§ 32 — Must‑carry directions — content

32.—(1) A must‑carry direction may be a Class 1, Class 2, Class 3 or Class 4 must‑carry direction, or a remedial must‑carry direction.(2) A must‑carry direction may require a person to whom it is given to take all reasonable steps, to do all or any of the following within and during the time specified in the direction, to publish, post, display or include a mandatory message —(a)

about the covered information or material identified in the direction;

(b)

in the manner prescribed by Regulations; and

(c)

in a conspicuous manner as specified in the direction.

(3) In this section, “mandatory message” means a message or statement of the text set out, or effect described, in a must‑carry direction.

(4) The covered information or material in a Class 1 must‑carry direction is any of the following information or material which is identified in the direction:(a)

if the Class 1 must‑carry direction is given to a particular person or end‑user to whom a stop communication (end‑user) direction is given —(i)

any covered information or material identified in the stop communication (end‑user) direction; and

(ii)

any information or material similar to the information or material mentioned in sub‑paragraph (i), which is or has been posted or provided by the end‑user on a social media service or relevant electronic service or using an internet access service;

(b)

if the Class 1 must‑carry direction is given to any other particular person — any information or material which is or has been posted or provided by the person on a social media service or relevant electronic service or using an internet access service.

(5) The covered information or material in a Class 2 must‑carry direction is any of the following information or material which is identified in the direction:(a)

any information or material which is or has been posted or provided on a social media service or relevant electronic service or using an internet access service provided by the person given the Class 2 must‑carry direction;

(b)

an identical copy of any information or material mentioned in paragraph (a) which is or may be accessed by an end‑user by means of a social media service or relevant electronic service or an internet access service provided by the person given the Class 2 must‑carry direction.

(6) The covered information or material in —(a)

a Class 3 must‑carry direction is information or material which is identified in the direction and any other information or material which is similar thereto; or

(b)

a Class 4 must‑carry direction is information or material about a proscribed online location.

(7) The covered information or material in a remedial must‑carry direction is covered information or material identified in a Class 2 must‑carry direction or Class 3 must‑carry direction which has not been complied with, and any other information or material which is similar thereto.

(8) For the purposes of sections 17 and 18 of the Broadcasting Act 1994, every Class 3 must‑carry direction given to a person who is authorised by a licence under section 8 of the Broadcasting Act 1994, to provide a licensable broadcasting service in or from Singapore —(a)

is deemed to be a programme provided by the Government through the Info‑communications Media Development Authority and required by that Authority to be broadcast under the person’s licence; and

(b)

must be broadcast without charge to or subsidy from the Info‑communications Media Development Authority or the Government.

—(1) A must‑carry direction may be a Class 1, Class 2, Class 3 or Class 4 must‑carry direction, or a remedial must‑carry direction.

(2) A must‑carry direction may require a person to whom it is given to take all reasonable steps, to do all or any of the following within and during the time specified in the direction, to publish, post, display or include a mandatory message —(a)

about the covered information or material identified in the direction;

(b)

in the manner prescribed by Regulations; and

(c)

in a conspicuous manner as specified in the direction.

(3) In this section, “mandatory message” means a message or statement of the text set out, or effect described, in a must‑carry direction.

(4) The covered information or material in a Class 1 must‑carry direction is any of the following information or material which is identified in the direction:(a)

if the Class 1 must‑carry direction is given to a particular person or end‑user to whom a stop communication (end‑user) direction is given —(i)

any covered information or material identified in the stop communication (end‑user) direction; and

(ii)

any information or material similar to the information or material mentioned in sub‑paragraph (i), which is or has been posted or provided by the end‑user on a social media service or relevant electronic service or using an internet access service;

(b)

if the Class 1 must‑carry direction is given to any other particular person — any information or material which is or has been posted or provided by the person on a social media service or relevant electronic service or using an internet access service.

(5) The covered information or material in a Class 2 must‑carry direction is any of the following information or material which is identified in the direction:(a)

any information or material which is or has been posted or provided on a social media service or relevant electronic service or using an internet access service provided by the person given the Class 2 must‑carry direction;

(b)

an identical copy of any information or material mentioned in paragraph (a) which is or may be accessed by an end‑user by means of a social media service or relevant electronic service or an internet access service provided by the person given the Class 2 must‑carry direction.

(6) The covered information or material in —(a)

a Class 3 must‑carry direction is information or material which is identified in the direction and any other information or material which is similar thereto; or

(b)

a Class 4 must‑carry direction is information or material about a proscribed online location.

(7) The covered information or material in a remedial must‑carry direction is covered information or material identified in a Class 2 must‑carry direction or Class 3 must‑carry direction which has not been complied with, and any other information or material which is similar thereto.

(8) For the purposes of sections 17 and 18 of the Broadcasting Act 1994, every Class 3 must‑carry direction given to a person who is authorised by a licence under section 8 of the Broadcasting Act 1994, to provide a licensable broadcasting service in or from Singapore —(a)

is deemed to be a programme provided by the Government through the Info‑communications Media Development Authority and required by that Authority to be broadcast under the person’s licence; and

(b)

must be broadcast without charge to or subsidy from the Info‑communications Media Development Authority or the Government.