Clause 41

by inserting, immediately after the words “electronic mail address” in the definition of “electronic address” in section 2, the words “, an instant messaging account”;

by inserting, immediately after the definition of “electronic address” in section 2, the following definitions:“ “instant messaging account” means an account of a user of an instant messaging service;“instant messaging service” means a messaging service that allows a user to exchange messages with other users who are using the service concurrently;”;

by inserting, immediately after section 4, the following section:“Electronic messages sent to instant messaging accounts4A. For the purposes of this Act —

where an electronic message is sent to an instant messaging account; and

the name used to identify, or which is associated with, that instant messaging account is an electronic mail address or a mobile telephone number,the electronic message is not a message sent to the electronic mail address or mobile telephone number (as the case may be) mentioned in paragraph (b).”;

by deleting sub‑paragraph (ii) of section 7(2)(b) and substituting the following sub‑paragraph:“(ii)an entity —

which is formed or recognised under the law of Singapore; or

which has an office or a place of business in Singapore;”;

by repealing section 8 and substituting the following section:“Application of this Part8.—

Subject to subsection (2), this Part applies to all electronic messages, whether or not they are unsolicited commercial electronic messages.(2) This Part does not apply to any electronic message sent to a mobile telephone number.”;

by deleting the word “Every” in paragraph 3(1) of the Second Schedule and substituting the words “Subject to sub‑paragraph (3), every”; and

by inserting, immediately after sub‑paragraph (2) of paragraph 3 of the Second Schedule, the following sub‑paragraph:“(3) Sub‑paragraph (1) does not apply to any unsolicited commercial electronic message that is sent to an instant messaging account.”.