Singapore legislation
Schedule 2
Schedule 2
Requirements for Unsolicited Commercial Electronic Messages
SECOND SCHEDULESection 11Requirements for Unsolicited Commercial Electronic MessagesInterpretation
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 electronic mail 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 facility2.—
Subject to sub-paragraphs (2) and (3), every unsolicited commercial electronic message shall contain —
an electronic mail address, an Internet location address, a telephone number, a facsimile number or a postal address that the recipient may use to submit an unsubscribe request; and
a statement to the effect that the recipient may use the electronic mail address, Internet location address, telephone number, facsimile 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 electronic mail, the unsolicited commercial electronic message shall include an electronic mail 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 multi-media messaging sent to a mobile telephone number, the unsolicited commercial electronic message shall include —
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
a mobile telephone number to which the recipient may submit an unsubscribe request by text or multi-media messaging at the recipient’s option if the unsolicited commercial electronic message is received by multi-media messaging.(4) The statement referred to in sub-paragraph (1)(b) shall be presented —
in a clear and conspicuous manner; and
in the English language and where the statement is presented in two or more languages, the English language shall be one of the languages.(5) The electronic mail address, Internet location address, telephone number, facsimile number or postal address referred to in sub-paragraphs (1), (2) and (3) shall be —
valid and capable of receiving —
the recipient’s unsubscribe request (if any); and
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
legitimately obtained.(6) The use of the electronic mail address, Internet location address, telephone number, facsimile number or postal address referred to in sub-paragraphs (1), (2) and (3) to submit an unsubscribe request shall not cost more than the usual cost of using that kind or a similar kind of electronic mail address, Internet location address, telephone number, facsimile 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 pursuant to this paragraph, no further unsolicited commercial electronic messages shall be sent after the expiration 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 shall 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) shall not apply if the unsolicited commercial electronic message is sent, caused to be sent or authorised to be sent by mistake.Labelling and other requirements3.—
Every unsolicited commercial electronic message shall contain —
where there is a subject field, a title in the subject field and that title is not false or misleading as to the content of the message;
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;
header information that is not false or misleading; and
an accurate and functional electronic mail address or telephone number by which the sender can be readily contacted.(2) Sub-paragraph (1) shall not apply if the unsolicited commercial electronic message is sent, caused to be sent or authorised to be sent by mistake.