Clause 3

by inserting, immediately before the definition of “Authority” in subsection (1), the following definitions:“ “a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else;“access”, in relation to any content, means to read, view, hear or otherwise experience content, by means of a broadcasting service or an electronic service, and includes —

access that is subject to a precondition, such as the use of a password;

access by way of push technology; (c)access by way of a standing request; and

access for a limited period of time only;”;

by inserting, immediately after the definition of “Code of Practice” in subsection (1), the following definitions:“ “communicate”, in relation to any content, means —

to make available (by posting or otherwise); or

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;“content” means information or material capable of communication by means of a broadcasting service or an electronic service —

whether in the form of text;

whether in the form of speech, music or other sounds;

whether in the form of visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction);

whether in any other form; or

whether in any combination of forms;”;

by inserting, immediately after the definition of “dwelling house” in subsection (1), the following definition:“ “electronic service” has the meaning given by section 2A(2);”;

by inserting, immediately after the definition of “encrypted” in subsection (1), the following definitions:“ “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 —

has access to content or something which contains content; or

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;“engage in conduct” means —

to do an act or omit to do an act —

on a single occasion; or

on a number of occasions over a period of time; or

to both do an act and omit to do an act —

on a single occasion; or

on a number of occasions over a period of time;“entity” means —

a body corporate (including a limited liability partnership);

an unincorporated association;

a partnership;

a body politic;

a body of individuals who together form a body; or

a person other than an individual;“excluded electronic service” has the meaning given by section 2A(3);”;

by inserting, immediately after the definition of “free‑to‑air licence” in subsection (1), the following definition:“ “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 —

that —

enables end‑users to access content on the Internet using that service; or

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

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;”;

by inserting, immediately after the words “Second Schedule” in the definition of “licensable broadcasting service” in subsection (1), the words “and is not and has never been an online communication service”;

by inserting, immediately after the definition of “member” in subsection (1), the following definitions:“ “online Code of Practice” means a Code of Practice that is issued or amended under section 45L or amended under section 59(3) on appeal;“online communication service” has the meaning given by section 2A(1);“Part 10A regulations” means regulations made under section 45P;”;

by inserting, immediately after the definition of “programme” in subsection (1), the following definitions:“ “provider”, for an online communication service, has the meaning given by section 2D;“regulated online communication service” means an online communication service that is designated under section 45K(1) as a regulated online communication service;”;

by inserting, immediately after the definition of “shares” in subsection (1), the following definitions:“ “Singapore end‑user”, in relation to an online communication service, means any of the following end‑users of the service:

an individual physically present in Singapore;

an entity which —

is incorporated under any written law; or

is constituted or organised under a law of a foreign country or territory but registered under any written law;“social media service” has the meaning given by section 45T;”; and

by inserting, immediately after subsection (3), the following subsections:“(4) For the purposes of this Act, whether any communication of content by means of a broadcasting service or an online communication service is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors:

the number of individuals in Singapore who are able to access the content by means of the service;

any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service);

the relationship between the persons that the content is being or has been communicated;

any other relevant factor.(5) However, for the purposes of subsection (4), the following factors do not count as restrictions on access to content communicated by means of a broadcasting service or an online communication service:

a requirement to log in to or register with the broadcasting service or online communication service (or part of such a service);

a requirement to make a payment or take out a subscription in order to access the broadcasting service or online communication service (or part of such a service) or to access particular content communicated by means of that service;

inability to access a broadcasting service or an online communication service (or part of such a service) or to access particular content communicated by means of that service except by using particular technology or a particular kind of device (as long as that technology or device is generally available to the public).(6) In determining for the purposes of this Act whether an end‑user is physically present in Singapore, it is to be assumed that the end‑user will not falsify or conceal the end‑user’s identity or location.”.