Directions by Minister
116.—(1)  The Minister may, after consultation with a person to whom this section applies, give to that person such directions as he thinks fit as to the exercise by that person of its functions under this Act.
(2)  Without prejudice to subsection (1), if it appears to the Minister to be requisite or expedient to do so —
(a)on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or
(b)in order —
(i)to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement;
(ii)to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or
(iii)to enable the Government to become a member of such an organisation or a party to such an agreement,
he may, after consultation with a person to whom this section applies, give such directions to that person as are necessary in the circumstances of the case.
(3)  Any directions given under subsection (1) or (2) may include —
(a)in the case of telecommunications —
(i)provisions for the prohibition or regulation of such use in all cases or of such cases as may be considered necessary;
(ii)provisions for the taking of, the control of or the usage for official purposes of, all or any such telecommunication system and equipment;
(iii)provisions for the stopping, delaying and censoring of messages and the carrying out of any other purposes which the Minister thinks necessary; and
(b)in the case of post —
(i)provisions for the interception or detention of any postal article in the course of transmission by post;
(ii)provisions for the postal article to be delivered to any officer mentioned in the direction to be dealt with in such manner as the Minister may direct.
(4)  Nothing in any directions given under subsection (3)(a) shall apply to the use of any telecommunications for the purpose of making or answering signals of distress.
(5)  A person to whom this section applies shall give effect to any directions given to that person under subsection (1) or (2) notwithstanding any other duty imposed on that person by or under this Act.
(6)  A person to whom this section applies shall not disclose any directions given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the directions is against the public interest.
(7)  The Minister may —
(a)pay compensation for any damage caused to a public telecommunication licensee by reason of its compliance with the directions of the Minister under subsection (3)(a)(ii);
(b)make grants to public telecommunication licensees and public postal licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any other provisions of this section.
(8)  Any sums required by the Minister for paying compensation or making grants under subsection (7) shall be paid out of the Consolidated Fund.
(9)  This section shall apply to the Authority and to any person who is a public telecommunication licensee or a public postal licensee.
(10)  If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein.