Broadcasting (Class Licence) Notification

BROADCASTING ACT (CHAPTER 28, SECTION 9)

BROADCASTING (CLASS LICENCE) NOTIFICATION

G.N. NO. S 330/ 2013

REVISED 29 MAY 2013

[15th July 1996]

=Citation=

1. This Notification may be cited as the Broadcasting (Class Licence) Notification.

=Definitions=

2. For the purposes of this Notification —

“Internet Content Provider” means —

(a ) any  individual  in  Singapore  who  provides  any  programme,  for

business, political  or  religious  purposes,  on  the  World  Wide  Web  through  the Internet; or

(b ) any  corporation  or  group  of  individuals  (including  any  association, business,  club,  company,  society,  organisation  or  partnership,  whether registrable  or  incorporated  under  the  laws  of  Singapore  or  not)  who  provides any programme on the World Wide Web through the Internet, and includes any web publisher and any web server administrator;

“Internet Service Provider” means any of the following persons: (a ) an  Internet  Access  Service  Provider  licensed  under  section 5  of  the Telecommunications Act (Cap. 323);

(b ) a Localised Internet Service Reseller; or

(c) a Non-localised Internet Service Reseller;

“Localised Internet Service Reseller” means a person —

(a ) who  obtains  Internet  access  from  an  Internet  Access  Service  Provider or from a Non-localised Internet Service Reseller;

(b ) who  provides  Internet  services  obtained  from  the  Internet  Access Service Provider, or the Non- localised Internet Service Reseller, to all or part of the public; and

(c) whose Internet services are available for reception only within a single building, dwelling-house,  hospital,  educational  institution,  residential, commercial or industrial complex, or any other single temporary or permanent structure, but does not include a person who provides Internet services to that person’s own employees for use solely within that person’s firm or corporation;

“Non-localised Internet Service Reseller” means a person who —

(a ) obtains Internet access from an Internet Access Service Provider; and

(b ) provides  Internet  services  obtained  from  the  Internet  Access  Service Provider to  all  or  part  of  the  public  by  leased  telecommunication  lines, integrated services digital networks, modems or by any other wired or wireless means, but does  not include a person who provides Internet services to that person’s own employees for use solely within that person’s firm or corporation;

“VAN computer on-line service” means a computer on-line service that is licensed as a Value Added Network service under section 5 of the Telecommunications Act.

Licensable broadcasting services subject to class licence 3. The  provision  of  the  following  licensable  broadcasting  services  are  subject  to  a  class licence except  a  computer  on-line  service  provided  on  or  after  such  date  as  the  Authority specifies in a notice given to a provider of the service under paragraph 3A:

(a ) audiotext services;

(b ) videotext services;

(c) teletext services;

(d ) broadcast data services;

(e) VAN computer on-line services; and

(f ) computer  on-line  services  that  are  provided  by  Internet  Content Providers and Internet Service Providers.

Exclusion from class licence 3A.—(1)   A  notice  may  be  given  by  the  Authority  to  any  person  who  provides  a  computer on-line service  in  or  from  Singapore,  whether  for  payment  or  free,  and  whether  at  regular intervals or otherwise —

(a ) that  is  accessed  from  at  least  50,000  different  Internet  protocol addresses in  Singapore  per  month  on  average,  over  any  period  of  2  consecutive months; and

(b ) that  contains  at  least  one  Singapore  news  programme  per  week  on average, over the same period of 2 consecutive  months referred to in sub-paragraph (a), and that notice shall not cease to have effect by reason only that the computer on-line service concerned ceases  subsequently  to  satisfy  sub-paragraph  (a) or  (b)  during  the  validity  of  any broadcasting licence under section 8 of the Act relating to that service.

(2) For the purposes of reckoning access and content under sub-paragraph (1)(a) and (b) —

(a ) where  a  computer  on-line  service  is  provided  by  a  web  site  with  a domain  and  one  or  more  sub-domains,  all  sub-domains  shall  be  regarded  as  part of the domain of the web site; and

(b ) where a computer on-line service  is provided by a web site  in or from Singapore (referred  to  in  this  sub-paragraph  as  the  original  web  site)  which  is duplicated  on  or  transferred  to  one  or  more  other  web  sites  in  or  from  Singapore (referred to  in  this  sub-paragraph  as  the  mirrored  web  site),  all  mirrored  web  sites shall be regarded as part of the original web site.

(3) In this  paragraph,  “Singapore news programme” means any programme (whether or not the  programme  is  presenter-based  and  whether  or  not the  programme  is  provided  by  a  third party)  containing  any  news,  intelligence,  report  of  occurrence,  or  any  matter  of  public interest, about  any  social,  economic,  political,  cultural,  artistic,  sporting,  scientific  or  any other aspect  of  Singapore  in  any  language  (whether  paid  or  free  and  whether  at  regular intervals or otherwise) but does not include any programme produced by or on behalf of the Government.

=Conditions of class licence=

4. The conditions of the class licence referred to in paragraph 3 are set out in the Schedule.

=Application of conditions=

5. The  conditions  of  the  class  licence  set  out  in  the Schedule  apply  to  the  provision  of  any licensable broadcasting service that is subject to a class licence where the service is available or continues  to  be  provided  after  15th July  1996  notwithstanding  that  the  service  was available or first provided before 15th July 1996.

=THE SCHEDULE=

Paragraph 4

CONDITIONS OF CLASS LICENCE
1. In this Schedule —

“licensee” means a person who provides a licensable broadcasting service that is subject to a class licence under section 9 of the Act;

“newspaper” means any publication containing (a ) news;

(b ) intelligence;

(c) reports of occurrences;

(d ) remarks;

(e) observations; or

(f ) comments, and published  in  any  form,  for  sale  or  free  distribution,  at  regular  intervals  or

otherwise, but does not include any publication published by or for the Government.

“service” means a licensable broadcasting service that is subject to a class licence under section 9 of the Act.

2.—(1) An Internet Service Provider shall —

(a ) register with the Authority within 14 days of providing the service;

(b ) faithfully  and  truthfully  furnish  such  information  and  such undertakings, as  the  Authority  may  require  in  connection  with  the  provision  of  the Internet Service Provider’s service; and

(c) pay the following licence fees:

(i) for  the  provision  of  a  computer  on-line  service  by  an  Internet  Access Service Provider, $1,000 per annum;

(ii) for  the  provision  of  a  computer  on-line  service  by  a  Non-localised Internet Service Reseller —

(A) where  the  service  is  provided  to  500  user-accounts  or  more, $1,000 per annum; and

(B) where  the  service  is  provided  to  less  than  500  user-  accounts, $100 per annum; and

(iii) for the provision of a computer on-line service by a Localised Internet Service Reseller, $100 per annum for each premise at which the computer on-line services are provided.

(2) Sub-paragraph (1) does not apply to a Localised Internet Service Reseller who, in the opinion of the Authority, provides Internet services —

(a ) for purposes only incidental to its primary business; or

(b ) for purposes of demonstration only on an occasional basis.

2A.—(1) An  Internet  Service  Provider  who  is  an  Internet  Access  Service  Provider  licensed under section 5  of  the  Telecommunications  Act  (Cap. 323)  (referred  to  in  this paragraph as an Internet Access Service Provider) shall —

(a ) upon receiving, on or after 23rd February 2012, any request by any of its  relevant  subscribers,  offer  to  provide  that  relevant  subscriber  Internet  content filtering arrangements;

(b ) inform  any  prospective  relevant  subscriber  in  Singapore  of  the availability of  Internet  content  filtering  arrangements  before  providing,  on  or  after 23rd February 2012,  to  the  prospective  relevant  subscriber  first  access  to  the Internet;

(c) inform  a  relevant  subscriber  of  the  availability  of  Internet  content filtering arrangements  before  renewing,  on  or  after  23rd February  2012,  the subscription of that relevant subscriber; and

(d ) for the duration of the relevant subscriber’s subscription, provide reasonable technical support to the relevant subscriber with respect to the provision of Internet content filtering arrangements.

(2) If the Authority is satisfied that content in a programme on the World Wide Web is undesirable, harmful or obscene, and the Authority gives to an Internet Access Service Provider written notice that end-users should be prevented from accessing that content on the  Internet,  the  Internet  Access  Service  Provider  shall  take  all  reasonable  steps  to modify,  or  to  enable  the  relevant  subscribers  to  modify,  the  Internet  content  filtering arrangements to prevent such end-users from accessing that content.

(3) In this paragraph —

“a relevant subscriber” means a person in Singapore who —

(a ) subscribes  to  any  computer  online  service  that  enables  the  person  to obtain  through  any  telecommunication  line  access  to  the  Internet  at  a  private residence, whether or not owned by the relevant subscriber; or

(b ) subscribes, on or after 30th June 2012, to any computer online service (excluding the excepted services) that enables the person to obtain access to the Internet through radio-communication;

“excepted services” means —

(a ) computer online service providing access to the Internet through radio-communication, for which the subscriber is not required to pay any type of fee as consideration,  and  is  not  required  to  accept  as a  condition  for the  computer online service, any condition that is not directly connected with the provision of the computer online service; or

(b ) computer online service providing access to the Internet through radio-communication  in  connection  with  a  telecommunication  technical  trial  or

market trial licensed under section 5 of the Telecommunications Act;

“Internet content filtering arrangements” means any arrangement (whether or not involving Internet  content  filtering  software  installed  at  the  Internet  Access  Service Provider’s computer equipment or the relevant subscriber’s computer equipment) that is likely to provide a reasonably effective means of preventing access by children and

other end-users  to  such  content  in  any  programme  on  the  World  Wide  Web  that  is undesirable,  harmful  or  obscene  or  potentially  undesirable,  harmful  or  obscene,  and

that was selected by the relevant subscriber.

3.—(1) Subject  to  sub-paragraph (2),  an  Internet  Content  Provider  who  is  or  is  determined by the Authority to be a political party registered in Singapore providing any programme on the World Wide Web through the Internet  shall register with the Authority within 14 days of the commencement of its service.

(2) Notwithstanding  sub-paragraph (1),  the  Authority  may  permit  the  Internet  Content Provider to  register  with  the  Authority  within  such  longer  time  as  the  Authority  may permit.

4.   An  Internet  Content  Provider  who  is  or  is  determined  by  the  Authority  to  be  a  body  of persons  engaged  in  the  propagation,  promotion  or  discussion  of  political  or  religious issues relating to Singapore on the World  Wide  Web through the Internet, shall register with the Authority within 14 days after the commencement of its service, or within such longer time as the Authority may permit.

5.   If required by the Authority to do so by notice in writing —

(a ) an Internet Content Provider who is, or is determined by the Authority to be,  in  the  business  of  providing  through  the  Internet  an  on-line  newspaper  for  a subscription fee or other consideration; and

(b ) an Internet Content Provider who is, or is determined by the Authority to be,  an  individual  providing  any  programme,  for  the  propagation,  promotion  or

discussion of  political  or religious  issues  relating  to  Singapore, on  the  World  Wide Web through the Internet, shall register with the Authority within the time stipulated by the Authority in the notice.

6.   An  Internet  Content  Provider  who  is  required  to  register or re-register,  as  the  case  may be, under paragraph 3, 4 or 5 shall —

(a ) register  or  re-register  in  such  form  and  manner  as  the  Authority  may determine; and

(b ) provide  the  Authority  with  such  particulars  and  undertakings  as  the Authority may  require  in  connection  with  the  provision  of  the  Internet  Content Provider’s service.

7.   A  licensee  who  is  required  to  register  or  re-register,  as  the  case  may  be,  under paragraph 2, 3,  4 or  5  shall  give  the  Authority  14  days  written  notice  of  its  intention  to terminate the provision of its service.

8.   A licensee shall at all times comply with the laws of Singapore.

9.   A licensee shall —

(a ) assist the Authority in the investigation into —

(i) any breach of its licence; or

(ii) any  alleged  violation  of  any  law  committed  by  the  licensee  or  any other person; and

(b ) produce  such  information,  records,  documents,  data or other  materials as may be required by the Authority for the purpose of the investigation.

10.—(1) A licensee who intends to broadcast its service on —

(a ) a radio frequency;

(b ) any spare capacity or sub-carrier on a television or radio channel; or  (c)  television lines in the Vertical Blanking Interval, shall, before the commencement of the  broadcast of  its service, apply to the Authority for approval to broadcast its service by such means.

(2) A licensee shall comply with the conditions attached to any approval issued by the Authority under  sub-paragraph (1),  which  may  include  the  condition  requiring  the payment of spectrum utilisation fees.

11.   A licensee who provides a teletext service after 1st December 2003 shall pay an annual licence fee of $2,000 for each period of 12 months commencing from —

(a ) that date if the  licensee starts to provide, or is continuing to provide a teletext service it is already providing on that date; or

(b ) the date the licensee starts providing its teletext service.

11A. A licensee  who  provides  an  audiotext  service  shall  register  with  the  Authority  within 14 days of 15th April 2004, or in the case where it provides the service after that date, within 14 days of providing the service.

12.   The  licensee  shall  keep  and  furnish  to  the  Authority  all  information,  records, documents, data or other materials concerning or relating to the provision of its service as the Authority may, from time to time, require.

13.   A licensee shall use its best efforts to ensure that its service —

(a ) complies with such Codes of Practice as the Authority may issue from time to time; and

(b ) is  not  used  for  any  purpose,  and  does  not  contain  any  programme, that —

(i) is against the public interest, public order or national harmony; or

(ii) offends against good taste or decency.

14.   An  Internet  Content  Provider  who  provides  a  webpage  on  the  World  Wide  Web through the  Internet  to  which  other  persons  are  invited  to  contribute  or  post programmes shall  use  its  best  efforts  to  ensure  that  such  programmes  conform  with such applicable Codes of Practice as the Authority may issue from time to time.

15.   A  licensee  who  provides  any  licensable  broadcasting  service  referred  to  in paragraph 3(a) to (e) of this Notification, shall —

(a ) ensure  that  its  service  is  not  used  for, or  in  furtherance  of,  games  and

lotteries, the conduct of which is an offence under the Common Gaming Houses Act (Cap. 49) unless the licensee is exempted from the provisions of that Act;

(b ) avoid  the  broadcast  of  horse-racing  analyses,  commentaries  or  tips, other than horse-racing results, for the purpose of gambling;

(c) ensure  that  its  service  is  not  used  to  advertise,  provide  or  otherwise promote —

(i) astrology;

(ii) geomancy;

(iii) palmistry; or

(iv) any other type of fortune-telling device (d ) ensure that its service  is  not used  for the solicitation of prostitution or

for any other immoral activity;

(e) ensure  that  any  professional  advice,  or  any  specialist  consultancy service, offered on its service is offered by persons with qualifications recognised by the relevant professional bodies in Singapore;

(f ) in the case of the broadcast of sound recordings, ensure that only sound recordings that are acceptable to the Authority are broadcast; and

(g ) in  the  case  of  the  broadcast  of  films  or  video  recordings,  ensure  that only films and video recordings that are approved for exhibition under the Films Act (Cap. 107) or exempted from the provisions of that Act or to which that Act does not apply are broadcast.

16.   A  licensee  shall  remove,  or  prohibit  the  broadcast  of,  the  whole  or  any  part  of  a programme  included  in  its  service  if  the  Authority  informs  the  licensee  that  the broadcast of —

(a ) the  whole  or  part  of  the  programme  is  contrary  to  a  Code  of  Practice applicable to the licensee; or

(b ) the programme —

(i) is against the public interest, public order or national harmony; or

(ii) offends against good taste or decency.

17.   If any doubt arises as to whether a licensee has used its best efforts in compliance with the conditions of this licence, the licensee shall be treated as having used its best efforts if it satisfies the Authority that it took all reasonable steps in the circumstances.

18.   Nothing  in  this  Schedule  shall  exempt  the  licensee  from  complying  with  the requirements of any other written law relating to the provision of the licensee’s service.

=See also=


 * Singapore gay censorship

=References=


 * Downloadable PDF of the Media Development Authority's Broadcasting (Class Licence) Notification:.