Spam Control Act 2007 - Singapore Statutes Online

SECOND SCHEDULE

Sections 11 and 17

Requirements for unsolicited commercial
electronic messages

Interpretation

1. In this Schedule —

“header information” means the source, destination and routing information attached to an electronic message, including (where applicable) the originating domain name and originating email address, and any other information that appears in the line identifying, or purporting to identify, the sender of the message;

“mistake” means reasonable mistake of fact.

Unsubscribe facility

2.—(1) Subject to sub-paragraphs (2) and (3), every unsolicited commercial electronic message must contain —

(a)	an email address, an Internet location address, a telephone number, a fax number or a postal address that the recipient may use to submit an unsubscribe request; and
(b)	a statement to the effect that the recipient may use the email address, Internet location address, telephone number, fax number or postal address (as the case may be) provided in the unsolicited commercial electronic message to submit an unsubscribe request, or a statement to similar effect.

(2) Where the unsolicited commercial electronic message is received by the recipient by email, the unsolicited commercial electronic message must include an email address to which the recipient may submit an unsubscribe request.

(3) Where the unsolicited commercial electronic message is received by the recipient by text or multimedia messaging sent to a mobile telephone number, the unsolicited commercial electronic message must include —

(a)	a mobile telephone number to which the recipient may submit an unsubscribe request by text if the unsolicited commercial electronic message is received by text; or
(b)	a mobile telephone number to which the recipient may submit an unsubscribe request by text or multimedia messaging at the recipient’s option if the unsolicited commercial electronic message is received by multimedia messaging.

(4) The statement mentioned in sub‑paragraph (1)(b) must be presented —

(a)	in a clear and conspicuous manner; and
(b)	in the English language, and where the statement is presented in 2 or more languages, the English language must be one of the languages.

(5) The email address, Internet location address, telephone number, fax number or postal address mentioned in sub‑paragraphs (1), (2) and (3) must be —

(a)

valid and capable of receiving —

(i)	the recipient’s unsubscribe request (if any); and
(ii)	a reasonable number of similar unsubscribe requests sent by other recipients (if any),

at all times during a period of at least 30 days after the unsolicited commercial electronic message is sent; and

(b)

legitimately obtained.

(6) The use of the email address, Internet location address, telephone number, fax number or postal address mentioned in sub‑paragraphs (1), (2) and (3) to submit an unsubscribe request must not cost more than the usual cost of using that kind or a similar kind of email address, Internet location address, telephone number, fax number or postal address (as the case may be) using the same kind of technology as was used to receive the unsolicited commercial electronic message.

(7) Where a recipient submits an unsubscribe request using the facility provided in accordance with this paragraph, no further unsolicited commercial electronic messages may be sent after the expiry of 10 business days after the day on which the unsubscribe request is submitted.

(8) Any person who receives an unsubscribe request under this paragraph must not disclose any information contained in the unsubscribe request to any other person, except with the consent of the person whose particulars are contained in the unsubscribe request.

(9) Sub‑paragraphs (1) to (7) do not apply if the unsolicited commercial electronic message is sent, caused to be sent or authorised to be sent by mistake.

Labelling and other requirements

3.—(1) Subject to sub‑paragraph (3), every unsolicited commercial electronic message must contain —

(a)	where there is a subject field — a title in the subject field that is not false or misleading as to the content of the message;
(b)	the letters “<ADV>” with a space before the title in the subject field, or if there is no subject field, in the words first appearing in the message, to clearly identify that the message is an advertisement;
(c)	header information that is not false or misleading; and
(d)	an accurate and functional email address or telephone number by which the sender can be readily contacted.

(2) Sub‑paragraph (1) does not apply if the unsolicited commercial electronic message is sent, caused to be sent or authorised to be sent by mistake.

(3) Sub‑paragraph (1) does not apply to any unsolicited commercial electronic message that is sent to an instant messaging account.

[40/2020]

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