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§ 7 — Meanings of “publish in Singapore”, “advertise” and associated terms
7.—(1) In this Act, “publish in Singapore”, in relation to any content, means communicating, distributing, or making available or making known, the content to the general public, in whatever form and by whatever means, such as (but not limited to) —(a)
including the content in a newspaper, magazine, leaflet, brochure, ticket or other document that is available, or distributed, to the general public;
(b)
including in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the general public;
(c)
publicly displaying the content, or something that contains the content, in Singapore;
Examples
A blimp, a gas‑inflated balloon or other like object which is attached or anchored to the ground and upon which content is displayed.
An animated billboard.
A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service, where the monitor, screen, panel or appliance is situated on common property.
(d)
leaving the content, or something containing the content, in such a position in a public place and in such circumstances as to indicate that it is intended to be available for collection by members of the general public who are in a public place;
(e)
selling, hiring out or supplying the content, or something containing the content, to the general public, or offering the content, or something containing the content, for sale or supply to, or hire by, the general public;
(f)
posting the content as online material, to which any person physically present in Singapore is capable of having access through the internet;
(g)
providing the content on or by any service that —(i)
is a social media service, a relevant electronic service or a telecommunication service (such as but not limited to SMS and MMS); and
(ii)
is —(A)
between a point in Singapore and one or more other points in Singapore; or
(B)
between a point and one or more other points, where the firstmentioned point is outside Singapore and at least one of the other points is inside Singapore,
so that the content is accessible to or delivered to, one or more users of the service who are physically present in Singapore;
(h)
direct marketing of the content to any individuals physically present in Singapore; or
(i)
publishing the content on an app to which any person physically present in Singapore is capable of having access through the internet.
(2) In this Act, “advertise” or “advertising” as a verb, means to publish, or to cause or authorise to be published, any advertisement in Singapore.
(3) For the purposes of this Act and without limiting the generality of the definition of “advertise” or “advertising” in subsection (2), a person is to be treated as causing or authorising to be published, content in Singapore if the person —(a)
pays for, commissions, or authorises the content, or something that contains the content, to be published in Singapore; or
(b)
receives consideration for the display, placement or location of the content, or something that contains the content, in a manner described in subsection (1), where the display, placement or location of the advertisement is determined by systems or processes that are agreed between the parties entering into the contract relating to the advertisement.
(4) However, none of the following, of itself, amounts to advertising by an individual or a person concerned:(a)
an individual communicating —(i)
to the general public his or her personal opinion in relation to any goods or services or any person who provides goods or services; and
(ii)
without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication;
(b)
an individual communicating any content, or something that contains content, that is online material produced entirely by another person in either of the following ways, without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication:(i)
by using —(A)
a social media service;
(B)
a relevant electronic service; or
(C)
a telecommunication service (such as but not limited to SMS and MMS);
(ii)
by —(A)
forwarding the content, or the something that contains the content, to; or
(B)
sharing the content or the something that contains the content with,
other users of the service without altering the content;
(c)
an individual expressing through a functionality of a social media service or a relevant electronic service, his or her view about any content, or something that contains any content, that is content produced entirely by another person, being a functionality which enables an end‑user of the service to do anything as follows:(i)
apply a “like” or “dislike” button or other similar button;
(ii)
apply an emoji or symbol of any kind;
(iii)
engage in yes/no voting;
(iv)
rate or score the content in any way;
(d)
a person providing a service (such as a search engine service) that enables end-users of a social media service, a relevant electronic service or a telecommunication service to search online locations or online material, index search results or otherwise retrieve information or material from the search results;
(e)
a proprietor of any food business displaying or exhibiting, or causing or allowing to be displayed or exhibited, any words or symbols that appear in or on any premises occupied by the proprietor and that relate to the food business, including a menu relating to that food business;
(f)
2 or more persons communicating content between themselves that is of a private or domestic nature, by using —(i)
a social media service;
(ii)
a relevant electronic service; or
(iii)
a telecommunication service (such as but not limited to SMS and MMS);
(g)
engaging in any other conduct specified or described by the Minister, by order in the Gazette.
(5) In this section —“a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else;
“access”, in relation to any content that is online material or an online location, means to read, view, hear or otherwise experience the content, and includes —(a)
access that is subject to a precondition, such as the use of a password;
(b)
access by way of push technology;
(c)
access by way of a standing request; and
(d)
access for a limited period of time only;
“advertisement” means any content that can reasonably be regarded as intended to promote, directly or indirectly —(a)
the sale of any goods or services; or
(b)
the sale of any brand of goods or services,
but excludes a label unless included as an “advertisement” by regulations made under this Act;
“app” means an application software package that includes content accessible by end‑users, or allows end‑users to access content on the internet through the installed application software;
“direct marketing” means the sending of direct marketing material directly to an individual by direct means (such as an email, SMS or MMS) other than by an excluded electronic service;
“direct marketing material” means any content where, having regard to the nature of the content, the way in which the content is presented, and the content that can be located using the URLs, telephone numbers or contact information (if any) set out in the content, it would be concluded that the purpose, or one of the purposes, of the content is to advertise or promote —(a)
the sale of any goods or services; or
(b)
the sale of any brand of goods or services;
“excluded electronic service” means —(a)
an electronic service where the only user‑generated content enabled by that service is one‑to‑one live aural communications;
(b)
an electronic service where the only user‑generated content enabled by that service is communication between 2 or more persons that is of a private or domestic nature; or
(c)
an electronic service where the user‑generated content enabled by that service is accessible substantially or only to a closed group of persons employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business;
“MMS” means a service that enables the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile phone to another mobile phone through a telecommunication service;
“point‑to‑multipoint service” means an electronic service which allows a person to transmit material to more than one end‑user simultaneously;
“posting”, by a person of any content as online material, means the person causing the content to be accessible to, or delivered to, one or more other persons who can access the content through the internet;
“publicly display”, for any content, means to display, exhibit, screen or project the content —(a)
in a public place in order that another person may see the content;
(b)
in or on a conveyance (whether mobile or stationary) which is used to provide a public passenger transport service and is in a public place, in order that another person may see the content; or
(c)
in any place in a way so that anyone in a public place can see the content from inside or outside the firstmentioned place;
“public passenger transport service” means a service involving the transport of passengers within, or partly within, Singapore for hire or reward, by —(a)
a motor vehicle;
(b)
a train (including rolling stock); or
(c)
a vessel,
but does not include a service that provides transport by a motor vehicle that is generally conducted on land that is not a road;
“relevant electronic service” means any of the following electronic services that is supplied to the general public, and is not an excluded electronic service:(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 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;
(d)
a point‑to‑multipoint service;
“SMS” means a service that enables the transmission of short text messages from an end‑user on a mobile phone to another mobile phone through a telecommunication service;
“social media service” has the meaning given by section 45T(1) of the Broadcasting Act 1994;
“telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999.
(6) For the purposes of this section, whether any communication of content on or by a service is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors:(a)
the number of individuals in Singapore who are able to access the content by means of the service;
(b)
any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service);
(c)
the relationship between the persons that the content is being or has been communicated;
(d)
any other relevant factor.
—(1) In this Act, “publish in Singapore”, in relation to any content, means communicating, distributing, or making available or making known, the content to the general public, in whatever form and by whatever means, such as (but not limited to) —(a)
including the content in a newspaper, magazine, leaflet, brochure, ticket or other document that is available, or distributed, to the general public;
(b)
including in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the general public;
(c)
publicly displaying the content, or something that contains the content, in Singapore;
Examples
A blimp, a gas‑inflated balloon or other like object which is attached or anchored to the ground and upon which content is displayed.
An animated billboard.
A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service, where the monitor, screen, panel or appliance is situated on common property.
(d)
leaving the content, or something containing the content, in such a position in a public place and in such circumstances as to indicate that it is intended to be available for collection by members of the general public who are in a public place;
(e)
selling, hiring out or supplying the content, or something containing the content, to the general public, or offering the content, or something containing the content, for sale or supply to, or hire by, the general public;
(f)
posting the content as online material, to which any person physically present in Singapore is capable of having access through the internet;
(g)
providing the content on or by any service that —(i)
is a social media service, a relevant electronic service or a telecommunication service (such as but not limited to SMS and MMS); and
(ii)
is —(A)
between a point in Singapore and one or more other points in Singapore; or
(B)
between a point and one or more other points, where the firstmentioned point is outside Singapore and at least one of the other points is inside Singapore,
so that the content is accessible to or delivered to, one or more users of the service who are physically present in Singapore;
(h)
direct marketing of the content to any individuals physically present in Singapore; or
(i)
publishing the content on an app to which any person physically present in Singapore is capable of having access through the internet.
(2) In this Act, “advertise” or “advertising” as a verb, means to publish, or to cause or authorise to be published, any advertisement in Singapore.
(3) For the purposes of this Act and without limiting the generality of the definition of “advertise” or “advertising” in subsection (2), a person is to be treated as causing or authorising to be published, content in Singapore if the person —(a)
pays for, commissions, or authorises the content, or something that contains the content, to be published in Singapore; or
(b)
receives consideration for the display, placement or location of the content, or something that contains the content, in a manner described in subsection (1), where the display, placement or location of the advertisement is determined by systems or processes that are agreed between the parties entering into the contract relating to the advertisement.
(4) However, none of the following, of itself, amounts to advertising by an individual or a person concerned:(a)
an individual communicating —(i)
to the general public his or her personal opinion in relation to any goods or services or any person who provides goods or services; and
(ii)
without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication;
(b)
an individual communicating any content, or something that contains content, that is online material produced entirely by another person in either of the following ways, without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication:(i)
by using —(A)
a social media service;
(B)
a relevant electronic service; or
(C)
a telecommunication service (such as but not limited to SMS and MMS);
(ii)
by —(A)
forwarding the content, or the something that contains the content, to; or
(B)
sharing the content or the something that contains the content with,
other users of the service without altering the content;
(c)
an individual expressing through a functionality of a social media service or a relevant electronic service, his or her view about any content, or something that contains any content, that is content produced entirely by another person, being a functionality which enables an end‑user of the service to do anything as follows:(i)
apply a “like” or “dislike” button or other similar button;
(ii)
apply an emoji or symbol of any kind;
(iii)
engage in yes/no voting;
(iv)
rate or score the content in any way;
(d)
a person providing a service (such as a search engine service) that enables end-users of a social media service, a relevant electronic service or a telecommunication service to search online locations or online material, index search results or otherwise retrieve information or material from the search results;
(e)
a proprietor of any food business displaying or exhibiting, or causing or allowing to be displayed or exhibited, any words or symbols that appear in or on any premises occupied by the proprietor and that relate to the food business, including a menu relating to that food business;
(f)
2 or more persons communicating content between themselves that is of a private or domestic nature, by using —(i)
a social media service;
(ii)
a relevant electronic service; or
(iii)
a telecommunication service (such as but not limited to SMS and MMS);
(g)
engaging in any other conduct specified or described by the Minister, by order in the Gazette.
(5) In this section —“a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else;
“access”, in relation to any content that is online material or an online location, means to read, view, hear or otherwise experience the content, and includes —(a)
access that is subject to a precondition, such as the use of a password;
(b)
access by way of push technology;
(c)
access by way of a standing request; and
(d)
access for a limited period of time only;
“advertisement” means any content that can reasonably be regarded as intended to promote, directly or indirectly —(a)
the sale of any goods or services; or
(b)
the sale of any brand of goods or services,
but excludes a label unless included as an “advertisement” by regulations made under this Act;
“app” means an application software package that includes content accessible by end‑users, or allows end‑users to access content on the internet through the installed application software;
“direct marketing” means the sending of direct marketing material directly to an individual by direct means (such as an email, SMS or MMS) other than by an excluded electronic service;
“direct marketing material” means any content where, having regard to the nature of the content, the way in which the content is presented, and the content that can be located using the URLs, telephone numbers or contact information (if any) set out in the content, it would be concluded that the purpose, or one of the purposes, of the content is to advertise or promote —(a)
the sale of any goods or services; or
(b)
the sale of any brand of goods or services;
“excluded electronic service” means —(a)
an electronic service where the only user‑generated content enabled by that service is one‑to‑one live aural communications;
(b)
an electronic service where the only user‑generated content enabled by that service is communication between 2 or more persons that is of a private or domestic nature; or
(c)
an electronic service where the user‑generated content enabled by that service is accessible substantially or only to a closed group of persons employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business;
“MMS” means a service that enables the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile phone to another mobile phone through a telecommunication service;
“point‑to‑multipoint service” means an electronic service which allows a person to transmit material to more than one end‑user simultaneously;
“posting”, by a person of any content as online material, means the person causing the content to be accessible to, or delivered to, one or more other persons who can access the content through the internet;
“publicly display”, for any content, means to display, exhibit, screen or project the content —(a)
in a public place in order that another person may see the content;
(b)
in or on a conveyance (whether mobile or stationary) which is used to provide a public passenger transport service and is in a public place, in order that another person may see the content; or
(c)
in any place in a way so that anyone in a public place can see the content from inside or outside the firstmentioned place;
“public passenger transport service” means a service involving the transport of passengers within, or partly within, Singapore for hire or reward, by —(a)
a motor vehicle;
(b)
a train (including rolling stock); or
(c)
a vessel,
but does not include a service that provides transport by a motor vehicle that is generally conducted on land that is not a road;
“relevant electronic service” means any of the following electronic services that is supplied to the general public, and is not an excluded electronic service:(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 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;
(d)
a point‑to‑multipoint service;
“SMS” means a service that enables the transmission of short text messages from an end‑user on a mobile phone to another mobile phone through a telecommunication service;
“social media service” has the meaning given by section 45T(1) of the Broadcasting Act 1994;
“telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999.
(6) For the purposes of this section, whether any communication of content on or by a service is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors:(a)
the number of individuals in Singapore who are able to access the content by means of the service;
(b)
any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service);
(c)
the relationship between the persons that the content is being or has been communicated;
(d)
any other relevant factor.
本頁資料來源：Singapore Statutes Online (AGC)·整理提供：法律人 LawPlayer· lawplayer.com