9/18/2019 Singapore | Global Network Initiative content. The Internet Service Provider will then be required to take all reasonable steps prevent such end-users from accessing that content. SEDITION ACT Under Sections 3 and 4 of the Sedition Act, any person who in respect of any act, speech, word, publication or thing which is seditious, that being a tendency to bring hatred or contempt feelings against the government; excite Singaporean citizens/ residents against any law; bring any hatred or contempt against the administration of justice in Singapore; raise discontent or disaffection against citizens or residents of Singapore or promote feelings of illwill or hostility to different races or classes of Singapore will be guilty to a fine of SG$5,000 on a first offence or imprisonment of 3 years though this can increase to five years if a subsequent offence. This too will likely not apply to personal, non-inciteful telephone calls, but the section 4 (1)(b) includes the act to “utter any seditious words” and given the broad investigatory powers of the Singapore state this is worth noting. FILMS ACT Under the Films Act, content that is currently banned includes film content which is against national interests or corrosive to society. ELECTRONIC TRANSACTIONS ACT The Electronic Transactions Act (“ETA“) implements the United Nations Convention on the Use of Electronic Communications in International Contracts in Singapore. Section 26(1) of the ETA specifically provides that network service providers (“NSPs“) will not attract criminal or civil liability for third party materials for the mere reason that they are the host, subject to the NSP‘s obligations under other regulatory regimes. NSP is not defined under the ETA. However, since the ETA makes reference to a NSP’s liability under the Copyright Act, the definition of NSP under the Copyright (Network Service Provider) Regulations is likely to apply, i.e. a NSP means “a person who (a) provides services, relating to, or provides connections for, the transmission or routing of data; or (b) provides, or operates facilities for, online services or network access.” Publication of Laws and Aggregate Data https://clfr.globalnetworkinitiative.org/country/singapore/ 12/13

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