Broadcasting Act 1994 · 2020 Revised Edition · Part 1 · Preliminary
2D. Meaning of “provider” of online communication service
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Subject to this section, in this Act, the provider of an online communication service is the entity that has control over —
provider
“provider”, for an online communication service, has the meaning given by section 2D;
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.
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.
online communication service
“online communication service” has the meaning given by section 2A(1);
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.
entity
“entity” means —(a)a body corporate (including a limited liability partnership);(b)an unincorporated association;(c)a partnership;(d)a body politic;(e)a body of individuals who together form a body; or(f)a person other than an individual;
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.
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.
internet access service
“internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore —(a)that —(i)enables end-users to access content on the Internet using that service; or(ii)delivers content to persons having equipment appropriate for receiving that content on the Internet, where the delivery of the service is by a telecommunication service described in sub-paragraph (i); and(b)that is covered by a licence under the Telecommunications Act 1999,but excludes a social media service and any telecommunication service prescribed by the Minister by order in the Gazette as excluded from this definition;
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).
Part 10A regulations
“Part 10A regulations” means regulations made under section 45P;