Singapore legislation
Section 77
Section 77
Directions by Minister
(1)
The Minister may, after consultation with the Authority or any telecommunication licensee, give to the Authority or licensee (as the case may be) such directions as the Minister thinks fit as to the exercise by the Authority or that licensee of its functions under this Act.
(2)
Without affecting subsection (1), if it appears to the Minister to be requisite or expedient to do so —
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
in order —
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;
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 an international organisation or a party to an international agreement; or
to enable the Government to become a member of an international organisation or a party to an international agreement,the Minister may, after consultation with the Authority or any telecommunication licensee, give such directions to the Authority or that licensee as are necessary in the circumstances of the case.
(3)
Any direction given under subsection (1) or (2) may include —
provisions for the prohibition or regulation of such use of telecommunications in all cases or of such cases as may be considered necessary;
provisions for the taking of, the control of or the usage for official purposes of, all or any such telecommunication system and equipment; and
provisions for the stopping, delaying and censoring of messages and the carrying out of any other purposes which the Minister thinks necessary.
(4)
Any direction given under subsection (3) does not apply to the use of any telecommunications for the purpose of making or answering signals of distress.
(5)
The Authority and any telecommunication licensee (as the case may be) must give effect to any direction given to it under subsection (1) or (2) despite any other duty imposed on the Authority or the licensee by or under this Act.
(6)
Any telecommunication licensee who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding the higher of the following amounts:
10% of the annual turnover of that part of its business in respect of which it is granted the licence, as ascertained from its latest audited accounts; or
$1 million; and
in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.
(7)
The Authority and any telecommunication licensee must not disclose any direction given to it under subsection (1) or (2) if the Minister notifies the Authority or telecommunication licensee (as the case may be) that the Minister is of the opinion that the disclosure of the directions is against the public interest.
(8)
The Minister may —
pay compensation for any damage caused to a telecommunication licensee by reason of its compliance with the directions of the Minister under subsection (3)(b); or
make grants to telecommunication 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 provision of this section.
(9)
Any sums required by the Minister for paying compensation or making grants under subsection (8) must be paid out of the Consolidated Fund.
(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 is conclusive evidence of the matters stated in the certificate.
(11)
This section does not authorise the Minister to give any directions when an activation order (within the meaning of the Public Order and Safety (Special Powers) Act 2018) is in force, and for any of the purposes for which a direction under section 32 of that Act is or may be given.[58