9/18/2019
Singapore | Global Network Initiative
10, police officers of the rank of sergeant or higher or certain members of the
armed forces may require any person to provide any information in their
possession relating to a potential offence under this act. This could include the
content/metadata of customers’ communications in the possession of Telco
Operators.
Where a Justice of the Peace in Singapore considers that an offence under the
OSA may have occurred, they may issue a search warrant under Section 15 of
the OSA allowing a police officer to search any premises covered by the
warrant. However, Section 15(5) incorporates a wide carve-out which allows
police officers of the rank of sergeant or above to execute search orders
without judicial approval in cases of emergency.
Oversight of the Use of Powers
Other than as discussed in the relevant sections above and below, there is
generally little independent oversight of the broad powers granted to
government agencies in Singapore. Singapore administrative law does
however provide for a judicial review mechanism which allows for the review
by the courts of executive actions that are alleged to be ultra vires (outside the
scope of the powers of the relevant executive body).
Censorship-related Powers
The Singapore government takes the view that censorship of political, racial,
religious issues is necessary to avoid upsetting Singapore’s society. Censorship
occurs on television, in films, in print media, music, video games and the arts.
A government agency can control customer communications under the TA and
the IMDA is the main government body tasked with regulating these entities
(together with other regulatory agencies).
There is no specific content censorship for telecommunications over phone
calls or texts (which are not published) but the Minister of Communications
and Information can give the IMDA directions to censor messages on the
network under section 58(3) of TA.
INTERNET CODE OF PRACTICE, IMDA AND BROADCASTING (CLASS
LICENCE) NOTIFICATION
https://clfr.globalnetworkinitiative.org/country/singapore/
10/13
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