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]
Duty of checkers
43A.—(1) This section applies to a person (called the checker) that, for reward, provides to another person (P) information on whether a Singapore telephone number is listed in the relevant register (called in this section the applicable information) for the purpose of P’s compliance with section 43(1), other than —(a)
the Commission;
(b)
an individual who is an employee of P; and
(c)
an individual who is an employee or agent of a checker.[40/2020]
(2) A checker must —(a)
ensure that the applicable information provided to P is accurate; and
(b)
provide the applicable information to P in accordance with any prescribed requirements.[40/2020]
(3) A checker is deemed to have complied with subsection (2)(a) if —(a)
the applicable information that the checker provides to P is in accordance with a reply from the Commission in response to the checker’s application under section 40(2); and
(b)
the checker provides the applicable information to P before the expiry of the prescribed period mentioned in section 43(2)(b)(i).[40/2020]
—(1) This section applies to a person (called the checker) that, for reward, provides to another person (P) information on whether a Singapore telephone number is listed in the relevant register (called in this section the applicable information) for the purpose of P’s compliance with section 43(1), other than —(a)
the Commission;
(b)
an individual who is an employee of P; and
(c)
an individual who is an employee or agent of a checker.[40/2020]
(2) A checker must —(a)
ensure that the applicable information provided to P is accurate; and
(b)
provide the applicable information to P in accordance with any prescribed requirements.[40/2020]
(3) A checker is deemed to have complied with subsection (2)(a) if —(a)
the applicable information that the checker provides to P is in accordance with a reply from the Commission in response to the checker’s application under section 40(2); and
(b)
the checker provides the applicable information to P before the expiry of the prescribed period mentioned in section 43(2)(b)(i).[40/2020]
Contact information
44. Subject to section 48(2), a person must not send a specified message addressed to a Singapore telephone number unless —(a)
the specified message includes clear and accurate information identifying the individual or organisation that sent or authorised the sending of the specified message;
(b)
the specified message includes clear and accurate information about how the recipient can readily contact that individual or organisation;
(c)
the specified message includes the information, and complies with the conditions, specified in the regulations, if any; and
(d)
the information included in the specified message in compliance with this section is reasonably likely to be valid for at least 30 days after the message is sent.[40/2020]
Calling line identity not to be concealed
45. Subject to section 48(3), a person that makes a voice call containing a specified message or causes a voice call containing a specified message to be made or authorises the making of a voice call containing a specified message, addressed to a Singapore telephone number, from a telephone number or fax number, must not do any of the following:(a)
conceal or withhold from the recipient the calling line identity of the sender;
(b)
perform any operation or issue any instruction in connection with the sending of the specified message for the purpose of, or that has the effect of, concealing or withholding from the recipient the calling line identity of the sender.[40/2020]
Consent
46.—(1) A person must not, as a condition for supplying goods, services, land, interest or opportunity, require a subscriber or user of a Singapore telephone number to give consent for the sending of a specified message to that Singapore telephone number or any other Singapore telephone number beyond what is reasonable to provide the goods, services, land, interest or opportunity to that subscriber or user, and any consent given in such circumstance is not validly given.(2) If a person obtains or attempts to obtain consent for sending a specified message to a Singapore telephone number —(a)
by providing false or misleading information with respect to the sending of the specified message; or
(b)
by using deceptive or misleading practices,
any consent given in such circumstances is not validly given.
—(1) A person must not, as a condition for supplying goods, services, land, interest or opportunity, require a subscriber or user of a Singapore telephone number to give consent for the sending of a specified message to that Singapore telephone number or any other Singapore telephone number beyond what is reasonable to provide the goods, services, land, interest or opportunity to that subscriber or user, and any consent given in such circumstance is not validly given.
(2) If a person obtains or attempts to obtain consent for sending a specified message to a Singapore telephone number —(a)
by providing false or misleading information with respect to the sending of the specified message; or
(b)
by using deceptive or misleading practices,
any consent given in such circumstances is not validly given.
Withdrawal of consent
47.—(1) On giving notice, a subscriber or user of a Singapore telephone number may at any time withdraw any consent given to a person for the sending of any specified message to that Singapore telephone number.(2) A person must not prohibit a subscriber or user of a Singapore telephone number from withdrawing the subscriber’s or user’s consent to the sending of a specified message to that Singapore telephone number, but this section does not affect any legal consequences arising from such withdrawal.
(3) If a subscriber or user of a Singapore telephone number gives notice withdrawing consent given to a person for the sending of any specified message to that Singapore telephone number, the person must cease (and cause its agent to cease) sending any specified message to that Singapore telephone number after the expiry of the prescribed period.
(4) For the purposes of this Part, a subscriber or user of a Singapore telephone number is deemed to have given his or her consent to a person to send a specified message to that Singapore telephone number if the subscriber or user —(a)
consents to the sending of the specified message before 2 January 2014; and
(b)
that consent has not been withdrawn on or after 2 January 2014.
(5) For the purposes of this Part, where a subscriber or user of a Singapore telephone number —(a)
consents to a person sending a specified message to that Singapore telephone number before, on or after 2 January 2014; and
(b)
subsequently applies to add or adds that Singapore telephone number to the register on or after 2 January 2014,
the application to add or the addition of that Singapore telephone number is not to be regarded as a withdrawal of the consent.
(6) To avoid doubt, a subscriber of a Singapore telephone number may, at any time on or after 2 January 2014, withdraw any consent given for the sending of a specified message to that Singapore telephone number.
—(1) On giving notice, a subscriber or user of a Singapore telephone number may at any time withdraw any consent given to a person for the sending of any specified message to that Singapore telephone number.
(2) A person must not prohibit a subscriber or user of a Singapore telephone number from withdrawing the subscriber’s or user’s consent to the sending of a specified message to that Singapore telephone number, but this section does not affect any legal consequences arising from such withdrawal.
(3) If a subscriber or user of a Singapore telephone number gives notice withdrawing consent given to a person for the sending of any specified message to that Singapore telephone number, the person must cease (and cause its agent to cease) sending any specified message to that Singapore telephone number after the expiry of the prescribed period.
(4) For the purposes of this Part, a subscriber or user of a Singapore telephone number is deemed to have given his or her consent to a person to send a specified message to that Singapore telephone number if the subscriber or user —(a)
consents to the sending of the specified message before 2 January 2014; and
(b)
that consent has not been withdrawn on or after 2 January 2014.
(5) For the purposes of this Part, where a subscriber or user of a Singapore telephone number —(a)
consents to a person sending a specified message to that Singapore telephone number before, on or after 2 January 2014; and
(b)
subsequently applies to add or adds that Singapore telephone number to the register on or after 2 January 2014,
the application to add or the addition of that Singapore telephone number is not to be regarded as a withdrawal of the consent.
(6) To avoid doubt, a subscriber of a Singapore telephone number may, at any time on or after 2 January 2014, withdraw any consent given for the sending of a specified message to that Singapore telephone number.
Defence for employee
48.—(1) In any proceedings for an offence under this Part brought against any employee in respect of an act or conduct alleged to have been done or engaged in (as the case may be) by the employee, it is a defence for the employee to prove that he or she did the act or engaged in the conduct in good faith —(a)
in the course of his or her employment; or
(b)
in accordance with instructions given to him or her by or on behalf of his or her employer in the course of his or her employment.
(2) Section 43(1) or 44 does not apply to an employee (X) who sends a specified message addressed to a Singapore telephone number in good faith —(a)
in the course of X’s employment; or
(b)
in accordance with instructions given to X by or on behalf of X’s employer in the course of X’s employment.[40/2020]
(3) Section 45 does not apply to an employee (Y) who makes, causes to be made or authorises the making of a voice call containing a specified message, addressed to a Singapore telephone number, from a telephone number or fax number, in good faith —(a)
in the course of Y’s employment; or
(b)
in accordance with instructions given to Y by or on behalf of Y’s employer in the course of Y’s employment.[40/2020]
(4) Subsection (1), (2) or (3) does not apply to an employee (Z) who, at the time the act was done or the conduct was engaged in, was an officer or a partner of Z’s employer and it is proved that —(a)
Z knew or ought reasonably to have known that the telephone number is a Singapore telephone number listed in the relevant register; and
(b)
the specified message was sent with Z’s consent or connivance, or the sending of the specified message was attributable to any neglect on Z’s part.[40/2020]
(5) In this section —“corporation” has the meaning given by section 52(7);
“officer” —(a)
in relation to a corporation, has the meaning given by section 52(7); or
(b)
in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7);
“partner”, in relation to a partnership, has the meaning given by section 52A(7).[40/2020]
—(1) In any proceedings for an offence under this Part brought against any employee in respect of an act or conduct alleged to have been done or engaged in (as the case may be) by the employee, it is a defence for the employee to prove that he or she did the act or engaged in the conduct in good faith —(a)
in the course of his or her employment; or
(b)
in accordance with instructions given to him or her by or on behalf of his or her employer in the course of his or her employment.
(2) Section 43(1) or 44 does not apply to an employee (X) who sends a specified message addressed to a Singapore telephone number in good faith —(a)
in the course of X’s employment; or
(b)
in accordance with instructions given to X by or on behalf of X’s employer in the course of X’s employment.[40/2020]
(3) Section 45 does not apply to an employee (Y) who makes, causes to be made or authorises the making of a voice call containing a specified message, addressed to a Singapore telephone number, from a telephone number or fax number, in good faith —(a)
in the course of Y’s employment; or
(b)
in accordance with instructions given to Y by or on behalf of Y’s employer in the course of Y’s employment.[40/2020]
(4) Subsection (1), (2) or (3) does not apply to an employee (Z) who, at the time the act was done or the conduct was engaged in, was an officer or a partner of Z’s employer and it is proved that —(a)
Z knew or ought reasonably to have known that the telephone number is a Singapore telephone number listed in the relevant register; and
(b)
the specified message was sent with Z’s consent or connivance, or the sending of the specified message was attributable to any neglect on Z’s part.[40/2020]
(5) In this section —“corporation” has the meaning given by section 52(7);
“officer” —(a)
in relation to a corporation, has the meaning given by section 52(7); or
(b)
in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7);
“partner”, in relation to a partnership, has the meaning given by section 52A(7).[40/2020]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
