Types of Part 3 directions
Open ↗29. The Part 3 directions and the persons to whom they may be given are in the table below:Item
Direction
Recipient may be
1.
Stop communication (end‑user) direction
A particular person, or particular end‑user of a social media service or relevant electronic service or an internet access service.
2.
Disabling direction
A provider of a social media service.
A provider of a relevant electronic service.
3.
Class 1 must‑carry direction
A particular person, or particular end‑user to whom a stop communication (end‑user) direction is given.
Any other particular person, or particular end‑user of a social media service or relevant electronic service or an internet access service.
4.
Class 2 must‑carry direction
A provider of a social media service.
A provider of a relevant electronic service.
5.
Class 3 must‑carry direction
A provider of a social media service.
A provider of a relevant electronic service.
A provider of a telecommunication service who holds a licence under section 5 of the Telecommunications Act 1999.
A person who is authorised by a permit under section 21 of the Newspaper and Printing Presses Act 1974 to publish (for sale or otherwise) a newspaper in Singapore.
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 provider of a prescribed service that is likely to bring the giving of a Class 3 must‑carry direction to the attention of the public.
6.
Class 4 must‑carry direction
A proprietor of a proscribed online location.
7.
Remedial must‑carry direction
A person to whom a Class 2 must‑carry direction or a Class 3 must‑carry direction is given and who has failed to comply with the direction in a rectifiable way.
8.
Class 1 access blocking direction
A provider of an internet access service.
9.
Class 2 access blocking direction
A provider of an internet access service by means of which information or material on the proscribed online location continues to be published in Singapore.
A provider of a social media service or a relevant electronic service by means of which one or more end‑users in Singapore have used or are using the same to access information or material on the proscribed online location.
10.
Account restriction direction
A provider of a social media service.
A provider of a relevant electronic service.
11.
Service restriction direction
A provider of a social media service.
A provider of a relevant electronic service.
A provider of an internet access service with a Singapore link.
12.
Technical assistance direction
A provider of a social media service.
A provider of a relevant electronic service.
A provider of an internet access service with a Singapore link.
A provider of a hosting service.
A provider of an app distribution service.
A proprietor of an online location.
13.
App removal direction
A provider of an app distribution service.
14.
Disgorgement direction
A citizen of Singapore, whether or not resident in Singapore and whether or not a Part 4 politically significant person.
An individual who is not a citizen of Singapore but is resident in Singapore.
A partnership carrying on a business in Singapore and registered under the Business Names Registration Act 2014.
A body corporate that is registered under the Companies Act 1967 or the Limited Liability Partnerships Act 2005.
An association (whether incorporate or not) that is registered under the Co‑operative Societies Act 1979, the Societies Act 1966, the Trade Unions Act 1940 or the Platform Workers Act 2024.
[Act 30 of 2024 wef 01/11/2024]
Stop communication (end‑user) direction — content
Open ↗30. A stop communication (end‑user) direction may require the particular person or particular end‑user to whom it is given to do one or more of the following within the time specified in the direction:(a)
to take all reasonable steps to ensure the removal, from the social media service, relevant electronic service or internet access service (as the case may be) of covered information or material identified in the direction that —(i)
the person or end‑user provided or posted on the social media service or relevant electronic service or using the internet access service; and
(ii)
is published in Singapore;
(b)
to stop undertaking online communications activity to further publish in Singapore the following:(i)
the covered information or material identified in the direction;
(ii)
any information or material that is similar to the information or material in sub‑paragraph (i).
Disabling direction — content
Open ↗31. A disabling direction may require a person who is the provider of a social media service, or a relevant electronic service, by means of which covered information or material identified in the direction is or has been published in Singapore, to take all reasonable steps, in relation to all or any of the person’s relevant activities, to disable access by end‑users in Singapore to all or any of the following: (a)
that covered information or material provided on or by that social media service or relevant electronic service;
(b)
any other identical copies of that covered information or material provided on or by that social media service or relevant electronic service, where this requirement is expressed in the direction.
Must‑carry directions — content
Open ↗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.
Access blocking direction — content and preconditions
Open ↗33.—(1) An access blocking direction may be a Class 1 access blocking direction or a Class 2 access blocking direction.
(2) An access blocking direction may require a provider of a social media service or relevant electronic service or an internet access service to whom the direction is given to take all reasonable steps, within or during the time specified in the direction, to disable access by every end‑user in Singapore to the covered information or material in the direction and provided on or by a social media service or relevant electronic service or on an online location, as the case may be.[Act 8 of 2023 wef 01/06/2023]
(3) A Class 1 access blocking direction may be given to a provider of an internet access service by means of which covered information or material continues to be published in Singapore, but only where all the following special preconditions are met: (a)
a person is given any Part 3 direction (except a technical assistance direction);
(b)
the Part 3 direction in paragraph (a) is not cancelled;
(c)
the covered information or material in that Part 3 direction in paragraph (a) continues to be published in Singapore after that non‑compliance;
(d)
one or more end‑users in Singapore have used or are using the internet access service of that provider to access the covered information or material.
(4) A Class 2 access blocking direction must relate to a proscribed online location only and may be given to —(a)
a provider of an internet access service by means of which information or material on the proscribed online location continues to be published in Singapore; or
(b)
a provider of a social media service or a relevant electronic service by means of which one or more end‑users in Singapore have used or are using the same to access information or material on the proscribed online location,
but only where the Minister is of the opinion that all the following special preconditions are met:
(c)
either —(i)
paid content included on the proscribed online location is published in Singapore after a prescribed period starting the date the declaration is made under section 24, 25 or 26 with respect to that online location; or
(ii)
a Class 4 must‑carry direction relating to the proscribed online location is not complied with;
(d)
the declaration under section 24, 25 or 26 is not revoked;
(e)
one or more end‑users in Singapore have used or are using the social media service, relevant electronic service or internet access service (as the case may be) of that provider to access information or material on that proscribed online location.
Account restriction direction — content
Open ↗34. An account restriction direction may require the provider of a social media service or relevant electronic service to take all reasonable steps, within the time specified in the direction, to terminate or suspend any functionality of the social media service or relevant electronic service (as the case may be) that —(a)
enables interactions of any description between end‑users of the service, or sending direct messages to or speaking to other end‑users of the service, or interacting with them in another way, either —(i)
generally in relation to end‑users physically present in Singapore; or
(ii)
in relation to any other particular end‑user physically present in Singapore; and
(b)
is provided to one or more particular accounts specified in the direction.
Service restriction direction — content
Open ↗35.—(1) A service restriction direction may require a provider of a social media service or relevant electronic service or an internet access service to whom it is given to take all reasonable steps to do one or more of the following within the time specified in the direction, in relation to all or any of the provider’s relevant activities:(a)
to stop or delay delivery of or access to messages or information or material transmitted or accessible to end‑users physically present in Singapore who use or may use the social media service, relevant electronic service or internet access service, as the case may be;
(b)
to restrict access to messages or information or material transmitted or accessible to end‑users physically present in Singapore who use or may use the social media service, relevant electronic service or internet access service, as the case may be;
(c)
to alter any functionality of the social media service, relevant electronic service or internet access service (as the case may be) provided to end‑users physically present in Singapore who use or may use the service;
(d)
to suspend or curtail the supply or provision of the service.
(2) A service restriction direction may require the doing of any thing in subsection (1)(a), (b), (c) or (d) with respect to the provision of a social media service or relevant electronic service or an internet access service —(a)
to any area in Singapore; or
(b)
to one or more groups of end‑users who use or may use the service,
but cannot be expressed to apply to the supply or provision of the service to a particular person.
Technical assistance direction — content
Open ↗36. A technical assistance direction may require a person to whom the direction is given to do one or more of the following within the time specified in the direction, in relation to all or any of the person’s relevant activities:(a)
to provide information about whether any account maintained by the person for a customer is that for a foreigner;
(b)
to provide technical information or other information about the person’s relevant activity as specified in the direction;
(c)
to take any other step directed towards ensuring that the person is capable of giving help to the competent authority which the competent authority requires in the public interest.
App removal direction — content and preconditions
Open ↗37.—(1) An app removal direction may require a person to whom the direction is given to —(a)
stop enabling end‑users of the app distribution service and physically present in Singapore to download, using that service, a particular app that is specified in the direction; and
(b)
notify the competent authority that the person has stopped enabling such end‑users to download that app.
(2) The special preconditions for an app removal direction are —(a)
either —(i)
a Part 3 direction (except a technical assistance direction or another app removal direction) has been given at least once relating to particular covered information or material of the same or similar kind; or
(ii)
any type of Part 3 direction (except a technical assistance direction or another app removal direction) has been given relating to covered information or material of the same or similar kind;
(b)
none of the Part 3 directions in paragraph (a) has been cancelled; and
(c)
one or more end‑users in Singapore are using or may use the app to access the covered information or material.
(3) This Part does not authorise the giving of any app removal direction to a provider of an app distribution service if no end‑user of the service who is physically present in Singapore could download an app using that service.
Disgorgement direction — content
Open ↗38.—(1) A disgorgement direction may require a person to whom the direction is given to do either of the following, within the time specified in the direction, with respect to covered information or material published in Singapore by or on behalf of that person by the undertaking of any online communications activity:(a)
to take all reasonable steps to send back, or pay an equivalent amount of, every defined property accepted by the person —(i)
to the foreign principal who supplied or transferred the property; or
(ii)
to any other person appearing to be acting on behalf of the foreign principal in sub‑paragraph (i);
(b)
to take all reasonable steps to surrender to the competent authority the defined property mentioned in paragraph (a) or an equivalent amount of the value of the defined property.
(2) Any amount collected by the competent authority under subsection (1)(b) must be paid into the Consolidated Fund.
(3) In this section, a defined property supplied or transferred to a person includes any benefit, the whole or any part of which is made to or offered —(a)
by or on behalf of a foreign principal; and
(b)
with a view to, or otherwise in connection with, the person undertaking any online communications activity to publish or enable the publishing in Singapore of any information or material.
(4) For the purposes of this section, any property is treated as accepted by a person to whom a disgorgement direction is given with respect to covered information or material published in Singapore by or on behalf of that person by the undertaking of any online communications activity if —(a)
any part of the property has been received by the person; and
(b)
the whole or part of the property was used, or is intended to be used, by the person to meet any expenditure in connection with the person undertaking any online communications activity to publish or enable the publishing in Singapore of the information or material.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
