Page:Spam Control Act 2007.pdf/7

Rh (3) For the purposes of this Act, a message is not an electronic message if it is sent by way of a voice call made using a telephone service.

Meaning of “unsolicited”

5.—(1) In this Act, an electronic message is unsolicited if the recipient did not—
 * (a) request to receive the message; or
 * (b) consent to the receipt of the message.

(2) For the purposes of subsection (1), 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.

(3) For the purposes of subsection (1), where a recipient of an electronic message, other than an unsolicited electronic message, submits an unsubscribe request, he shall not be treated as having requested to receive or consented to the receipt of any message sent after the expiration of 10 business days after the day on which the unsubscribe request is submitted.

Meaning of “sending in bulk”

6.—(1) For the purposes of this Act, electronic messages shall be deemed to be sent in bulk if a person sends, causes to be sent or authorises the sending of—
 * (a) more than 100 electronic messages containing the same or similar subject-matter during a 24-hour period;
 * (b) more than 1,000 electronic messages containing the same or similar subject-matter during a 30-day period; or
 * (c) more than 10,000 electronic messages containing the same or similar subject-matter during a one-year period.

(2) The Minister may, by order published in the Gazette, vary the number of electronic messages specified in subsection (1)(a), (b) or (c).

Application of Act

7.—(1) This Act shall not apply unless an electronic message has a Singapore link.