PART 1 | Short title and commencement |
| 1. This Act is the Foreign Interference (Countermeasures) Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette. |
2. The purposes of this Act are to protect the public interest by counteracting acts of foreign interference through —| (a) | countermeasures aimed at such acts by electronic communications activity; and | | (b) | countermeasures aimed at pre‑empting or preventing the occurrence of such acts involving persons identified as at‑risk because they are politically significant. |
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3.—(1) In this Act, unless the context otherwise requires —| “a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else; |
“access”, in relation to communications activity, 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; |
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| “access blocking direction” means a direction described in section 33; |
“account” includes —| (a) | a free account; | | (b) | a prepaid account; and | | (c) | anything that may reasonably be regarded as the equivalent of an account; |
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| “account restriction direction” means a direction described in section 34; |
| “anonymous donation” means a donation which the recipient is (whether because the donation is offered anonymously or by reason of deception or concealment) unable to ascertain the identity of the person giving the donation; |
| “anonymous donations directive” means a directive given under section 68; |
| “app” includes a computer program; |
| “app removal direction” means a direction given under section 37; |
| “applicable cap on anonymous political donations” has the meaning given by section 58(2); |
| “arrangement” includes a contract, an agreement, understanding or other arrangement of any kind, whether written or unwritten; |
| “authorised officer” means an individual who is appointed under section 107 as an authorised officer; |
| “benefit” includes any advantage and is not limited to property; |
| “bequest” includes any form of testamentary disposition; |
| “broadcasting service” has the meaning given by the Broadcasting Act 1994; |
“candidate”, for an election, means —| (a) | an individual who is nominated as a candidate at the election until the end of the 31st day after the results of the election are published; or | | (b) | an individual (whether or not a member of a political party) who, on or after the date of the issue of a writ for the election, is declared, by himself or herself or by others, as seeking nomination as a candidate at that election until the end of the 31st day after the results of the election are published; |
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| “competent authority”, in relation to any provision of this Act or the Regulations, means the competent authority appointed under section 105 to exercise powers under that provision; |
| “constituency” means an electoral division within the meaning given by the Parliamentary Elections Act 1954; |
“deception” means an intentional or a reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes —| (a) | a deception as to the present intentions of the person using the deception or any other person; and | | (b) | conduct with the intention of causing a computer or an electronic device to make a response that the person is not authorised to cause the computer or electronic device to make; |
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| “directed towards a political end in Singapore” has the meaning given by section 8; |
| “disabling direction” means a direction described in section 31; |
| “disgorgement direction” means a direction described in section 38; |
“disposal”, in relation to any property, means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes —| (a) | the allotment of shares in a company; | | (b) | the creation of a trust in property; | | (c) | the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property; | | (d) | the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property; | | (e) | the exercise by a person of a special or general power of appointment of property in favour of any other person (or a hybrid of both); or | | (f) | any transaction entered into by any person with intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of any other person; |
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| “donation report” means a report required to be prepared under section 62; |
| “donor” means a person who makes a donation; |
| “donor activity” means disbursing money or property or benefit; |
“election” means —| (a) | an election in a constituency under the Parliamentary Elections Act 1954 for the purpose of electing a Member of Parliament; or | | (b) | a presidential election; |
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| “election agent”, in relation to a candidate at an election, means the individual appointed or treated as appointed as his or her election agent under section 62(1) of the Parliamentary Elections Act 1954 or section 43(1) of the Presidential Elections Act 1991, as the case may be; [Act 8 of 2023 wef 29/12/2023] |
| “elector”, for an election, means an individual who is entitled to vote at that election; |
| “electronic communications activity” and “online communications activity” have the respective meanings given by section 10; |
“engage in conduct” means —| (a) | do an act or omit to do an act —| (i) | on a single occasion; or | | (ii) | on a number of occasions over a period of time; or |
| | (b) | both do an act and omit to do an act —| (i) | on a single occasion; or | | (ii) | on a number of occasions over a period of time; |
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“entity” means —| (a) | a body corporate (including a limited liability partnership); | | (b) | an unincorporated association; | | (c) | a partnership; | | (d) | a body politic; | | (e) | a body of individuals who together form a body; or | | (f) | a person other than an individual; |
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| “executive committee”, for an unincorporated association or a group of individuals that is not a body corporate or a partnership, means a body of individuals (however described) that governs, manages or conducts the affairs of the unincorporated association or group; |
| “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at a parliamentary election or presidential election (as the case may be) and includes prejudicing the electoral prospects of another candidate at that parliamentary election or presidential election; |
| “foreign affiliations report” has the meaning given by section 76; |
| “foreign business” has the meaning given by section 4; |
| “foreign country” means a country or territory other than Singapore, and includes part of such a country or territory; |
| “foreign government” has the meaning given by section 4; |
| “foreign government‑related individual” has the meaning given by section 4; |
| “foreign interference” has the meaning given by section 6; |
| “foreign legislature” has the meaning given by section 4; |
| “foreign political organisation” has the meaning given by section 4; |
| “foreign principal” has the meaning given by section 4; |
| “foreign public enterprise” has the meaning given by section 4; |
| “foreign volunteers report” has the meaning given by section 85(3); |
| “foreigner” has the meaning given by section 4; |
| “general election” means a general election of Members of Parliament after a dissolution of Parliament; |
“gift” means any of the following:| (a) | any disposal of property made by a person to another person (including by will), being a disposal made without consideration in money or money’s worth or with inadequate consideration; | | (b) | the provision of a service for no consideration or for inadequate consideration, other than the provision of voluntary labour or voluntary professional services to a political party by an officer or a member of the party; |
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| “Government” includes any part of the Government and an Organ of State (such as the Cabinet); |
| “in the public interest” has the meaning given by section 7; |
| “influence” includes affecting, directly or indirectly, in any way; |
“information or material” means information or material in any form, such as (but not limited to) —| (a) | oral, written, electronic or digital form; and | | (b) | visual, pictorial or graphic form (for example, an anthropomorphic or humanlike depiction), |
| and includes information or material in any combination of forms; |
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| “interest in property” means any estate, interest, right or power whatever, whether at law or in equity, in, under or over property; |
| “interference” includes influence; |
| “major political donor” means a person (not being a politically significant person) who is required by section 70 to make a donation report under that section; |
“Member of Parliament” means —| (a) | an individual who is declared under section 49(7)(a) or (7E)(a) or 49A(5) of the Parliamentary Elections Act 1954 elected as the Member of Parliament for an identified constituency, until he or she vacates his or her seat in Parliament under the provisions of the Constitution; | | (b) | an individual who —| (i) | is declared elected as a non‑constituency Member of Parliament under section 52 of the Parliamentary Elections Act 1954; or | | (ii) | is deemed under section 53 of that Act to be elected as a non‑constituency Member in place of the non‑constituency Member whose seat has been declared vacant, |
| and has subscribed before Parliament the Oath of Allegiance under Article 61 of the Constitution, until either he or she vacates his or her seat in Parliament under the provisions of the Constitution or the Parliament by resolution under section 53 of that Act declares that his or her seat has become vacant; or |
| | (c) | a nominated Member of Parliament who is appointed under the Fourth Schedule to the Constitution and has subscribed before Parliament the Oath of Allegiance under Article 61 of the Constitution, until he or she vacates his or her seat in Parliament under the provisions of the Constitution, |
| and includes a Member in the capacity of the Leader of the Opposition; |
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| “migration benefit” has the meaning given by section 78(4); |
| “must‑carry direction” means a direction described in section 32; |
| “nomination day” means the day of nomination at an election; |
| “online location” means any website, webpage, chatroom or forum, or any other thing that can be seen, heard or otherwise perceived by means of the Internet; |
| “Part 3 direction” means any direction mentioned in section 29, pursuant to an authorisation under section 20(1), 21(1) or 22(1)(b) or 23(3)(b) or (c); |
| “Part 4 politically significant entity” and “Part 4 politically significant person” have the respective meanings given by section 14; |
| “partnership” includes a limited partnership but not a limited liability partnership; |
| “permissible donor” has the meaning given by section 55; |
“police officer” includes —| (a) | a member of the Special Constabulary established under the Police Force Act 2004; and | | (b) | an auxiliary police officer appointed as such under Part IX of the Police Force Act 2004; |
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| “political donations fund directive” means a directive given under section 69; |
“political office holder” means the holder of the office of —| (a) | the Prime Minister; | | (b) | a Deputy Prime Minister; | | (c) | a Minister, Senior Minister or Co‑ordinating Minister; | | (d) | a Minister of State or Senior Minister of State; | | (e) | a Parliamentary Secretary or Senior Parliamentary Secretary; | | (f) | the Speaker of Parliament or a Deputy Speaker of Parliament; | | (g) | a Mayor; | | (h) | a Political Secretary; or | | (i) | the Leader of the House; |
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| “political party” means a body of persons, corporate or unincorporated, whose object, or one of whose objects, is the promotion of the election to Parliament of a candidate or candidates endorsed by it or an organisation of which it forms part; |
| “politically significant person” has the meaning given by section 14; |
“polling day”, for an election, means —| (a) | for a by‑election or general election, the day specified —| (i) | under section 34 or 34A of the Parliamentary Elections Act 1954 in a notice of contested election as the date on which the poll for that by‑election or general election (as the case may be) is to be taken in Singapore; or | | (ii) | under section 50C(3)(b)(ii) of the Parliamentary Elections Act 1954 or under regulations made under section 102A of that Act as the other day that the polling day for an election is postponed to, if that section or those regulations apply; or [Act 8 of 2023 wef 14/06/2024] |
| | (b) | for a presidential election, the day specified —| (i) | under section 16 of the Presidential Elections Act 1991 in a notice of contested election as the date on which the poll for that election is to be taken in Singapore; or | | (ii) | under section 33C(3)(b)(ii) of the Presidential Elections Act 1991 or under regulations made under section 81A of that Act as the other day that the polling day for an election is postponed to, if that section or those regulations apply; [Act 8 of 2023 wef 01/06/2023] |
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| “presidential election” means an election under the Presidential Elections Act 1991 for the purpose of electing the President; |
“principal election agent” means —| (a) | an election agent of a candidate in a group who has been appointed or is treated as appointed under section 62(5) of the Parliamentary Elections Act 1954 as the principal election agent for that group; or [Act 8 of 2023 wef 29/12/2023] | | (b) | an election agent of a candidate at a presidential election who has been appointed or is treated as appointed under section 43(2A) of the Presidential Elections Act 1991 as the principal election agent; [Act 8 of 2023 wef 29/12/2023] |
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| “prohibited donor”, in relation to a politically significant person, has the meaning given by section 67; |
| “prohibited donor directive” means a directive given under section 67; |
| “property” includes money, and a reference to the provision of property accordingly includes the supply of goods; |
“proprietor”, for an online location, means a person who —| (a) | develops and maintains the online location; | | (b) | organises, manages or supervises the use of the online location; | | (c) | manages or regulates membership of, or access to, the online location; or | | (d) | has the authority to decide whether any information or material may be included or excluded on the online location, or where to place the information or material on the online location or otherwise exercise editorial control over the online location; |
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| “proscribed online location” means an online location declared under section 24 or 25 to be a proscribed online location; |
| “public” means the general public in Singapore and includes a section of the general public in Singapore; |
| “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function, but excludes a Town Council constituted under the Town Councils Act 1988; |
| “Regulations” means regulations made under section 122; |
“relevant entity” means any of the following persons: | (a) | a partnership carrying on a business in Singapore and registered under the Business Names Registration Act 2014; | | (b) | a body corporate that is registered under —| (i) | the Companies Act 1967; or | | (ii) | the Limited Liability Partnerships Act 2005; |
| | (c) | an association (whether incorporate or not) that is registered under —| (i) | the Co‑operative Societies Act 1979; | | (ii) | the Societies Act 1966; or | | (iii) | the Trade Unions Act 1940; |
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“relevant individual” means —| (a) | a citizen of Singapore whether or not resident in Singapore; or | | (b) | an individual who is not a citizen of Singapore but is resident in Singapore; |
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| “repealed Act” means the Political Donations Act 2000 repealed by this Act; |
| “reportable arrangement to which a politically significant person is party” has the meaning given by section 78; |
| “reportable political donation” has the meaning given by section 53; |
“reporting period” —| (a) | for reportable political donations, has the meaning given by section 62; | | (b) | for reportable arrangements to which a politically significant person is party, has the meaning given by section 76; or | | (c) | for a Part 4 politically significant person given a directive under section 85(2)(b), has the meaning given by that section; |
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“responsible officer”, for a politically significant person who is not an individual, means —| (a) | if a partnership — a partner of the partnership; | | (b) | if a body corporate — the individual for the time being holding the office of chairperson, managing director or company secretary of the body corporate, or any position analogous to any of those offices in that body corporate; or | | (c) | if an unincorporated body of persons other than a partnership —| (i) | the individual for the time being holding the office of president, secretary or treasurer of the executive committee of the unincorporated body of persons, or any position analogous to any of those offices in that body; or | | (ii) | where there is no such executive committee, the individual for the time being notified by the unincorporated body of persons to a competent authority as a responsible officer of that body of persons, |
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| and includes any person carrying out the duties of any such office mentioned in paragraph (a), (b) or (c)(i) if that office is vacant; |
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| “Reviewing Tribunal” means a Reviewing Tribunal constituted by section 94; |
| “service restriction direction” means a direction described in section 35; |
| “Singapore aircraft” means an aircraft that is registered in Singapore under the Air Navigation Act 1966; |
| “Singapore vessel” means a vessel used in navigation by water (including an air‑cushioned vehicle such as a hovercraft or a submersible craft) that is registered (provisionally or otherwise) under the Merchant Shipping Act 1995 and its registry is not closed or deemed to be closed or suspended under that Act; |
| “stop communication (end‑user) direction” means a direction described in section 30; |
| “technical assistance direction” means a direction described in section 36; |
| “telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999; |
| “value”, in relation to any donation or benefit, has the meaning given by section 15; |
| “vehicle” means any means of transport, whether self‑propelled or not, used on land such as a train, bicycle, motor car or personal mobility device; |
| “writ” means a writ of election issued under section 24 of the Parliamentary Elections Act 1954 or, in the case of a presidential election, under section 6 of the Presidential Elections Act 1991. |
(2) A reference in this Act to the results of an election being published is a reference to —| (a) | for a parliamentary election, the date that either of the following is published in the Gazette, whichever being applicable to that election:| (i) | the notice required by section 33(1)(b) of the Parliamentary Elections Act 1954, containing the name or names of the nominated candidate or the group of candidates declared elected; | | (ii) | the statement of the poll and the name or names of the person or persons elected as Member or Members of Parliament at that election required by section 51 of the Parliamentary Elections Act 1954 to be published; and |
| | (b) | for a presidential election, the date that either of the following is published in the Gazette, whichever being applicable to that election:| (i) | the notice required by section 15(1)(b) of the Presidential Elections Act 1991, containing the name of the nominated candidate declared elected as President; | | (ii) | the statement of the poll and the name of the person elected to the office of President required by section 34 of the Presidential Elections Act 1991 to be published. |
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| (3) [Deleted by Act 8 of 2023 wef 01/06/2023] |
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| Meaning of “foreign principal” and associated terms |
4. In this Act, unless the context otherwise requires —“foreign business” means an entity —| (a) | that —| (i) | is constituted or organised under a law of a foreign country, even if registered under any written law; or | | (ii) | has its principal place of business in a foreign country, even if incorporated under any written law; and |
| | (b) | that is not a foreign government, a foreign public enterprise or a foreign political organisation; |
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“foreign government” means —| (a) | the government of a foreign country; | | (b) | an authority of the government of a foreign country; or | | (c) | a foreign local government body or a foreign regional government body; |
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“foreign government‑related individual” means an individual who is related to a foreign principal that is a foreign government, foreign political organisation or foreign public enterprise in either or both of the following ways:| (a) | the individual is accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign government, foreign political organisation or foreign public enterprise; | | (b) | the foreign government, foreign political organisation or foreign public enterprise (as the case may be) is in a position to exercise, in any other way, total or substantial control over the individual; |
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| “foreign legislature” means a legislature of a foreign country; |
“foreign political organisation” means —| (a) | a foreign political party; or | | (b) | an entity that —| (i) | is constituted or organised under a law of a foreign country; and | | (ii) | exists primarily to pursue political objectives; |
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“foreign principal” means —| (a) | a foreigner; | | (b) | a foreign government; | | (c) | a foreign government‑related individual; | | (d) | a foreign legislature; | | (e) | a foreign political organisation; | | (f) | a foreign public enterprise; or | | (g) | a foreign business; |
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“foreign public enterprise” means an entity that is related in one or more of the following ways, to a foreign principal which is a foreign government or a foreign political organisation:| (a) | if the entity is a body corporate — one or both of the following apply:| (i) | the directors (however described) of the body corporate are accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign principal; | | (ii) | the foreign principal is in a position to exercise, in any other way, total or substantial control over the body corporate; |
| | (b) | if the entity is an unincorporated association, a partnership or body politic — either of the following applies:| (i) | the members of the executive committee or governing board of the entity are accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign principal; | | (ii) | the foreign principal is in a position to exercise, in any other way, total or substantial control over the entity; |
| | (c) | if the entity is a person other than a body politic and the foreign principal is a foreign political organisation —| (i) | a director, an officer or an employee of the entity, or any part of the entity, who is required to be a member or part (however described) of that foreign political organisation; and | | (ii) | that requirement is contained in a law, or in the constitution, rules or other governing documents by which the entity is constituted or according to which the entity operates; |
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| “foreigner” means an individual who is not a citizen of Singapore. |
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| Engaging in conduct, etc., on behalf of foreign principal |
5.—(1) In this Act, unless the context otherwise requires, a person undertakes an activity or engages in conduct on behalf of a foreign principal if —| (a) | the person undertakes the activity or engages in that conduct —| (i) | under an arrangement with the foreign principal; | | (ii) | in the service of the foreign principal; | | (iii) | on the order or at the request of the foreign principal; | | (iv) | under the control, direction or supervision of the foreign principal; | | (v) | with funding from the foreign principal; or | | (vi) | in collaboration with the foreign principal; and |
| | (b) | at the time the arrangement or service is entered into, or the order, request or direction is made, or the funding, supervision or collaboration is carried out, both the person and the foreign principal knew or expected that the person would or might undertake the activity or engage in that conduct. |
| (2) For the purposes of subsection (1), it does not matter whether consideration is payable. |
| (3) Without limiting subsection (1), a person undertakes an activity or engages in conduct on behalf of a foreign principal if both the person and the foreign principal knew or expected that the person would or might undertake that activity or engage in that conduct. |
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| Meaning of “foreign interference” |
6. In this Act, “foreign interference” —| (a) | means interference that is undertaken by or on behalf of —| (i) | a foreign principal; or | | (ii) | another person acting on behalf of a foreign principal; and |
| | (b) | includes any activity undertaken or conduct engaged in as part of preparing for, or planning, interference mentioned in paragraph (a). |
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| Meaning of “in the public interest” |
7. For the purposes of this Act and without limiting the generality of the expression, it is in the public interest to do anything if the doing of that thing is necessary or expedient —| (a) | in the interest of the security of Singapore or any part of Singapore; | | (b) | to protect public health or public finances, or to secure public safety or public tranquillity; | | (c) | in the interest of friendly relations of Singapore with other countries; | | (d) | to prevent incitement of feelings of enmity, hatred or ill‑will between different groups of people in Singapore which may endanger the public peace and public order of Singapore; | | (e) | to prevent a diminution of public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government or a public authority, or a part of the Government or a public authority; or | | (f) | to prevent any foreign interference directed towards a political end in Singapore. |
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| Meaning of “directed towards a political end in Singapore” |
8. For the purposes of this Act, an activity or a conduct is directed towards a political end in Singapore if a purpose of the activity or conduct (whether or not there are other purposes) is any of the following purposes or a combination of these purposes:| (a) | to promote the interests of a political party, or a Part 4 politically significant entity, in Singapore; | | (b) | to influence, or seek to influence, the outcome of any election or national referendum under any written law; | | (c) | to influence, or seek to influence, Singapore governmental decisions; | | (d) | to influence, or seek to influence, any aspect (including the outcome) of any one or more of the following:| (i) | proceedings in Parliament; | | (ii) | proceedings of the Presidential Council for Minority Rights; | | (iii) | proceedings of the Council of Presidential Advisers; | | (iv) | proceedings of the Malay Community Committee or Indian and Other Minority Communities Committee established under section 27C of the Parliamentary Elections Act 1954; | | (v) | proceedings of the Community Committee established under section 8E of the Presidential Elections Act 1991 or any Sub‑Committee mentioned in that section; | | (vi) | proceedings of the Presidential Elections Committee established under Article 18 of the Constitution; |
| | (e) | to bring about, or seek to bring about, changes of the law in the whole or a part of Singapore, or to otherwise influence, or seek to influence, the legislative process in Singapore; | | (f) | to influence, or seek to influence, public opinion on a matter which, in Singapore, is a matter of public controversy; | | (g) | to influence, or seek to influence, any aspect or to promote or oppose political views, or public conduct relating to activities that have become the subject of a political debate, in Singapore. |
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| Meaning of “influencing Singapore governmental decisions”, etc. |
9.—(1) For the purposes of this Act, a person undertakes an activity or engages in conduct for the purpose of influencing or seeking to influence a Singapore governmental decision if any purpose of the activity or conduct is to influence one or more of the following:| (a) | a process in respect of a Singapore governmental decision; | | (b) | the public in relation to any aspect of a process mentioned in paragraph (a). |
(2) For the purposes of this Act, a Singapore governmental decision means an act or a policy of the Government or a public authority, such as a decision made by any of the following in the discharge of their respective functions:| (a) | the President; | | (b) | the Cabinet or a committee of the Cabinet; | | (c) | a Minister or Ministers; | | (d) | any Ministry, department or Organ of State, but not the following: | (i) | the Supreme Court or any subordinate courts in the exercise of the judicial power of Singapore vested in them by the Constitution; | | (ii) | a quasi‑judicial body constituted by or under any public Act in the discharge of its function of hearing and resolving disputes or conducting mediation or conciliation under that written law; |
| | (e) | any public authority; | | (f) | an individual in the course of performing his or her functions in relation to a person or an agency mentioned in paragraph (a), (b), (c), (d) or (e). |
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| (3) A reference to a Singapore governmental decision in subsection (1) or (2) includes a decision of any kind in relation to any matter (including administrative and policy matters) whether or not the decision is formal, and whether or not the decision is final. |
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| Undertaking “electronic communications activity” or “online communications activity” |
10.—(1) In this Act, a person undertakes electronic communications activity in relation to any information or material if the person communicates or distributes the information or material, or something that contains the information or material, whether or not in the course of business, on or by —| (a) | an SMS service; | | (b) | an MMS service; | | (c) | a social media service; | | (d) | a relevant electronic service; or | | (e) | an internet access service. |
(2) Without limiting subsection (1), a person is also to be treated, for the purposes of this Act, as undertaking electronic communications activity in relation to any information or material (whether or not also produced by the person) if the person does any of the following, in the course of business or otherwise:| (a) | describe to the general public in Singapore how to obtain access to the information or material, or something that contains the information or material, that is provided or posted in a manner described in subsection (1); | | | | Setting out the name of a website, an IP address, a URL, a password or the name of a newsgroup. |
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| | (b) | give the information or material, or something that contains the information or material, to an intermediary to communicate or distribute to the public; | | (c) | initiate or instigate the sending of information or material to end‑users of a social media service, a relevant electronic service or an internet access service who do not voluntarily access the information or material, by means which do not need any individual to operate the systems that cause information or material to be provided on or sent using that service; | | (d) | make known the information or material, or something containing the information or material, to the public by any other means online. |
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(3) In this Act, a person undertakes online communications activity in relation to any information or material if the person communicates or distributes the information or material, or something that contains the information or material, whether or not in the course of business, on or by —| (a) | a social media service; | | (b) | a relevant electronic service; or | | (c) | an internet access service. |
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(4) However, a person does not undertake an electronic communications activity or online communications activity in relation to any information or material by reason only that —| (a) | the person is a provider of —| (i) | a social media service; | | (ii) | an internet access service; | | (iii) | a telecommunication service; | | (iv) | a relevant electronic service; or | | (v) | a hosting service; and |
| | (b) | the person makes available, in the course of business of providing a service mentioned in paragraph (a), information or material produced entirely by another person —| (i) | without altering the information or material; or | | (ii) | only altering the information or material to the extent to fit time, space or format constraints. |
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| When is information provided, posted or removed from social media service, etc. |
11.—(1) For the purposes of this Act, information or material is provided on a social media service or relevant electronic service, or provided using an internet access service, if the information or material is accessible to, or delivered to, one or more of the end‑users using the service.| (2) For the purposes of this Act, information or material is posted on a social media service or relevant electronic service, or posted using an internet access service, by an end‑user if the end‑user causes the information or material to be accessible to, or delivered to, one or more other end‑users using the service. |
| (3) For the purposes of this Part, information or material is removed from a social media service or relevant electronic service or an internet access service if the information or material is neither accessible to, nor delivered to, any of the end‑users using the service. |
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| Meaning of “publish in Singapore” and associated terms |
12.—(1) For the purposes of this Act, a person publishes in Singapore any information or material if the person —| (a) | includes the information or material in a newspaper, magazine, leaflet, ticket or other document that is available, or distributed, to the public; | | (b) | includes the information or material, or something that contains the information or material, on an online location or in any way that renders the information or material accessible from the Internet; | | (c) | includes the information or material in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the public; | | (d) | displays, screens or plays the information or material, or something that contains the information or material, so that it can be seen or heard in or from a public place in Singapore, or any vehicle, vessel, train or aircraft in Singapore, or any workplace in Singapore; | | (e) | sells, hires or supplies the information or material, or something containing the information or material, to the public, or offers the information or material, or something containing the information or material, for sale or supply to, or hire by, the public; or | | (f) | makes known the information or material to the public in any other manner or by any other means. |
(2) Without limiting subsection (1), where information or material is made available, distributed or communicated in electronic or digital form, the information or material is to be taken to be published in Singapore if —| (a) | any person physically present in Singapore accesses or is capable of having access to the information or material; | | (b) | the information or material originates in Singapore, even if none of the persons capable of having access to the information or material is physically present in Singapore; or | | (c) | for information or material which did not originate in Singapore, or the origin of which cannot be determined, all of the following apply: | (i) | the information or material 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 information or material to the public; | | (ii) | the information or material is accessible by persons physically present in Singapore. |
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(3) For the purposes of subsection (2), a “Singapore‑connected person” means —| (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; or | | (e) | a corporation sole or corporation aggregate established under a private Act. |
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| Supplementary interpretive provisions for communications activity |
13.—(1) In this Act, unless the context otherwise requires —“app distribution service” means a service that enables end‑users physically present in Singapore —| (a) | to download an app that facilitates the posting of information or material on a social media service or a relevant electronic service; and | | (b) | where the download of the app is by means of an internet access service; |
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“covered information or material”, in relation to a Part 3 direction, means any information or material that —| (a) | is or has been published in Singapore because of any online communications activity; and | | (b) | is —| (i) | in the case of a Class 4 must‑carry direction — about a proscribed online location covered by the Class 4 must‑carry direction; or | | (ii) | in the case of any other Part 3 direction —identified in the direction, in accordance with Division 2 of Part 3, as the information or material covered by the direction; |
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“electronic service” means —| (a) | a service that allows end‑users to access information or material using a broadcasting service or a telecommunication service for carrying messages or other information or material (whether between persons and persons, things and things or persons and things); or | | (b) | a service that delivers information or material to persons having equipment appropriate for receiving that information or material, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph (a); |
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“functionality”, in relation to a social media service or relevant electronic service or an internet access service, includes —| (a) | any feature that enables interactions of any description between end‑users of the service; | | (b) | any feature that enables end‑users to search online locations or databases, index search results or otherwise retrieve information or material from the search results; and | | (c) | any feature enabling an end‑user to do anything as follows:| (i) | creating a user profile, including an anonymous or pseudonymous profile; | | (ii) | searching within the service for user‑generated content or other users of the service; | | (iii) | forwarding content to, or sharing content with, other users of the service; | | (iv) | sharing content on any internet‑based services; | | (v) | sending direct messages to or speaking to other users of the service, or interacting with them in another way (such as by playing a game); | | (vi) | expressing a view on content; | | | | Applying a “like” or “dislike” button or other similar button. |
| | | Applying an emoji or symbol of any kind. |
| | | Engaging in yes/no voting. |
| | | Rating or scoring content in any way. |
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| | (vii) | sharing current or historic location information with other users of the service, recording a user’s movements, or identifying which other users of the service are nearby; | | (viii) | following or subscribing to particular kinds of content or particular users of the service; | | (ix) | creating lists, collections, archives or directories of content or users of the service; | | (x) | tagging or labelling content present on the service; | | (xi) | uploading content relating to goods or services; | | (xii) | applying or changing settings on the service which affect the presentation of user‑generated content on the service; | | (xiii) | accessing other internet services through content present on the service (such as through hyperlinks); |
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| “identified”, for any covered information or material under a Part 3 direction, means information or material that is identified specially, or described generally as to be identifiable, in the Part 3 direction as the covered information or material; |
“internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore, that — | | | enables end‑users to access information or material on the Internet using that service; or |
| | | | delivers information or material to persons having equipment appropriate for receiving that information or material on the Internet, where the delivery of the service is by a telecommunication service described in paragraph (a), |
| | | but excludes a relevant electronic service, a social media service and any other telecommunication service excluded by the Regulations; |
| | | | | Internet Access Service Provider licensed under the Telecommunications Act 1999. |
| | | Internet reseller service, localised or non‑localised. |
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| “MMS” means an electronic service that enables the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile telephone to another mobile telephone through a telecommunication service; |
| “MMS message” means a message (whether or not accompanied by any sound or images) sent using an MMS; |
| “point‑to‑multipoint service” means an electronic service which allows a person to transmit material to more than one end‑user simultaneously; |
“proprietor”, for an online location, means a person who —| (a) | develops and maintains the online location; | | (b) | organises, manages or supervises the use of the online location; | | (c) | manages or regulates membership of, or access to, the online location; or | | (d) | has the authority to decide whether any information or material may be included or excluded on the online location, or where to place the information or material on the online location or otherwise exercise editorial control over the online location; |
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| “relevant activities”, for a provider of a social media service, a relevant electronic service or an internet access service, has the meaning given by subsection (3); |
“relevant electronic service” means any of the following electronic services that is supplied to the public:| (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 enables end‑users to play online games with other end‑users; | | (d) | 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; | | (e) | a point‑to‑multipoint service; |
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| “SMS” means an electronic service that enables the transmission of short text messages from an end‑user on a mobile telephone to another mobile telephone through a telecommunication service; |
| “SMS message” means a text message sent using an SMS; |
“social media service” means —| (a) | an electronic service that satisfies all the following characteristics:| (i) | the sole or primary purpose of the service is to enable online interaction or linking between 2 or more end‑users (including enabling end‑users to share content for social purposes); | | (ii) | the service allows end‑users to post information or material on the service; | | (iii) | such other characteristics as are prescribed by Regulations; or |
| | (b) | an electronic service prescribed by Regulations as a social media service, |
| but does not include a service which would otherwise be a social media service if none of the information or material on the service is accessible by, or delivered to, one or more end‑users physically present in Singapore. |
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(2) For the purposes of this Act, if —| (a) | a person (H) hosts stored information or stored material that has been posted — | (i) | on a social media service; | | (ii) | on a relevant electronic service; or | | (iii) | using an internet access service; and |
| | (b) | H or another person provides —| (i) | a social media service; | | (ii) | a relevant electronic service; or | | (iii) | an internet access service, |
| by which the hosted information or material is provided, |
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| the hosting of the stored information or stored material by H must be treated as the provision by H of a hosting service in relation to the social media service, relevant electronic service or internet access service unless the hosting of stored information or stored material is integral to the provision of the social media service, relevant electronic service or internet access service. |
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(3) For the purposes of this Part, the relevant activities of a person who is the provider of a social media service, a relevant electronic service or an internet access service are —| (a) | for a provider of a social media service — the provision of the social media service to one or more end‑users who are physically present in Singapore if the service has accounts for end‑users; | | (b) | for the provider of a relevant electronic service — the provision of the relevant electronic service to one or more end‑users who are physically present in Singapore if the service has accounts for end‑users; or | | (c) | for the provider of an internet access service —| (i) | the operation by the person of any telecommunication network (including installation or plant) or facility in Singapore in connection with the provision of the internet access service; and | | (ii) | the provision of the internet access service with a Singapore link. |
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| (4) In determining whether an end‑user is physically present in Singapore, it is to be assumed that the end‑user will not falsify or conceal the end‑user’s identity or location. |
(5) For the purposes of this Act —| (a) | an online location has a Singapore link if any information or material included or otherwise on, or any service provided from the online location, is accessible by, or delivered to, one or more end‑users physically present in Singapore; and | | (b) | an internet access service has a Singapore link if any information or material included or otherwise provided using that service is accessible by, or delivered to, one or more end‑users of the service who are physically present in Singapore. |
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| Meaning of “politically significant person” |
14. In this Act, unless the context otherwise requires —| “Part 4 politically significant entity” means an entity who is designated under section 47(1) as a politically significant person; |
“Part 4 politically significant person” means any of the following:| (a) | a Part 4 politically significant entity; | | (b) | an individual who is designated under section 48(1) as a politically significant person; |
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“politically significant person” means any of the following:| (a) | a political party; | | (b) | a candidate; | | (c) | an election agent of a candidate; | | (d) | a political office holder; | | (e) | a Member of Parliament (whether or not a political office holder); | | (f) | a member of the executive committee or similar governing body of a political party, whether or not he or she is also a responsible officer of that political party (called in this Act a senior political party official); | | (g) | a Part 4 politically significant person. |
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| Meaning of “value” in relation to donations and benefits |
15.—(1) For the purposes of this Act, the value of any donation or benefit which is a gift to a person is the market value of the property in question.(2) For the purposes of this Act, where any donation or benefit, being money or property, is transferred to a person for a consideration which is less than the value of the money or market value of the property, the value of the donation or benefit is the difference between —| (a) | the value of the money, or the market value of the property, in question; and | | (b) | the consideration provided by or on behalf of the person. |
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(3) For the purposes of this Act, the value of any donation or benefit which is either —| (a) | any money lent to a person otherwise than on commercial terms; or | | (b) | the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person), |
| is the amount that is the difference between the actual cost (if any) to the person and the cost that would have been incurred by the person had the loan been made, or the property, services or facilities been provided, on commercial terms. |
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| (4) The value of any donation, being the provision of any sponsorship in relation to a person is the value in monetary terms of the benefit conferred by the sponsorship in question on the person, and any such value conferred on the sponsor must be disregarded. |
| (5) In this section, “market value”, in relation to any property, means the price which that property might reasonably be expected to fetch on a sale in the open market. |
| (6) A reference in this Act to the giving or transfer of any donation or other property to a person includes a reference to its being so given or transferred either directly or indirectly through any third person. |
| (7) Subject to the provisions of this Act, a donation or other property is accepted by a person if it is received and retained by the person for the person’s use or benefit. |
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| Determining purpose of an activity |
16. In this Act, the purpose of an activity or a conduct may be determined by having regard to any one or more of the following:| (a) | the intention of any person on whose behalf the activity is undertaken or the conduct is engaged in, as the case may be; | | (b) | the intention or belief of the person undertaking the activity or engaging in the conduct or that person’s belief (if any) about the intention of any person in paragraph (a) on whose behalf the activity is undertaken or the conduct is engaged in; | | (c) | all of the circumstances in which the activity is undertaken or the conduct is engaged in. |
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