9/18/2019
Singapore | Global Network Initiative
(d) to enable the Government to become a member of an international
organisation or a party to an international agreement,
the Minister may, after consultation with the IMDA or any telecommunication
licensee, give such directions to the IMDA or that licensee as are necessary in
the circumstances of the case. This may include:
(a) provisions for the prohibition or regulation of such use of
telecommunications in all cases or of such cases as may be considered
necessary;
(b) provisions for the taking of, the control of or the usage for official purposes
of, all or any such telecommunication system and equipment; and
(c) provisions for the stopping, delaying and censoring of messages and the
carrying out of any other purposes which the Minister thinks necessary.
The IMDA and any telecommunication licensee must give effect to any such
direction given to them or they will commit an offence as set out above.
If the Minister notifies the subject of such a direction that the disclosure of the
direction is against the public interest then it must be kept confidential.
The Minister may pay compensation for any damage caused to a
telecommunication licensee by reason of its compliance with such directions.
If any doubt arises as to the existence of a public emergency or as to whether
any act done under this section was in the public interest or in the interests of
public security, national defence or relations with the government of another
country, a certificate signed by the Minister is considered conclusive evidence
of the matters stated therein.
OFFICIAL SECRETS ACT
The OSA is Singapore’s primary legislation protecting state secrets and official
government information mainly related to national security. Amongst other
things, it prohibits, under section 5 the disclosure of such information by those
holding it whether in their official capacity or otherwise.
Section 9 of the OSA allows the Minister of Home Affairs, if it considers it
expedient in the public interest, to order any person who owns or controls any
telecommunication system in Singapore (including private networks), to
produce the originals / transcripts of any messages sent from/to any place in
Singapore, by any telecommunication system means. Moreover, under Section
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