SINGAPORE
Since July 2010, as amended in January 2013
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Section 26 of the Act (introduced by the amendment of the Act within the Act 26 of 2012), any network service provider shall not be subject to any civil or criminal liability in respect of “third-party material” in the form of electronic records to which it “merely” “provides access. This exemption of liability is also extended to cover liabilities in respect of data protection obligations with respect to third-party material under the Personal Data Protection Act 2012.
Coverage Internet intermediaries
SINGAPORE
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Singapore imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card. In addition, SIM cards cannot be activated without biometric identification
Coverage Telecommunications sector
Sources
SINGAPORE
Since October 1994, last amended in November 2022
Since July 1996, last amended in June 2020
Since November 1997
Since July 1996, last amended in June 2020
Since November 1997
Pillar Intermediary liability |
Indicator Monitoring requirement
Broadcasting Act 1994
Broadcasting (Class Licence) Notification
Internet Code of Practice
Broadcasting (Class Licence) Notification
Internet Code of Practice
The Broadcasting Act includes explicit internet regulations since 1996. Internet content providers and ISPs are licensed as a class and must comply with the act’s Class License Conditions and the Internet Code of Practice. Under this regime, ISPs are required to take “all reasonable steps” to filter any content that the regulator deems “undesirable, harmful, or obscene (Conditions of Class Licence, Section 2A (6), Broadcasting (Class Licence) Notification under the Broadcasting Act (Chapter 28) Section 9). In addition, in accordance with Section 2 of the Internet Code of Practice, licensees shall use their best efforts to ensure that prohibited material is not broadcasted via the Internet to users in Singapore. The Info-communications Media Development Authority issued the Internet Code of Practice in the exercise of the powers conferred by Section 6 of the Broadcasting Act (Cap. 28)
Coverage Internet content providers and ISPs
Sources
- https://web.archive.org/web/20221110193131/https://sso.agc.gov.sg/Act/BA1994
- https://sso.agc.gov.sg/SL/BA1994-N1?DocDate=20161227&ProvIds=Sc-#Sc-
- https://web.archive.org/web/20230328033358/https://www.imda.gov.sg/-/media/imda/files/regulations-and-licensing/regulations/codes-of-practice/codes-of-practice-media/policiesandcontentguidelinesintern...
- https://freedomhouse.org/country/singapore/freedom-net/2022
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SINGAPORE
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that in June 2023, the Minister for Communications and Information instructed Internet Service Providers (ISPs) in Singapore to enforce a block on access to the Asia Sentinel website for users within the country, citing Section 11 of the Protection from Online Falsehoods and Manipulation Act. The decision to restrict access to the news site stemmed from its perceived failure to adequately adhere to a government-issued "correction instruction" related to an article published in May. Moreover, prior instances of similar measures by Singaporean authorities include the blocking of various media and civil society websites, such as those associated with the Malaysian NGO Lawyers for Liberty, the news outlet Singapore Herald, and the States Times Review. Furthermore, since its announcement in 2013 regarding intentions to launch in Singapore, the Canada-based dating platform Ashley Madison has remained inaccessible within the country.
Coverage Websites
SINGAPORE
Since October 1994, as amended in May 2013, last amended in November 2022
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Broadcasting Act 1994
In 2013, the Media Development Authority of Singapore issued guidelines for the Broadcasting Act, stating that all online news websites that provide regular reports on Singapore and have significant reach should acquire an individual license. Additionally, any news website that covers an average of at least one article per week on Singaporean news and current affairs over a period of two months and reaches at least 50,000 unique Internet Protocol addresses in Singapore over the same two-month period requires a special license. Furthermore, the licensed sites must also put up a performance bond of SGD 50,000 (USD 42,000), similar to that required for niche TV broadcasters. The new license requires holders to take down content that breaches certain standards within 24 hours of being notified by the Singaporean government.
Coverage Online news websites
Sources
- https://web.archive.org/web/20210924145556/https://www.imda.gov.sg/news-and-events/Media-Room/archived/mda/Media-Releases/2013/fact-sheet--online-news-sites-to-be-placed-on-a-more-consistent-licensing...
- https://web.archive.org/web/20211130124322/https://www.gov.sg/article/what-is-the-licensing-framework-for-online-news-sites-all-about
- https://web.archive.org/web/20220305180720/https://sso.agc.gov.sg/Act/BA1994
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SINGAPORE
Since April 2003
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications (Dealers) Regulations
The Telecommunication (Dealers) Regulations apply to the import of telecom equipment for sale in Singapore. The scope of product coverage is defined under HS Code 8517, which includes telephone sets (including smartphones and other telephones for cellular or wireless networks), apparatus for the transmission or reception of voice, images, or data (both wired and wireless), and related components, excluding apparatus covered under headings 8443, 8525, 8527, or 8528. The import of telecom equipment for sale necessitates a Telecommunication Dealer's Licence issued by the Info-communications Media Development Authority (IMDA) and an import permit from Singapore Customs. Applications for these licences must be submitted prior to the import of such equipment. Both the Telecommunication Dealer's Licence and the import permit can generally be obtained immediately via online platforms, namely the TradeNet and GoBusiness Licensing portals. However, exceptions apply to specific categories, including Machine-to-Machine equipment, SMS SIM Boxes, and prohibited telecommunication equipment. Holders of a Telecommunication Dealer's Class Licence are permitted to trade only in registered telecommunications equipment or those specified in the First Schedule of the Telecommunications (Dealers) Regulations. The importation of prohibited telecommunications equipment, as listed in the Third Schedule of the Telecommunications (Dealers) Regulations (e.g., radio-frequency jammers, military-grade equipment), is strictly prohibited unless prior approval is granted by IMDA.
In general, all individuals, registered firms, and institutions are eligible to apply for import licences. Applicants must be registered entities, including companies incorporated under the Singapore Companies Act, Limited Liability Partnerships registered under the Singapore Limited Liability Partnerships Act, or businesses registered with the Accounting and Corporate Regulatory Authority (ACRA) of Singapore.
In general, all individuals, registered firms, and institutions are eligible to apply for import licences. Applicants must be registered entities, including companies incorporated under the Singapore Companies Act, Limited Liability Partnerships registered under the Singapore Limited Liability Partnerships Act, or businesses registered with the Accounting and Corporate Regulatory Authority (ACRA) of Singapore.
Coverage Telecom equipment
SINGAPORE
Reported in 2021, last reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Singapore's Infocomm Development Authority accepts equipment registration for many types of telecommunications and radio equipment, though registration is voluntary for some categories of equipment. The company filing the registration must be a local company with a valid IMDA dealer's license. Registrations are typically based on foreign standard test reports to declare conformity to IMDA's technical standards. IMDA also accepts equipment certification by local or foreign certification bodies recognised by IMDA under a phase II mutual recognition arrangement.
The Singapore Accreditation Council (SAC) works closely with other international bodies on Mutual Recognition Arrangements (MRAs) to allow signatories to mutually recognise reports and certificates issued by an accredited Conformity Assessment Body (CAB) as equivalent to their own standards.
The Singapore Accreditation Council (SAC) works closely with other international bodies on Mutual Recognition Arrangements (MRAs) to allow signatories to mutually recognise reports and certificates issued by an accredited Conformity Assessment Body (CAB) as equivalent to their own standards.
Coverage Electronic and telecom products
Sources
- https://web.archive.org/web/20221001111109/https://www.imda.gov.sg/regulations-and-licensing-listing/dealer-and-equipment-registration-framework/equipment-registration-framework
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
- https://www.imda.gov.sg/regulations-and-licensing-listing/equipment-registration
- https://web.archive.org/web/20250107180525/https://web.wtocenter.org.tw/downFiles/138/385514/00PvkUeXzF211111wH61lFWDoPXsdqH4iCBiTTUO6nqsRFYBzux00000ER5QSJCk00000cmTuOJ3sFRnsaeVev0fTwM4yB000007nW2Q==
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SINGAPORE
Since October 2012, entry into force in July 2014
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Data Protection Act 2012
Under Section 11.3, each organisation is required to appoint one or more data protection officers to be responsible for ensuring the organisation’s compliance with the Personal Data Protection Act.
Coverage Horizontal
SINGAPORE
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Singapore. It is reported that companies present concerns regarding enforcement efforts against the use of unauthorised streaming services and third-party illicit streaming devices to access pirated content.
Coverage Horizontal
SINGAPORE
Since January 2005, entry into force in April 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Singapore has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SINGAPORE
Since January 2005, entry into force in April 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Singapore has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SINGAPORE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
The Common Law doctrine of breach of confidence
In Singapore, there is no specific legislation dedicated to the protection of trade secrets. Instead, trade secrets are typically safeguarded through the common law doctrine of breach of confidence, alongside intellectual property and contract law, where applicable. For information to qualify as a trade secret or confidential information, it must not be publicly accessible and must be clearly and specifically identified, as demonstrated in Nanofilm Technologies International Pte Ltd v Semivac International Pte Ltd and others [2018] SGHC 167.
Additionally, the Intellectual Property Office of Singapore outlines three key considerations for determining whether a breach of confidence has occurred: (1) whether the information has the quality of confidentiality; (2) whether it was communicated under circumstances that impose an obligation of confidentiality—this obligation can exist even if the information was accessed or acquired without the company’s consent; and (3) whether the person who obtained the information can prove that they were unaware of its confidential nature or acquired it unintentionally.
Additionally, the Intellectual Property Office of Singapore outlines three key considerations for determining whether a breach of confidence has occurred: (1) whether the information has the quality of confidentiality; (2) whether it was communicated under circumstances that impose an obligation of confidentiality—this obligation can exist even if the information was accessed or acquired without the company’s consent; and (3) whether the person who obtained the information can prove that they were unaware of its confidential nature or acquired it unintentionally.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230205212300/https://www.twobirds.com/en/insights/2020/singapore/recent-developments-in-relation-to-the-protection-of-trade-secrets-in-singapore
- https://cms.law/en/int/expert-guides/cms-expert-guide-to-trade-secrets/singapore
- https://web.archive.org/web/20231205015419/https://www.ipos.gov.sg/about-ip/trade-secrets
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SINGAPORE
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Singapore to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
SINGAPORE
Since October 1993
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Singapore Telecommunications (SingTel), the incumbent telecommunication operator, is currently 52% government-owned.
Coverage Telecommunications sector
SINGAPORE
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Singapore does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required in some instances (dominant licensees and their related companies).
Coverage Telecommunications sector
