Singapore legislation

Clause 3

of Spam Control Bill

Clause 3

Meaning of “commercial electronic message”

(1)

In this Act, a commercial electronic message is an electronic message, where, having regard to —

(a)

the content of the message;

(b)

the way in which the message is presented; and

(c)

the content that can be located using the links, telephone numbers or contact information (if any) set out in the message,it is concluded that the primary purpose of the message is —

(i)

to offer to supply goods or services;

(ii)

to advertise or promote goods or services;

(iii)

to advertise or promote a supplier, or a prospective supplier, of goods or services;

(iv)

to offer to supply land or an interest in land;

(v)

to advertise or promote land or an interest in land;

(vi)

to advertise or promote a supplier, or a prospective supplier, of land or an interest in land;

(vii)

to offer to provide a business opportunity or an investment opportunity;

(viii)

to advertise or promote a business opportunity or an investment opportunity;

(ix)

to advertise or promote a provider, or a prospective provider, of a business opportunity or an investment opportunity;

(x)

to assist or enable a person, by deception, to dishonestly obtain property belonging to another person;

(xi)

to assist or enable a person, by deception, to dishonestly obtain a financial advantage from another person; or

(xii)

to assist or enable a person to dishonestly obtain a gain from another person.

(2)

For the purposes of paragraphs (i) to (ix) of subsection (1), it is immaterial —

(a)

whether the goods, services, land, interest or opportunity exists; or

(b)

whether it is lawful to acquire the goods, services, land or interest, or take up the opportunity.

(3)

Any of the following persons may be the individual who, or entity which, is the sender of the message:

(a)

the supplier or prospective supplier referred to in paragraph (iii) or (vi) of subsection (1);

(b)

the provider or prospective provider referred to in paragraph (ix) of subsection (1);

(c)

the first-mentioned person referred to in paragraph (x), (xi) or (xii) of subsection (1).

(4)

Subject to subsection (5), a person who knowingly allows his product or service to be advertised or promoted by a sender shall be deemed to have authorised the sending by the sender of any electronic message that advertises or promotes that person’s product or service.

(5)

For the purposes of subsection (4), a person who takes reasonable steps to stop the sending of any electronic message that advertises or promotes that person’s product or service shall be deemed not to have authorised the sending of the message.

Read in full context — Spam Control Bill →