Here’s a summary of the Singapore Spam Control Act 2007:
1. DEFINITION OF “UNSOLICITED”
An electronic message is unsolicited if the recipient did not request to receive the message or consent to the receipt of the message, or where the recipient has submitted an unsubscribe request 10 business days earlier. Note that a recipient shall not be treated as having requested to receive the message or consented to the receipt of the message merely because the electronic address of the recipient was given or published by or on behalf of the recipient.
2. DEFINITION OF “SENDING IN BULK”
Electronic messages shall be deemed to be sent in bulk if a person that sends, causes to be sent or authorizes the sending of electronic messages of similar subject matter of more than 100 messages during a 24-hour period; more than 1,000 messages during a 30-day period; or more than 10,000 messages during a one-year period.
- Message originates in Singapore
- Sender of the message is physically present, or central management and control is in Singapore when the message is sent
- The computer, mobile telephone, server, device that is used to access the message is in Singapore
- Recipient of the message is physically present, or entity that carries on business or activities is in Singapore when the message is accessed
- If the message cannot be delivered because the relevant electronic address has ceased to exist, and it is likely that the message would be accessed in Singapore.
Generally, the Bill applies to electronic messages with a Singapore link in the following circumstances:
4. Requirements for Transmission of Unsolicited Commercial Electronic Messages (Please refer Second Schedule of Bill for details)
- Unsubscribe Facility, every unsolicited commercial message shall contain:
- an electronic mail address, an Internet location address, a telephone number, a facsimile number or a postal address that the recipient may use to submit an unsubscribe request
- statement to the effect that the recipient may use the facilities as stated above to submit an unsubscribe request
- e.g. where the unsolicited commercial electronic message received by the recipient by text or multi-media messaging, the unsolicited commercial electronic message shall include a telephone number to which the recipient may submit an unsubscribe request by text or multi-media messaging at the recipient’s option
- the statement shall be presented in a clear and conspicuous manner, and in the English language, and where the statement is presented in 2 or more languages, the English language shall be one of the languages
- the facilities provided for the unsubscribe request shall be valid and capable of receiving a reasonable amount of recipients’ requests at all times for a period of at least 30 days after the unsolicited commercial message is sent and legitimately obtained.
- the cost to submit the unsubscribe request shall not cost more than the cost of using similar kind of technology used to receive the unsubscribe request
- where the recipient submits an unsubscribe request using the facility provided, no further unsolicited messages shall be sent after the expiration of 10 business days after the day on which the unsubscribe request is submitted
- the information contained shall not be disclosed to any other person, except with the consent of the recipient
- the above shall not apply if the unsolicited message is sent, caused to be sent or authorised to be sent by mistake
- Labelling and other requirements, every unsolicited message shall contain:
- a title that is not false and misleading to the content of the message
- the letters <ADV> in the subject field, or words to clearly identify that the message is an advertisement
- header information that is not false or misleading
- an accurate and functional electronic mail address or telephone number
- The use of dictionary attack and address harvesting software is not allowed whether or not they are unsolicited commercial electronic messages.