Broadcasting Act 1994 · 2020 Revised Edition · Part 1 · Preliminary
2A. Meanings of “online communication service” and associated terms
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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.
online communication service
“online communication service” has the meaning given by section 2A(1);
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.
For the purposes of subsection (2)(c), an excluded electronic service means —
excluded electronic service
“excluded electronic service” has the meaning given by section 2A(3);
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.
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.
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;
content
“content” means information or material capable of communication by means of a broadcasting service or an electronic service —(a)whether in the form of text;(b)whether in the form of speech, music or other sounds;(c)whether in the form of visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction);(d)whether in any other form; or(e)whether in any combination of forms;
“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;
end-user
“end-user”, in relation to an electronic service, means an individual who, or an entity that, and whether or not in the course of business —(a)has access to content or something which contains content; or(b)communicates content, or something which contains content,on or by means of the electronic service, but excludes a person who is prescribed by the Minister by order in the Gazette;
“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;
communicate
“communicate”, in relation to any content, means —(a)to make available (by posting or otherwise); or(b)to distribute (by sharing or forwarding or otherwise),the content, regardless if the communication is between persons and persons, things and things or persons and things;
“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.