Clause 4

In this Act, an online communication service means an electronic service that is, or a part of an electronic service having the characteristics that are, specified in the Fourth Schedule.(2) For the purposes of subsection (1), an electronic service means a service —

that —

enables end‑users to access or communicate content on the Internet using that service, including a point‑to‑multipoint service; or

delivers content on the Internet to persons having equipment appropriate for receiving that content, where the delivery of the service is by a service described in sub‑paragraph (i);

that is a service —

between a point in Singapore and one or more other points in Singapore; or

between a point and one or more other points, where the firstmentioned point is outside Singapore and at least one of the other points is inside Singapore; and

that is not an excluded electronic service.(3) For the purposes of subsection (2)(c), an excluded electronic service means —

an SMS service;

an MMS service;

an internet access service;

an electronic service where the only user‑generated content enabled by that service is one‑to‑one live aural communications;

an electronic service where the only user‑generated content enabled by that service is communication between 2 or more end‑users that is of a private or domestic nature;

an electronic service where the user‑generated content enabled by that service is accessible substantially or only to a closed group of end‑users employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business; or

an electronic service that is prescribed by the Minister, by order in the Gazette, to be an excluded electronic service, after taking into account the functionalities of the service or the user‑generated content enabled by that service or both.(4) References in this Act to an online communication service include such a service provided from outside Singapore as well as such a service provided in or from Singapore.(5) In this section —“functionality”, in relation to an electronic service, includes —

any feature that enables interactions of any description between end‑users of the service; and

any feature that enables end‑users to search online locations or databases, index search results or otherwise retrieve content from the search results; “MMS” means an electronic service that enables only the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile telephone to another mobile telephone through a telecommunication service;“MMS message” means a message (whether or not accompanied by any sound or images) sent using an MMS;“one‑to‑one live aural communications”, in relation to an electronic service, means content —

consisting of speech or other sounds conveyed in real time between 2 end‑users of the service by means of the service;

that is not a recording; and

that is not accompanied by user‑generated content of any other description, except identifying content;“point‑to‑multipoint service” means an electronic service which allows an end‑user to communicate content to more than one end‑user simultaneously;“SMS” means an electronic service that only enables the transmission of short text messages from an end‑user on a mobile telephone to another mobile telephone through a telecommunication service;“SMS message” means a text message sent using an SMS;“user‑generated content”, in relation to an electronic service, means content —

that is —

generated directly on the service by an end‑user of the service; or

communicated by posting or sharing on the service by an end‑user of the service; and

that may be accessed by another end‑user of that service, or other users, of the service by means of that service.Amendment of Fourth Schedule2B.—

The Minister may, by order in the Gazette, revoke or replace, or add to, the Fourth Schedule.(2) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.Transitional arrangements for former licensable broadcasting service2C.—

With effect from the date that a licensable broadcasting service is specified in the Fourth Schedule as an online communication service (called the conversion date) —

this Act ceases to apply to —

that service as a licensable broadcasting service; and

the provider of that service as a broadcasting licensee; and

this Act then continues to apply to that service as an online communication service, and the former broadcasting licensee as a provider of an online communication service,but without affecting the following:

the enforcement by any person of any right or claim against the former broadcasting licensee;

the enforcement by the former broadcasting licensee of any right or claim against any person;

any proceeding under section 12(1) with respect to the former licensable broadcasting service that is pending immediately before the conversion date;

any appeal under section 12(2) or 59(1) with respect to the former licensable broadcasting service that is pending immediately before the conversion date.(2) Any proceeding and appeal mentioned in subsection (1)(e) and (f) may be continued under sections 12 and 59, respectively, as if the Fourth Schedule had not been enacted.Meaning of “provider” of online communication service2D.—

Subject to this section, in this Act, the provider of an online communication service is the entity that has control over —

who can use the online communication service that is specified in the Fourth Schedule;

the operations of the characteristics of the electronic service that are specified in the Fourth Schedule in respect of the online communication service; or

which content is communicated or provided on the online communication service.(2) Where an online communication service is generated by a machine, the entity that controls the machine (and that entity alone) is to be treated as being the provider of the online communication service.(3) However, if no entity controls the machine mentioned in subsection (2), but an individual controls or individuals control the machine, the provider of the online communication service is to be treated as being that individual or those individuals.(4) If no entity has control over —

who can use the online communication service that is specified in the Fourth Schedule;

the operations of the characteristics of the electronic service that are specified in the Fourth Schedule in respect of the online communication service; or

which content is communicated or provided on the online communication service,but an individual has or individuals have control over who can do so, then that individual or those individuals is or are to be treated as being the provider of the online communication service.(5) Despite subsection (1), a person that provides an internet access service through which content on an online communication service may be accessed by end‑users of the online communication service, is not to be treated as a person who has control over who can use the online communication service for the purposes of this Act.(6) Part 10A regulations may be made to specify who is to be treated as a provider of an online communication service where more than one entity is treated as the provider thereof under subsection (1).”.