PART 9
DO NOT CALL REGISTRY
Division 1 — Preliminary
Interpretation of this Part
36.—(1)  In this Part, unless the context otherwise requires —
“calling line identity” means the telephone number or information identifying the sender;
“checker” means a person mentioned in section 43A(1);
“financial services” has the meaning given by section 2 of the Consumer Protection (Fair Trading) Act 2003;
“goods” means any personal property, whether tangible or intangible, and is deemed to include —
(a)chattels that are attached or intended to be attached to real property on or after delivery;
(b)financial products and credit, including credit extended solely on the security of land;
(c)any residential property; and
(d)a voucher;
“message” means any message, whether in sound, text, visual or other form;
“register” means any Do Not Call Register kept and maintained under section 39;
“send”, in relation to a message, means —
(a)to send the message, cause the message to be sent, or authorise the sending of the message; or
(b)to make a voice call containing the message, cause a voice call containing the message to be made, or authorise the making of a voice call containing the message;
“sender”, in relation to a message, means a person —
(a)who sends the message, causes the message to be sent, or authorises the sending of the message; or
(b)who makes a voice call containing the message, causes a voice call containing the message to be made, or authorises the making of a voice call containing the message;
“services” includes —
(a)a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property;
(b)a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners;
(c)the right to use time share accommodation under a time share contract; and
(d)financial services;
“Singapore telephone number” means —
(a)a telephone number, with 8 digits beginning with the digit “3”, “6”, “8” or “9”, that is in accordance with the National Numbering Plan mentioned in regulation 12A of the Telecommunications (Class Licences) Regulations; or
(b)any other telephone numbers as may be prescribed;
“subscriber”, in relation to a Singapore telephone number, means the subscriber of the telecommunications service to which the Singapore telephone number is allocated;
“time share accommodation” means any living accommodation, in Singapore or elsewhere, used or intended to be used (wholly or partly) for leisure purposes by a class of persons all of whom have rights to use, or participate in arrangements under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs;
“time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years;
“voice call” includes —
(a)a call that involves a recorded or synthetic voice; or
(b)in the case of a recipient with a disability (for example, a hearing impairment), a call that is equivalent to a voice call.
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(2)  For the purposes of this Part, a telecommunications service provider who merely provides a service that enables a specified message to be sent is, unless the contrary is proved, presumed not to have sent the message and not to have authorised the message to be sent.
(3)  For the purposes of this Part, if a specified message is sent and at the relevant time the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owners or authorised users of the telecommunications device, service or network, the owners or authorised users are, unless the contrary is proved, presumed not to have sent the message and not to have authorised the sending of the message.
(4)  In subsection (3), “control” means either physical control or control through the use of software or other means.
Meaning of “specified message”
37.—(1)  Subject to subsection (5), for the purposes of this Part, a specified message is a message where, having regard to the following, it would be concluded that the purpose, or one of the purposes, of the message is an applicable purpose:
(a)the content of the message;
(b)the presentational aspects of the message;
(c)the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message;
(d)if the telephone number from which the message is made is disclosed to the recipient (whether by calling line identity or otherwise), the content (if any) that can be obtained by calling that number.
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(2)  For the purposes of subsection (1), where the applicable purpose relates to offering, supplying, advertising or promoting any goods, service, land, interest in land, business opportunity or investment opportunity, it does not matter whether or not —
(a)the goods, service, land, interest or opportunity exists; or
(b)it is lawful to acquire the goods, service, land or interest or take up the opportunity.
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(3)  Subject to subsection (4), a person (A) who authorises another person (B) to offer, advertise or promote A’s goods, services, land, interest or opportunity is deemed to have authorised the sending of any message sent by B that offers, advertises or promotes A’s goods, services, land, interest or opportunity.
(4)  For the purposes of subsection (3), a person who takes reasonable steps to stop the sending of a message mentioned in that subsection is deemed not to have authorised the sending of the message.
(5)  For the purposes of this Part, a specified message does not include any message mentioned in the Eighth Schedule.
(6)  In this section, “applicable purpose” means a purpose specified in the Tenth Schedule.
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Application of this Part
38.  This Part applies to a specified message addressed to a Singapore telephone number where —
(a)the sender of the specified message is present in Singapore when the specified message is sent; or
(b)the recipient of the specified message is present in Singapore when the specified message is accessed.
Division 2 — Administration
Register
39.—(1)  The Commission must cause to be kept and maintained one or more registers of Singapore telephone numbers, each known as a Do Not Call Register, for the purposes of this Part.
(2)  Each register must be kept in such form and must contain such particulars as the Commission thinks fit.
(3)  The Commission may authorise another person to maintain any register, on its behalf, subject to such conditions or restrictions as the Commission may think fit.
Applications
40.—(1)  A subscriber may apply to the Commission, in the form and manner prescribed —
(a)to add his or her Singapore telephone number to a register; or
(b)to remove his or her Singapore telephone number from a register.
(2)  Any person may apply to the Commission, in the form and manner required by the Commission, to confirm whether any Singapore telephone number is listed in a register.
Evidence
41.  A certificate purporting to be signed by the Chief Executive of the Authority or an authorised officer and stating that a Singapore telephone number was or was not listed in a register at a date specified in the certificate is admissible as evidence of its contents in any proceedings.
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Information on terminated Singapore telephone number
42.—(1)  Every telecommunications service provider must report to the Commission, in the form and manner prescribed, all terminated Singapore telephone numbers.
(2)  A telecommunications service provider which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(3)  In this section, “terminated Singapore telephone number” means —
(a)a Singapore telephone number to which the following apply:
(i)the Singapore telephone number has been allocated to a subscriber;
(ii)the telecommunications service associated with the Singapore telephone number has been terminated by the subscriber or telecommunications service provider; and
(iii)the Singapore telephone number has not been allocated to a different subscriber; or
(b)any other telephone numbers and circumstances as may be prescribed.
(4)  For the purpose of subsection (1), where —
(a)a Singapore telephone number has been allocated to a subscriber by a telecommunications service provider (called in this subsection the first provider);
(b)the telecommunications service associated with the Singapore telephone number has been terminated by the subscriber;
(c)the subscriber contracts for a telecommunications service associated with the Singapore telephone number with another telecommunications service provider (called in this subsection the subsequent provider);
(d)the telecommunications service mentioned in paragraph (c) has been terminated by the subscriber or the subsequent provider; and
(e)the Singapore telephone number has not subsequently been allocated to any subscriber,
it is the responsibility of the first provider to satisfy subsection (1).
(5)  Without affecting the obligations of the telecommunications service provider under subsections (1) to (4), the Commission must pay the prescribed fees to the telecommunications service provider for each terminated Singapore telephone number reported to the Commission in accordance with this section.
Division 3 — Specified message to Singapore
telephone number
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.
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(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.
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(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.
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(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.
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(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.
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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.
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(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.
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(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).
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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.
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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.
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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.
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.
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.
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(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.
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(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.
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(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).
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