§ 16 — Meanings of “gambling advertisement”, “inducement to gamble” and “publish in Singapore”

16.—(1) For the purpose of any provision of this Act —“gambling advertisement” means any information or material that gives publicity to, or otherwise promotes or is intended to promote —(a)

a particular gambling service;

(b)

gambling services in general;

(c)

the whole or part of a trade mark relating to a gambling service;

(d)

a domain name or URL of a particular gambling service, betting operation, game of chance or lottery; and

(e)

any words that are closely associated with a particular gambling service, betting operation, game of chance or lottery (whether also closely associated with other kinds of services or products);

“inducement to gamble” means any document or message containing information or material that —(a)

contains —(i)

any offer or giving of a credit, voucher, reward or other benefit to gamble;

(ii)

the making of any offer designed to induce persons to participate, or to increase their participation, in gambling; or

(iii)

any offer of an opportunity to gamble, or the offer of a condition or other aspect of any gambling, that includes additional benefits or enhancements connected with that gambling; or

(b)

invites, or may reasonably be implied to invite, the person receiving it —(i)

to engage in any form of gambling; or

(ii)

to apply to any person, or at any place, with a view to obtaining information or material or advice for the purpose of any gambling or for information or material as to any event in relation to which gambling is generally conducted.

(2) For the purposes of any provision of this Act, a gambling advertisement is published in Singapore if the gambling advertisement —(a)

is displayed in a newspaper, magazine, leaflet, ticket or other document that is available, or distributed, to the public;

(b)

is contained in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the public;

(c)

is displayed or exhibited, or is displayed or exhibited on something that contains the advertisement, in a manner so that it can be seen or heard in or from a public place in Singapore, or any conveyance in Singapore, or any workplace in Singapore; or

(d)

is made known to the public in any other manner or by any other means.

(3) Without limiting subsection (2), where a gambling advertisement is made available, distributed or communicated in electronic or digital form, the gambling advertisement is to be taken to be published in Singapore if —(a)

the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or

(b)

for an advertisement which did not originate in Singapore, or the origin of which cannot be determined, all of the following apply:(i)

the advertisement is made available, displayed, distributed or communicated or caused to be made available, displayed, distributed or communicated to the public by a Singapore‑connected person or the Singapore‑connected person takes part in that making available, display, distribution or communication of that advertisement to the public;

(ii)

the advertisement is accessible by persons physically present in Singapore.

(4) However, none of the following, of itself, amounts to publishing a gambling advertisement or sending an inducement to gamble:(a)

the sending of information or material that is or includes a gambling advertisement to a group of people all of whom are involved in the provision of gambling services;

(b)

the publication of the name of a person providing a gambling service in a telephone directory unless —(i)

the publication is on the Internet; and

(ii)

the entry for the person contains a link to an online location for the person to conduct a betting operation, game of chance or lottery using remote communication;

(c)

an index of online search results which links or refers an end‑user in Singapore to betting operations, games of chance, lotteries or gambling or facilities for the access or use of betting operations, games of chance or lotteries, which is made available to that person only because that person initiates a search through an online information location service such as a search engine service;

(d)

the display or exhibition of any words or symbols that appear in or on any approved gambling venue occupied by a licensee or an agent of a licensee;

(e)

the publishing of an advertisement relating to the internal management of the business of a licensee that does not promote a particular gambling service, such as an advertisement to recruit staff or calling for tenders for works;

(f)

the communication of any information or material that, if not for subsection (1), would be a gambling advertisement and it is apparent from the contents of the information and material that its sole or principal purpose is to discourage the use of gambling services or particular kinds of gambling services;

(g)

any other activity specified or described by the Minister in an order in the Gazette.

(5) In this section, “Singapore‑connected person” means any of the following:(a)

a citizen of Singapore;

(b)

a Singapore permanent resident;

(c)

a person physically present in Singapore;

(d)

an entity which is registered in Singapore (even if incorporated outside Singapore), or is incorporated, under any written law;

(e)

a corporation sole or corporation aggregate established under a private Act.

—(1) For the purpose of any provision of this Act —“gambling advertisement” means any information or material that gives publicity to, or otherwise promotes or is intended to promote —(a)

a particular gambling service;

(b)

gambling services in general;

(c)

the whole or part of a trade mark relating to a gambling service;

(d)

a domain name or URL of a particular gambling service, betting operation, game of chance or lottery; and

(e)

any words that are closely associated with a particular gambling service, betting operation, game of chance or lottery (whether also closely associated with other kinds of services or products);

“inducement to gamble” means any document or message containing information or material that —(a)

contains —(i)

any offer or giving of a credit, voucher, reward or other benefit to gamble;

(ii)

the making of any offer designed to induce persons to participate, or to increase their participation, in gambling; or

(iii)

any offer of an opportunity to gamble, or the offer of a condition or other aspect of any gambling, that includes additional benefits or enhancements connected with that gambling; or

(b)

invites, or may reasonably be implied to invite, the person receiving it —(i)

to engage in any form of gambling; or

(ii)

to apply to any person, or at any place, with a view to obtaining information or material or advice for the purpose of any gambling or for information or material as to any event in relation to which gambling is generally conducted.

(2) For the purposes of any provision of this Act, a gambling advertisement is published in Singapore if the gambling advertisement —(a)

is displayed in a newspaper, magazine, leaflet, ticket or other document that is available, or distributed, to the public;

(b)

is contained in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the public;

(c)

is displayed or exhibited, or is displayed or exhibited on something that contains the advertisement, in a manner so that it can be seen or heard in or from a public place in Singapore, or any conveyance in Singapore, or any workplace in Singapore; or

(d)

is made known to the public in any other manner or by any other means.

(3) Without limiting subsection (2), where a gambling advertisement is made available, distributed or communicated in electronic or digital form, the gambling advertisement is to be taken to be published in Singapore if —(a)

the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or

(b)

for an advertisement which did not originate in Singapore, or the origin of which cannot be determined, all of the following apply:(i)

the advertisement is made available, displayed, distributed or communicated or caused to be made available, displayed, distributed or communicated to the public by a Singapore‑connected person or the Singapore‑connected person takes part in that making available, display, distribution or communication of that advertisement to the public;

(ii)

the advertisement is accessible by persons physically present in Singapore.

(4) However, none of the following, of itself, amounts to publishing a gambling advertisement or sending an inducement to gamble:(a)

the sending of information or material that is or includes a gambling advertisement to a group of people all of whom are involved in the provision of gambling services;

(b)

the publication of the name of a person providing a gambling service in a telephone directory unless —(i)

the publication is on the Internet; and

(ii)

the entry for the person contains a link to an online location for the person to conduct a betting operation, game of chance or lottery using remote communication;

(c)

an index of online search results which links or refers an end‑user in Singapore to betting operations, games of chance, lotteries or gambling or facilities for the access or use of betting operations, games of chance or lotteries, which is made available to that person only because that person initiates a search through an online information location service such as a search engine service;

(d)

the display or exhibition of any words or symbols that appear in or on any approved gambling venue occupied by a licensee or an agent of a licensee;

(e)

the publishing of an advertisement relating to the internal management of the business of a licensee that does not promote a particular gambling service, such as an advertisement to recruit staff or calling for tenders for works;

(f)

the communication of any information or material that, if not for subsection (1), would be a gambling advertisement and it is apparent from the contents of the information and material that its sole or principal purpose is to discourage the use of gambling services or particular kinds of gambling services;

(g)

any other activity specified or described by the Minister in an order in the Gazette.

(5) In this section, “Singapore‑connected person” means any of the following:(a)

a citizen of Singapore;

(b)

a Singapore permanent resident;

(c)

a person physically present in Singapore;

(d)

an entity which is registered in Singapore (even if incorporated outside Singapore), or is incorporated, under any written law;

(e)

a corporation sole or corporation aggregate established under a private Act.