§ 43 — Duty to check register

43.—(1) Subject to section 48(2), a person must not send a specified message addressed to a Singapore telephone number unless the person has, at the time the person sends the specified message, valid confirmation that the Singapore telephone number is not listed in the relevant register.[40/2020]

(2) For the purposes of subsection (1), the person has valid confirmation that a Singapore telephone number is not listed in the relevant register in either of the following circumstances:(a)

the person has, within the prescribed duration before sending the specified message —(i)

made an application to the Commission under section 40(2) to confirm whether the Singapore telephone number is listed in the relevant register; and

(ii)

received confirmation from the Commission that the Singapore telephone number is not listed in the relevant register;

(b)

the person has obtained from a checker information that the Singapore telephone number is not listed in the relevant register (called in this section the relevant information) and has no reason to believe that, and is not reckless as to whether —(i)

the prescribed period in relation to the relevant information has expired; or

(ii)

the relevant information is false or inaccurate.[40/2020]

(3) In subsection (2)(b)(i), “prescribed period”, in relation to relevant information, means the prescribed period beginning after the date on which the checker received confirmation from the Commission, in response to the checker’s application to the Commission under section 40(2), that a Singapore telephone number is not listed in the relevant register.[40/2020]

(4) A person does not contravene subsection (1) if the subscriber or user of the Singapore telephone number to which a specified message is sent —(a)

gave clear and unambiguous consent to the sending of the specified message to that Singapore telephone number; and

(b)

the consent is evidenced in written or other form so as to be accessible for subsequent reference.[40/2020]

(5) For the purposes of this section and section 43A —(a)

where there is only one register kept or maintained under section 39, the relevant register refers to that register; and

(b)

where there are 2 or more registers kept or maintained under section 39 for different types of specified messages, the relevant register refers to the register relevant for the particular type of specified message.[40/2020]

—(1) Subject to section 48(2), a person must not send a specified message addressed to a Singapore telephone number unless the person has, at the time the person sends the specified message, valid confirmation that the Singapore telephone number is not listed in the relevant register.[40/2020]

(2) For the purposes of subsection (1), the person has valid confirmation that a Singapore telephone number is not listed in the relevant register in either of the following circumstances:(a)

the person has, within the prescribed duration before sending the specified message —(i)

made an application to the Commission under section 40(2) to confirm whether the Singapore telephone number is listed in the relevant register; and

(ii)

received confirmation from the Commission that the Singapore telephone number is not listed in the relevant register;

(b)

the person has obtained from a checker information that the Singapore telephone number is not listed in the relevant register (called in this section the relevant information) and has no reason to believe that, and is not reckless as to whether —(i)

the prescribed period in relation to the relevant information has expired; or

(ii)

the relevant information is false or inaccurate.[40/2020]

(3) In subsection (2)(b)(i), “prescribed period”, in relation to relevant information, means the prescribed period beginning after the date on which the checker received confirmation from the Commission, in response to the checker’s application to the Commission under section 40(2), that a Singapore telephone number is not listed in the relevant register.[40/2020]

(4) A person does not contravene subsection (1) if the subscriber or user of the Singapore telephone number to which a specified message is sent —(a)

gave clear and unambiguous consent to the sending of the specified message to that Singapore telephone number; and

(b)

the consent is evidenced in written or other form so as to be accessible for subsequent reference.[40/2020]

(5) For the purposes of this section and section 43A —(a)

where there is only one register kept or maintained under section 39, the relevant register refers to that register; and

(b)

where there are 2 or more registers kept or maintained under section 39 for different types of specified messages, the relevant register refers to the register relevant for the particular type of specified message.[40/2020]