end‑users who are physically present in Singapore if the service has accounts for end‑users;

(b)

for the provider of a relevant electronic service — the provision of the relevant electronic service to one or more end‑users who are physically present in Singapore if the service has accounts for end‑users; or

(c)

for the provider of an internet access service —(i)

the operation by the person of any telecommunication network (including installation or plant) or facility in Singapore in connection with the provision of the internet access service; and

(ii)

the provision of the internet access service with a Singapore link.

(4) In determining whether an end‑user is physically present in Singapore, it is to be assumed that the end‑user will not falsify or conceal the end‑user’s identity or location.

(5) For the purposes of this Act —(a)

an online location has a Singapore link if any information or material included or otherwise on, or any service provided from the online location, is accessible by, or delivered to, one or more end‑users physically present in Singapore; and

(b)

an internet access service has a Singapore link if any information or material included or otherwise provided using that service is accessible by, or delivered to, one or more end‑users of the service who are physically present in Singapore.