Broadcasting Act

THE STATUTES OF THE REPUB LIC OF SINGAPORE BROADC ASTING ACT (CHAPTER 28) (Original Enactment: 15 of 1994) REVISED EDITION 2012 (31st August 2012) Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275) Informal Consolidation – version in force from 31/8/2012 CHAPTER 28 Broadcasting Act ARRANGEMENT OF SECTIONS PA R T I PRELIMINARY Section 1.

Short title 2.

Interpretation PA R T I I PROVISIONS RELATING TO AUTHORITY 3.

Directions by Minister 4.

Exclusion of liability of Authority for act or default of licensees PA RT III LICENSING SCHEME 5.

Power of Authority to grant licences 6.

Codes of Practice 7.

Restriction on transfer of licences PA R T I V BROADCASTING SERVICES 8.

Licensing of broadcasting services 9.

Class licences 10.

M odification of broadcasting licence conditions 11.

M odification of class licence conditions 12.

Suspension or cancellation of broadcasting licence, etc.

13.

C ompliance with Codes of Practice, etc.

14.

Free-to-air broadcasting services 15.

Submission of broadcasting material to Authority 16.

D irections of Authority 17.

Public service broadcasting services 18.

G eneral requirements in respect of public service programmes Informal Consolidation – version in force from 31/8/2012 1 2012 Ed.

Section 19.

“ Must carry ” provision PA R T V BROADCASTING APPARATUS 20.

Licensing of broadcasting apparatus 21.

A pplication of certain provisions of Act to broadcasting apparatus licences PA R T V I FREQUENCY PLANNING 22.

Frequency planning criteria 23.

R e-assignment of frequencies 24.

Separate licence for use of frequency not required PA R T V I I BROADCASTING CONDITIONS 25.

Transmission area requirements 26.

Sharing of facilities 27.

Inspection and testing of broadcasting apparatus 28.

Provision of building space, etc.

, by developer or owner of building or land PA RT VIII FOREIGN BROADCASTING SERVICES 29.

O rders proscribing unacceptable foreign broadcasting services 30.

O ffence of supporting proscribed foreign broadcasting services PA R T I X DECLARED FOREIGN BROADCASTING SERVICES 31.

D eclared foreign broadcasting services PA R T X OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES 32.

A pplication of this Part to broadcasting company 33.

Special features of broadcasting company Broadcasting2012 Ed.

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28 2 Informal Consolidation – version in force from 31/8/2012 Section 34.

A pplication and interpretation of this section and sections 35 to 42 35.

C ontrol of substantial shareholdings in broadcasting companies 36.

C ontrol of shareholdings and voting power in broadcasting companies 37.

A pproval of applications 38.

Power to make further transitional provisions 39.

O bjection to existing control of broadcasting company 40.

Power to make directions 41.

O ffences, penalties and defences 42.

Power to obtain information 43.

Funds from foreign source for purposes of certain broadcasting service 44.

B roadcasting company owned by foreign source 45.

A ppeal under this Part PA R T X I OFFENCES AND PENALTIES 46.

O ffences relating to licensable broadcasting services 47.

O ffences relating to installation, sale, import or possession of broadcasting apparatus 48.

O ffences relating to unauthorised decoders and unauthorised reception of encrypted programmes 48 A.

Civil action in relation to unauthorised decoders and decoded programmes 49.

O ffence of hindering employee or agent of Authority 50.

Power of Authority to requisition information 51.

Power of police officer and other authorised persons against unlicensed broadcasting service or apparatus 52.

Power of arrest and search 53.

N o entitlement to costs or damages 54.

O ffence against other laws 55.

C onduct of proceedings by officers 56.

C orporate offenders and unincorporated associations 57.

C omposition of offences 58.

Jurisdiction of court Broadcasting3 C AP.

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Informal Consolidation – version in force from 31/8/2012 PA R T X I I MISCELLANEOUS PROVISIONS Section 59.

A ppeal to Minister 60.

Exemption 61.

Equipment of licensee not subject to distress, etc.

62.

International dealings of Authority 63.

G overnment ’s right to determine international relations 64.

Service of notice, etc.

65.

Amendment of First, Second and Third Schedules 66.

R egulations 67.

R eferences in other written laws and documents 68.

Transitional and savings provisions First Schedule — Broadcasting Apparatus Second Schedule — Licensable Broadcasting Services Third Schedule — Relevant Licensable Broadcasting Service An Act to regulate dealing in, the operation of and ownership in broadcasting services and broadcasting apparatus, and for matters connected therewith.

[34/2002] [1st October 1994] PA R T I PRELIMINARY Short title 1.

This Act may be cited as the Broadcasting Act.

[34/2002] Interpretation 2.

—(1) In this Act, unless the context otherwise requires — “Authority ” means the Media Develo pment Authority of Singapore established under the Media Development Authority of Singap ore Act (Cap.

172);

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28 4 Informal Consolidation – version in force from 31/8/2012 “broadcasting apparatus ” means any apparatus capable of or designed or constructed for the reception of any broadcasting service and specified in the First Schedule;

“broadcasting appa ratus licence ” means a licence granted under section 20 in respect of broadcasting apparatus, and “broadca sting apparatus licensee ” shall be construed accordingly;

“broadcasting licenc e” means a licence granted under sectio n 8 or 9 for the provision of a licensable broadca sting service, and “broadca sting licens ee” shall be construed accordingly;

“broadcasting service ” means a service whereby signs or signals transmitted, whether or not encrypted, compris e — ( a ) any programme capable of being received, or received and displ ayed, as visual images, whether moving or still;

( b ) any sound programm e for recepti on;

or ( c ) any programm e, being a combination of both visual image (whether moving or still) and sound for reception or reception and display, by persons having equipment appropriate for receiving, or receiving and displaying, as the case may be, that service, irrespective of the means of delivery of that service;

“Chairman ” means the Chairman of the Authority and include s any tempora ry Chairman of the Authority;

“chief executive ” means the chief executive of the Authority appointed under section 28 of the Media Development Authority of Singapore Act and includes any person acting in that capacity;

“class licence ” means a licence determin ed under sectio n 9 to be applicable to certain licensable broadcasting services, and “class licensee ” shall be construed accordingl y;

“Code of Practice ” means a Code of Practice issue d under this Act;

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Informal Consolidation – version in force from 31/8/2012 “debenture ” include s debenture stock;

“dwelling-house ” include s a hotel, inn, boarding house or other similar establishment;

“encrypted ” means treated electronically or otherwise for the purpose of preventing intelligib le reception;

“free-to-air broadcasting servic e” means a licensable broadcasting service made available for reception in not less than 2 dwelling-houses by broadcasting apparatus commonly available to the public without payment of a subscription fee;

“free-to-air licence ” means a broadcasting licence granted under this Act for the operation of a free-to-a ir broadca sting service, and “ free-to-air licensee ” shall be construed accordingly;

“Info-communica tions Development Authority of Singapore ” means the Info-c ommunications Development Authority of Singapore established under section 3 of the Info-communications Development Authority of Singap ore Act (Cap.

137A);

“licence ” means a licenc e granted under any provision of this Act, and “licensee ” shall be construed accordingly;

“licensable broadcasting service ” means any broadcasting service specified in the Second Schedule;

“member ” means a member of the Authority;

“programme ”, in relation to a broadca sting servic e, means — ( a ) any matter the primary purpose of which is to entertain, educate or inform all or part of the public;

or ( b ) any advertising or sponsors hip matter, whether or not of a commer cial kind, but does not include any matter that is wholly related to or connected with any private communication, that is to say — (i) any communication between 2 or more persons that is of a private or domesti c nature;

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28 6 Informal Consolidation – version in force from 31/8/2012 (ii) any internal communication of a business, Governm ent agency or other organisation for the purpose of the operation of the business, agency or organisation;

and (iii) communications in such other circumstanc es as may be prescribed;

“regulations ” means regulatio ns made under this Act;

“securities ”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

“shares ”, in relat ion to a company, means shares in, or stock forming part of, the capital of the company;

“subscription broadca sting service ” means a licensable broadcasting service made available to the audience for whom it is intended only upon the payment of a subscription fee;

“subscription fee ” means any form of consideration.

[41/99;

19/2002;

34/2002] (2) For the purposes of this Act, unless the context otherwise requires, “part of the public ” includes reside nts in a particular place, employees of any firm, company or organisation, occupiers of a particular building or part thereof and members of any profession , club or society.

(3) For the purposes of this Act, a company shall be regarded as wholly owned by the Governm ent at any time when all the issued shares in the company are held by or on behalf of the Governm ent.

PA R T I I PROVISIONS RELATING TO AUTHORITY Directions by Minister 3.

—(1) The Mini ster may, after consultation with a person to whom this section applies, give to that person such directions as he thinks fit as to the exercise by that person of its functions under this Act.

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Informal Consolidation – version in force from 31/8/2012 (2) Without prejudice to the gene rality of subsec tion (1), if it appears to the Minister to be requisite or expedient to do so — ( a) on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence or relations with the govern ment of another country;

or ( b) in order — (i) to discharge or facilitate the discharge of an obligation binding on the Governm ent by virtue of its being a member of an international organisation or a party to an international agreement;

(ii) to attain or facil itate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisati on or a party to such an agreement;

or (iii) to enable the Government to become a member of such an organisation or a party to such an agreement, the Mini ster may, after consultation wi th a person to whom this section applies, give such direction s to that person as are necessary in the circumstanc es of the case.

(3) Any directions given under subsect ion (1) or (2) may include provisions for — ( a) the prohibition or regulatio n of any broadca sting service;

( b) the taking of, the control of or the use for official purposes of, all or any system and equipment used in the provision of any broadcasting service;

and ( c) the stopping, delaying and censoring of messages and the carrying out of any other purposes which the Minister thinks necessary.

(4) A person to whom this section applies shall give immediate effect to any directions given to him under subsec tion (1) or (2) notwithstandin g any other duty impose d on him by or under this Act.

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28 8 Informal Consolidation – version in force from 31/8/2012 (5) A person to whom this section applies shall not disclose any directions given to him under subsection (1) or (2) if the Minister notifies him that the Mini ster is of the opinio n that the disclosure of the directions is against the public interest.

(6) The Minister may — ( a) pay compensation for any damage caused to a licensee by reason of its compliance with the directions of the Minister under subsect ion (3)( b );

or ( b) make grants to licens ees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any other provision s of this section.

(7) Any sums required by the Minister for paying compensation or making grants under subsection (6) shall be paid out of the Consolidated Fund.

(8) This section shall apply to the Author ity and to any person who is a licensee.

(9) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public securit y, national defence or relations with the government of another country, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein.

Exclusion of liability of Authority for act or default of licensees 4.

The Autho rity shall not be liable in respect of any injury, loss or damage suffered by any person by reason of any act, default, neglect or otherwise of any licensee or of any agent or employee of the licensee.

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Informal Consolidation – version in force from 31/8/2012 PART III LICE NSING SCHEME Power of Authority to grant licences 5.

—(1) The Authority may grant the following licences: ( a) broadcasting licences;

and ( b) broadcasting appar atus licences.

(2) The Authority shall grant licences under subsection (1) in such categories as the Autho rity may determine are approp riate for the regulation of the broadca sting industry.

Codes of Prac tice 6.

—(1) The Authority may issue and from time to time review — ( a) Codes of Practice relating to standards of programm es and advertiseme nts broadcast by licensees;

and ( b) Codes of Practice relating to broadcast standards required to be maintained by licens ees.

(2) If any provision in any Code of Practice is inconsistent with any regulations, it shall, to the extent of the inconsistency, either have effect subject to such regulatio ns or, where appropriate, having regard to such regulations, shall not have effect.

(3) The Authority may in any licenc e exempt any licensee from any provision in a Code of Practice gener ally or for such time as the Authority may specify.

Restriction on transfer of licences 7.

—(1) No licence shall be transferable to any other person without the prior consent in writing of the Authority to the transfer to that person.

(2) Any purported transfer of any licence shall for all purposes be void and of no effect.

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28 10 Informal Consolidation – version in force from 31/8/2012 PA R T I V BROADCA STING SERVICES Licensing of broadcasting services 8.

—(1) No person shall provide any licensable broadcasting service in or from Singap ore wi thout a broadcasting licence granted by the Authority under this section or granted under section 9.

(2) Every broadcasting licence, other than a class licence, granted by the Authority shall be in such form and for such period and may contain such terms and condition s as the Autho rity may determin e.

(3) The Authority may require any licens ee to pay a fee on the grant of the licence or such periodic fees during the currency of the licence or both of such amount as the Authority may determine by or under the licence.

(4) Without prejudice to the generality of subsect ion (2), condition s attached to a free-to-a ir licence granted under this section may include — ( a) a condition requiring the licensee to broadca st such programmes as the Authority may require and at such time, or within such period and on such broadcasting service as the Authority may specif y;

( b) a condition prohibiting or restr icting, in a manner specifi ed in the licence, the broadcasting by the licensee of advertising material which is of a class or description so specifi ed;

( c) the right of the Authority in the public interest to make modifications to any condition of the licence during the period to which the licence relates;

( d) a condition requiri ng the licensee to provide a performa nce bond to secure compliance by the licensee with any condition attached to the licence;

( e) broadcast requirem ents, including conditions relating to the assignment and use of frequencies, channel capacities and coverage;

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Informal Consolidation – version in force from 31/8/2012 ( f ) a condition requiring the payment by the licensee of royalties, licence fees, spectrum utilisation fees and other fees and charges as may be prescri bed;

( g) a condition requiring the broadcasting of programm es in such language as may be specified, and the periods and duration of such broadcast;

and ( h) conditions imposing controls and restri ctions, directly or indirectly, on the creation, holding or disposal of shares in the licensee or its sharehold ers or interes ts in the undertaking of the licensee or any part thereof.

Class licences 9.

—(1) The Autho rity may, by notific ation published in the Gazette , determine a class licence, being a broadca sting licence, for the provision of such subscription broadcasting servic es and other licensable broadcasting services as the Authority may specify.

(2) The Autho rity may include in a class licence such conditions as it thinks fit.

(3) Different conditions may be specified for — ( a) different categories of licensabl e broadcasting services;

and ( b) different types of such services.

(4) Without limiting the condition s that may be impose d, the Authority may impose a condition on a class licence requiri ng the licensee to comply with a Code of Practice that is applicable to the licensee or designed to ensure that a breach of a condition of the class licence by the licensee does not recur.

Modification of broadcasting licence conditions 10.

— (1) The Authority may modify the conditions of a broadcasting licence, other than a class licence, in accordance with this section.

(2) Before making any modification to the condition s of a broadcasting licence under this section, the Autho rity shall give notice to the broadcasting licensee — Broadcasting2012 Ed.

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28 12 Informal Consolidation – version in force from 31/8/2012 ( a) stating that it proposes to make the modification in the manner specified in the notice and (except if the modification results from a contravention by the licensee of section 12(1)( a ) or any other default of the licensee) the compensatio n paya ble (if any) for any damage caused thereby;

and ( b) specifying the time (being not less than 28 days from the date of service of notice on the licensee) within which wri tten representations with respect to the proposed modification may be made.

(3) Upon receipt of any written representation referred to in subsection (2)( b ), the Authority shall consider the representation and may — ( a) reject the represent ation;

or ( b) amend the proposed modification or compensatio n payable in accordance with the representation, or otherwise, and, in either event, shall thereupon issue a direction in writing to the broadcasting licensee requiring that effect be given to the proposed modification specified in the notice or to such modification as subsequently amended by the Authority within a reasonable time.

(4) Any broadcasting licens ee aggrieved by a decision of the Authority under subsecti on (3) may, within 14 days of the receipt by the licensee of the direction, appeal to the Minister whose decisi on shall be final.

(5) The Authority shall not enforce a direction given under subsection (3) — ( a) during the period referr ed to in subsection (4);

and ( b) whilst the appeal of the broadcasting licensee is under consideration by the Minister.

(6) If no written representation is received by the Autho rity within the time specified in subsection (2) or if any written representation made under that subsection is withdrawn, the Authority may immediately carry out the modifica tion as specified in the notice given under that subsection.

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Informal Consolidation – version in force from 31/8/2012 Modification of class licence conditions 11.

The Authority may, by notification published in the Gazette — ( a) modify the conditions specified in any class licence;

or ( b) specify additional conditions of any class licence.

Suspension or cancellation of broadcasti ng licence, etc.

12.

— (1) If the Autho rity is satisfied that — ( a) a broadcasting licensee is contravening, or has contraven ed, any of the condition s of its licence, any relevant Code of Practice, any of the provision s of this Act or the regulations or any direction issued by the Minister or the Autho rity to, or applicable to, the licensee;

( b) a broadcasting licens ee has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

( c) a broadcasting licensee has made any assignment to, or composition with, its creditors;

or ( d) the public interest or the securi ty of Singapore so requires, the Authority may, by notice in wri ting and without any compensatio n, do either or both of the foll owing: (i) cancel the licence or suspend the licence for such period as the Authority thinks fit and, in the case of a class licensee, cancel or suspend the application of the class licenc e in respect of the class licensee for such period as the Authority thinks fit;

(ii) require the payment of a fine of such amount as the Authority thinks fit.

(2) Any person who is aggrieved by any decision of the Authority under this section may, within 14 days of the receipt by him of the notice referred to in subsection (1), appeal to the Minister whose decision shall be final.

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28 14 Informal Consolidation – version in force from 31/8/2012 (3) In this section, “Code of Practice ” includes a code of practic e issued under the Media Development Authority of Singap ore Act (Cap.

172).

[34/2002] Compliance with Codes of Practi ce, etc.

13.

— (1) Every broadcasting licensee shall comply with the Codes of Pra ctice relating to standards of programmes and advertiseme nts and broadcast standards.

(2) No broadca sting licensee shall allow to be transmitted a broadcasting service other than in accordance with any broadcast standards specifi ed in any regulations or Code of Practice or any condition which may be incorporate d in its broadca sting licence.

Free-to-air broadcas ting services 14.

— (1) A free-to-a ir licensee shall provide broadcasting services in such language as may be specified in its licence.

(2) Each free-to-air broadca sting service shall be broadcast for not less than such number of hours during each day as may be speci fied in the free-to-air licence.

Submission of broadcastin g material to Authority 15.

— (1) A broadca sting licensee shall supply to the Autho rity on demand any materia l, including the script thereof, which is intended for broadcasting.

(2) A broadcasting licens ee who is required to supply materia l under subsection (1) shall — ( a) supply the material in such form as the Autho rity may determine;

or ( b) make available on demand without charge such equipment as the Authority may determine.

(3) The Authority may, if it is satisfied that any programm e intended to be broadca st by a broadcasting licensee may be against the public interest or order, national harmony or will offend against decency, Broadcasting15 C AP.

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Informal Consolidation – version in force from 31/8/2012 require the broadcasting licensee to pre-record the programm e and submit it to the Autho rity for approv al before it is broadca st.

Directions of Authority 16.

— (1) The Authority may issue directions in writing to a broadcasting licensee requiring the licensee to take such action with regard to the contents of programm es or advertisements or to broadcast standards as the Authority considers necessary in order to comply with the provisions of this Act, any relevant Code of Practice and any condition attached to the broadcasting licence.

(2) Directions issued under subsecti on (1) may include a direction prohibiting a broadcasting licensee from broadcasting the whole or any part of a programm e or of any class of material.

(3) Any broadcasting licensee and any other person responsible for the broadca sting of any programme prohibi ted by a direction issued under subsection (1) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Public service broadcasting services 17.

A broadca sting licensee shall include, within the broadca sting services required to be broadcast by it under its broadcasting licence, such programmes provided by the Authority or the Governm ent through the Authority as may be required by the Author ity under the conditions of its licence, including — ( a) programmes for schools or other educ ational programmes;

( b) news and information programmes produc ed in Singap ore or elsewhere;

( c) arts and cultural programmes;

and ( d) drama and sports programmes produced in Singapore.

General requirements in respect of public service program mes 18.

— (1) Prog rammes required under section 17 or pursuant to a condition attached to a broadca sting licence to be broadcast by a broadcasting licensee shall be broadcast without charge to the Broadcasting2012 Ed.

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28 16 Informal Consolidation – version in force from 31/8/2012 Authority or with such subsidy from the Authority as may be provided in that broadcasting licence.

(2) A broadcasting licens ee shall, on the request of the Authority and on receipt of reasonable notice, make available to the Authority without charge such part of its broadca sting apparatus as the Authority may specify for the purpose of broadcasting programm es required to be broadcast under section 17 or pursuant to a condition attach ed to its broadcasting licence.

“ Must carry ” provisi on 19.

— (1) Notwithst anding anything in this Act but subject to this section, the Authority may, by a direction in writing, require a broadcasting lice nsee to provide for transmission and reception any broadcasting service which is — ( a) provided by any other person for such transmis sion and reception;

and ( b) specified in its licence or is of a description so speci fied.

(2) Where the Authority gives a direction under this section, the broadcasting licensee to whom the direction is given shall comply with the requirements of the direction until it is withdrawn.

(3) Where it is proposed to give a direction under this sectio n, the Authority shall give notice to the broadca sting licensee — ( a) stating that the Authority proposes to give directions in the manner specifi ed in the notic e and the compensation payable, if any, for the damage caused thereby;

and ( b) specifying the time (being not less than 28 days from the date of service of notice on the broadca sting licensee) within which written representations with respect to the proposed directions may be made.

(4) Upon receipt of any written representation referred to in subsection (3)( b ), the Authority shall consider the representation and may — ( a) reject the represent ation;

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Informal Consolidation – version in force from 31/8/2012 ( b) amend the proposed direction or compensation payable in accordance with the representation, or otherwise, and in either event, shall thereupon issue a direction in writing to the broadcasting licensee requiring that effect be given to the proposed direction specifi ed in the notice or to such modifications as subsequently amended by the Authority within a reasonable time.

(5) Any broadcasting licens ee aggrieved by a decision of the Authority under subsecti on (4) may, within 14 days of the receipt by the licensee of the direction, appeal to the Minister whose decisi on shall be final.

(6) The Authority shall not enforce a direction given under subsection (4) — ( a) during the period referr ed to in subsection (5);

and ( b) whilst the appeal of the broadcasting licensee is under consideration by the Minister.

(7) If no written representation is received by the Autho rity within the time specified in subsection (3) or if any written representation made under that subsection is withdrawn, the Authority may immediately give effect to the requirements of the direction given under this section.

PA R T V BROADCASTING APPARATUS Licensing of broadcasting appar atus 20.

— (1) Subject to this section, no person shall — ( a) install any broadcasting appa ratus in any place, or on board any ship, aircraft or vehicle registe red in Singap ore;

( b) import, offer for sale, sell or have in his possession with a view to sale, any broadcasting apparatus;

or ( c) operate or have on any premises in Singapore owned or occupied by him broadcasting apparatus on or by which broadcasting services are received, Broadcasting2012 Ed.

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28 18 Informal Consolidation – version in force from 31/8/2012 except under and in accordance with a licenc e granted under this section.

(2) Every licence granted under subsect ion (1) shall be in such form and for such period and may contain such terms and conditions as the Authority may determine.

(3) Subsection (1) shall not be construed as requiri ng any person who works a broadcasting appar atus in the course of his duty as a member of the Singapore Armed Force s, the Singapore Police Force , the Vigilante Corps or the Singapore Civil Defence Force to obtai n a licence under this Act.

(4) The Authority may exempt any person or broadcasting apparatus or class of broadcasting apparatus from subsecti on (1).

Applicatio n of certain provisio ns of Act to broadca sting apparatus licences 21.

Sections 10, 12 and 16 shall apply, with the necessary modifications, to broadcasting apparatus licences and broadca sting apparatus licensees.

PA R T V I FREQUEN CY PLANNING Frequency planning criteria 22.

In performing its functions under this Act, the Authority shall have regard to — ( a) the social and economic characteristics within Singap ore;

( b) the number of existing broadcasting services and the demand for new broadca sting services;

( c) the developments in technology;

( d) the technical restr aints relating to the transmission, delivery or reception of broadcasting services;

( e) the demand for electro magnetic, and particularly radio frequency, spectrum for services other than broadca sting services;

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Informal Consolidation – version in force from 31/8/2012 ( f ) such other matters as the Authority or the Info-communications Development Authority of Singap ore considers appropriate.

[41/99] Re-assignme nt of frequencies 23.

— (1) The Info-communica tions Development Authority of Singapore shall, in consultation with the Authority, assign to the Authority specific frequencies in the electroma gnetic spectrum and satellite orbits for the purpose of broadcasting having regard to the international allocation plans set by the Internationa l Telecommu nication Union as well as national requirem ents.

[41/99] (2) The Authority may re-assign to any person the frequencies in the electromagnetic spectr um and satellite orbits assigned under subsection (1) in accordance with this Act.

Separate licence for use of frequency not required 24.

Notwithstanding anything in the Telecommu nications Act (Cap.

323), if a licensee is granted a broadca sting licence under this Act and the licence include s the right for the licensee to use any specified frequency in the electro magnetic spectrum or satellite orbits for the broadcast, or the transmission of one or more broadcasting services, then the licensee shall not be required to obtain any other licence under this Act or the Telecommu nications Act in respect of the use of such frequency or satellite orbits for the period for whic h that broadcasting licence is in force and for the purposes permi tted by that licence.

[41/99] PART VII BROADCA STING CONDITIONS Transmission area requirements 25.

— (1) A broadcasting licensee shall, within such time as may be specified in its broadca sting licenc e, broadcast in such a manner as to enable its broadca sting services to be received to the satisfaction of the Broadcasting2012 Ed.

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28 20 Informal Consolidation – version in force from 31/8/2012 Authority in all parts of Singapore or such parts thereof as the Authority may specify.

(2) If the Authority so directs, a free-to-a ir licensee shall publish, in such manner as the Authority may require, notification of the commencemen t dates for broadca sting its broadcasting servic es and the areas of Singapore within which its broadcasting services may be received satisfactorily.

Sharing of facilities 26.

— (1) The Authority may direct any broadcasting licensee or broadcasting apparatus licens ee to co-ordinate and co-operate, in such manner and on such terms as the Authority may specify, with any other licensee or any other person specif ied by the Author ity in the use or sharing of any broadcasting apparatus or relat ed equipment or facility (other than a telecommu nication system lice nsed under section 5 of the Telecommunications Act (Cap.

323)) owned, operated or used by the broadcasting licensee or broadca sting apparatus licensee for the purpose of broadcasting, whether or not they have been provid ed, or are intended to be provided, by the licensee or any other licensee or any other person specified by the Authority.

[10/2005] (2) The Authority may direct any broadcasting licensee to co-ordinate and co-operate, in such manner and on such terms as the Authority may specify, with any telecommu nication licensee in the use or sharing of any installation, plant or system, or part thereof owned or used by the telecommunication licensee, where the Authority is of the view that such co-ordinati on and co-operation is necessary for the provision of any broadcasting service.

[10/2005] (3) In this section, “telecommu nication licensee ” and “telecommu nication system ” have the same meanings as in section 2 of the Telecommunic ations Act.

[10/2005] Broadcasting21 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 Inspection and testing of broadcasting apparatus 27.

— (1) The Authority or any person authorised by it in that behalf may, at any reasonable time, inspect and test any broadcasting apparatus used, or intended to be used, by a broadca sting apparatus licensee for the transmission of any broadcasting service for the purpose of ascertaining whether or not the licensee is complyin g, or will comply, at all times with the broadcast standards prescribe d by this Act or the regulatio ns, any Code of Practice and the conditions of its broadca sting apparatus licenc e in respect of the transmission of broadcasting services.

(2) For the purpose of any inspection or test under subsection (1), the directors, principal officers and other employees of a broadcasting apparatus licensee shall — ( a) make available on request to the Authority or any person authorised by the Authority for the purpose of the inspection or test and permit to be inspected and tested any part of its broadcasting apparatus used, or intended to be used, for the transmission of any broadcasting servic e;

( b) assist the Author ity or such authorised person in carrying out the inspection or test in any manner specified by it;

and ( c) answer directly and truthfully any question put to them by the Authority or such authorised person.

Provision of build ing space, etc.

, by developer or owner of building or land 28.

— (1) Whe re the Authority considers it neces sary that any licensable broadcasting service should be provided to any building and is of the opinion that any broadcasting apparatus or installatio n or plant to be used in provid ing the service has to be installed within the building or any land, the Authority may by direction require the developer or owner of the building or land to provide, within such period as may be specified in the direction, such broadcasting apparatus, installatio n or plant or space, of a standard acceptable to the Authority, within or on the buildin g or land and access thereto as the Authority may require.

Broadcasting2012 Ed.

C AP.

28 22 Informal Consolidation – version in force from 31/8/2012 (2) Where the Authority considers it necessary that the reception of any licensab le broadca sting servic e in any building in any area should be facilitated and is of the opinion that any broadcasting apparatus or installation or plant to be used in facil itating such reception has to be installed within or on any building or land in that area or any other area, the Authority may by direction require the developer or owner of the building or land to provide, within such period as may be specified in the direction, access to the buildin g or land and access to or interconnection with any broadcasting apparatus or installation or plant within or on the building or land.

(3) Any direction under subsection (1) or (2) may include — ( a) a requirement that the developer or owner of the building or land shall contribute wholly or partly to such costs and expenses incurr ed for the provision of any broadcasting apparatus, installation or plant or space under subsection (1) as the Authority may determin e;

and ( b) such other requirements as the Author ity may specify.

(4) Any person who fails to comply with any requirem ent in a direction under subsection (1) or (2) shall be guilty of an offence and shall be liable on convict ion to a fine not exceeding $10,000.

(5) Nothin g in any direction given under subsection (1) shall be construed as granting any exemption from any licensing requir ement under this Act or any other written law which the developer or the owner of any building or land may be required to comply with in respect of any broadca sting apparatus or installation or plant.

(6) In this section, “installatio n or plant ” includes all buildings , lands, structure s, machinery, equipment, cables, poles and lines used or intended for use in connection with broadca sting.

Broadcasting23 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 PART VIII FOREIGN BROADCA STING SERVICES Orders proscribing unacceptable foreign broadca sting services 29.

— (1) Subject to this section, the Minister may make an order proscribing a foreign broadca sting service for the purposes of section 30.

(2) If the Authority considers that the quality or content of any foreign broadca sting service which is brought to its attention is unacceptable and that the servic e should be the subject of an order under this section, the Authority shall notify the Mini ster the details of the service and the reasons why it considers an order under subsection (1) should be made.

(3) The Autho rity shall not consider a foreign broadcasting service to be unacceptable for the purposes of subsection (2) unless the Authority is satisfied that the content of that service included any matter which prejudic es the public interest or order, national harmony or offends against good taste or decency.

(4) In this section and section 30, “foreign broadca sting service ” means a broadcasting servic e which transmits from a place outside Singapore broadcasting services which are capable of being received in Singapore.

Offence of supporting proscribed foreign broadca sting services 30.

— (1) This sectio n shall apply to any foreign broadca sting service which is proscrib ed for the purposes of this section by virtue of an order made under section 29, and references in this section to a proscribed service are references to any such service.

(2) Any person who in Singapore does any of the following acts shall be guilty of an offence: ( a) supplying any equipment or other goods for use in connection with the operation of day-to-day running of a proscribed service;

Broadcasting2012 Ed.

C AP.

28 24 Informal Consolidation – version in force from 31/8/2012 ( b) supplying, or offering to supply, programmes to be included in any broadca sting service transmitted as part of a proscribed service;

( c) arranging for, or inviting, any other person to supply programmes to be so inclu ded;

( d) advertising, by means of programmes transmitted as part of a proscribed service, goods supplied by him or services provided by him;

( e) publishing the times or other details of any programmes which are to be transmitted as part of a proscrib ed service or (otherwise than by publishin g such details) publishing advertising matter calculated to promo te a proscribed service, whether directly or indirectly;

( f ) supplying, or offering to supply, any decoding equipment which is designed or adapted to be used prima rily for the purpose of enabling the recept ion of programmes transmitted as part of a proscrib ed service;

and ( g) promoting, financially or otherwise, a proscrib ed service.

(3) Any person who is guilty of an offence under subsecti on (2) shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) Any equipment and goods used in the commis sion of an offence under this section shall be liable to be forfeited to the Government.

(5) For the purposes of this section, a person exposing decoding equipment for supply or having such equipment in his possessio n for supply shall be deemed to offer to supply it.

PA R T I X DECLARED FOREIGN BROADCAST ING SERVICES Declared foreign broadcasting services 31.

— (1) The Minister may, by order published in the Gazette , declare any foreign broadcasting servic e rebroadcast in Singapore on Broadcasting25 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 any relevant licensab le broadca sting service to be a foreign broadcasting service engaging in the domes tic politics of Singapore.

[18/2001] (2) No person shall, without the prior approval of the Minister, include any declared foreig n broadca sting service for rebroadcast in Singapore on any relevant licensable broadca sting service.

[18/2001] (3) The Minister may — ( a) grant his approval under subsection (2) subject to such conditions as he thinks fit;

( b) refuse to grant his approv al;

or ( c) revoke his approval at any time without assigning any reason.

[18/2001] (4) Without preju dice to the generality of subsection (3), the Minister may, in imposing conditions under that subsection, specify that — ( a) the number of persons capable of receiving any declared foreign broadca sting service rebroadcast in Singapore on any relevant licensable broadca sting service shall be rest ricted in such manner as the Minister may, from time to time, direct;

and ( b) the rebroadcast of any declared foreign broadcasting service on any relevant licensable broadca sting service in Singapore shall be suspended for such period as the Minister may, from time to time, direct.

[18/2001] (5) Any person who contravenes subsect ion (2) or fails to comply with any condition imposed under subsection (3)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.

[18/2001] Broadcasting2012 Ed.

C AP.

28 26 Informal Consolidation – version in force from 31/8/2012 (6) In this section — “foreign broadcasting service ” means — ( a ) any broadca sting servic e transmitting from a place outside Singapore;

or ( b ) any broadca sting service transmitting from a place in Singapore but which is owned, controlled or managed by or on behalf of — (i) the govern ment of a country outsi de Singapore or the agent of any such govern ment, whether resident in Singapore or otherwise;

(ii) any company, association or societ y incorporated or constituted under any law in force outside Singap ore, whether or not it has a branch office or place of business in Singapore;

or (iii) any person who is not a citizen of Singapore , whethe r or not he is resident in Singapore;

“relevant licensable broadca sting service ” means a licensabl e broadcasting service specifi ed in the first column of the Third Schedule provided by a person specified adjacent thereto in the second column of that Schedule.

[18/2001] PA R T X OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES Applicatio n of this Part to broadcasting company 32.

— (1) This Par t shall apply to every broadcasting company unless exempted by the Minister under section 60(b ).

(2) In this Part — “broadcasting company ” means a company incorporated or registered under the Comp anies Act (Cap.

50) which holds a relevant licenc e, or a broadcasting holding company;

Broadcasting27 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 “broadcasting holding company ” means a holdin g company of a company incorporated or registered under the Companies Act which holds a relevant licence;

“holding company ” has the same meanin g as in section 5 of the Companies Act;

“relevant licence ” means — ( a ) any free-to-air licenc e;

or ( b ) any broadcasting licence under which a subscription broadcasting service may be provided, which permi ts broadcast which is capable of being received in 50,000 dwelling-hous es or more, but does not include any class licence;

or ( c ) such other broadca sting licenc e as the Minister may from time to time specify in the public interes t or in the interests of public security or order, or national defence.

Special features of broadcasting company 33.

— (1) No broadca sting company shall, on or after 2nd September 2002 1, appoint a person as its chief executive officer or director, or as the chairman of its board of directors, unless it has obtained the approval of the Authority.

(2) Unless the Authority otherwise approves, the chief executive officer of a broadcasting company and at least one-half of its directors shall be citiz ens of Singapore.

(3) No chief executive officer, director, or chairman of the board of directors, of a broadcasting company who was appointed before 2nd September 2002 shall be permitted by the broadca sting company to act as such on or after that date unless — ( a) his appointment as chief executive officer, director, or chairman of the board of directors, of the broadcasting 1 Date of commencement of the Singapore Broadcasting Authority (Amendment) Act 2002 (Act 19 of 2002).

Broadcasting2012 Ed.

C AP.

28 28 Informal Consolidation – version in force from 31/8/2012 company was approved by the Authority before 2nd September 2002;

or ( b) his appointment as chief executive officer, director, or chairman of the board of directors, of the broadcasting company is approv ed by the Authority on a wri tten application by the broadcasting company made within 6 months after 2nd September 2002 or such longer period as the Authority may allow.

(4) Where the Authority does not approve the appointment of a person as chief executive officer, director or chairman of the board of directors under subsection (3)( b ), the broadcasting company shall immediately remove the person from such office.

(5) Any broadca sting company whic h contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not excee ding $5,000 for every day or part thereof during which the offence continues after conviction.

(6) This section shall have effect notwithstandin g the provision s of any other written law or of the memorandum or articles of association , or other constitu tion, of a broadca sting company.

(7) In this section — “chief executive officer ”, in relation to a broadca sting company, means any person, by whatev er name described, who is — ( a ) in the direct employm ent of, or acting for or by arrangement with, the broadcasting company;

and ( b ) principally responsib le for the management and conduct of any type of business of the broadcasting company in Singap ore, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer;

Broadcasting29 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 “director ” has the same meaning as in section 4(1) of the Companies Act (Cap.

50).

Applicatio n and interp retation of this section and sections 35 to 42 34.

— (1) This section and sections 35 to 42 shall apply to, and in relation to, all individual s whether resident in Singapore or not and whether citizen s of Singapore or not, and to all bodies corporate or unincorporate, whether incorporated or carrying on business in Singapore or not.

(2) In sections 35 to 42, unless the context otherwise requires — “arrangement ” inclu des any forma l or informal scheme , arrangement or understanding, and any trust whether express or implied;

“share ” inclu des stock except wher e a distin ction between stock and shares is expressed or implied ;

“substantial shareholder ” has the same meaning as in sectio n 81 of the Comp anies Act (Cap.

50);

“voting share ” has the same meaning as in section 4(1) of the Companies Act.

Control of subst antial shareholdin gs in broadcasting companies 35.

— (1) No person shall, on or after 2nd Septe mber 20022 , become a substantial sharehold er of a broadcasting company withou t first obtaining the approval of the Mini ster.

(2) Subject to section 37(4), no person who, immediately before 2nd September 2002, is a substantial sharehold er of a broadcasting company shall continue to be a substantial shareholder unless he has, within 6 months after 2nd September 2002 or such longer period as 2 Date of commencement of the Singapore Broadcasting Authority (Amendment) Act 2002 (Act 19 of 2002).

Broadcasting2012 Ed.

C AP.

28 30 Informal Consolidation – version in force from 31/8/2012 the Minister may allow, applied to the Minister for approv al to continue to be such a sharehold er.

(3) No person shall, on or after 2nd Septe mber 2002, enter into any agreement or arrangement, whether oral or in wri ting and whether express or implied, to act together with any other person with respect to the acquisition, holding or disposal of, or the exercise of rights in relation to, their interests in voting shares of an aggregate of more than 5% of the total votes attached to all voting shares in a broadcasting company withou t first obtaining the approv al of the Minister.

[19/2002;

21/2005] (4) Subject to section 37(4), no person who, at any tim e before 2nd Septe mber 2002, has entered into any agreement or arrangement referred to in subsection (3) shall continue to be a party to such an agreement or arrangement unless he has, within 6 months after 2nd Septe mber 2002 or such longer period as the Minister may allow, applied to the Mini ster for approv al to continue to be a party to such an agreement or arrangement.

(5) For the purposes of this section, a person has an interest in any share if — ( a) he is deemed to have an interest in that share under section 7 of the Companies Act (Cap.

50);

or ( b) he otherwise has a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7 of the Companies Act.

Control of shareholdin gs and voting power in broadcastin g companies 36.

— (1) No person shall, on or after 2nd September 2002 3 , become — ( a) a 12% controlle r;

or ( b) an indirect controlle r, 3 Date of commencement of the Singapore Broadcasting Authority (Amendment) Act 2002 (Act 19 of 2002).

Broadcasting31 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 of a broadcasting company without first obtaining the approval of the Minister.

(2) Subject to section 37(4), no person who, immediately before 2nd September 2002, is — ( a) a 12% controlle r;

or ( b) an indirect controlle r, of a broadca sting company shall continue to be such a controller unless he has, within 6 months after 2nd September 2002 or such longer period as the Minister may allow, applied to the Minister for approval to continue to be such a controller.

(3) In subsections (1)( a ) and (2)( a ), “12% controlle r ” means a person who alone or together with his associate s — ( a) holds not less than 12% of the shares in the broadca sting company;

or ( b) is in a position to control voting power of not less than 12% in the broadcasting company.

(4) For the purposes of subsection (3) — ( a) a person holds a share if — (i) he is deemed to have an interest in that share under section 7(6) to (10) of the Companies Act (Cap.

50);

or (ii) he otherwise has a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7(6) to (10) of the Companies Act;

( b) a reference to the control of a percentage of the voting power in a broadcasting company is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the broadcasting company;

and Broadcasting2012 Ed.

C AP.

28 32 Informal Consolidation – version in force from 31/8/2012 ( c) a person, A, is an associate of another person, B ,if — (i) A is the spouse or a parent, step-parent or remot er lineal ances tor, or a son, step-son, daughter, step-daughter or remoter issue, or a brother or sister, of B ;

(ii) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance wi th the directions, instruction s or wishes of B, or where B is a corporat ion, of the directors of B ;

(iii) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance wi th the directions, instruction s or wishes of A, or where A is a corporat ion, of the directors of A ;

(iv) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B ;

(v) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A ;

(vi) A is a related corporation of B;

(vii) A is a corporat ion in which B, alone or together with other associate s of B as described in sub ‑ paragraphs (ii) to (vi), is in a position to control not less than 20% of the voting power in A;

(viii) B is a corporat ion in which A, alone or together with other associate s of A as described in sub ‑ paragraphs (ii) to (vi), is in a position to control not less than 20% of the voting power in B;

or (ix) A is a person with whom B has an agreement or arrangement, whet her oral or in writing and whether express or implied, to act together with respect to the Broadcasting33 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 acquisition, holding or disposal of shares or other interests in, or with respect to the exercise of their voting power in relation to, the broadcasting company.

(5) In subsecti ons (1)( b) and (2)( b), “indirect controlle r ” means any person, whether acting alone or together with any other person and whether with or without holding shares or controlling voting power in a broadca sting company — ( a) in accordance with whose directions, instruction s or wishes the directors of the broadcasting company are accustomed or under an obligation, whether formal or informal, to act;

or ( b) who is in a positi on to determine the policy of the broadcasting company, but does not include any person — (i) who is a director or other officer of the broadca sting company whose appointment has been approved by the Authority;

or (ii) in accordance with whose directions, instruction s or wishes the directors of the broadcasting company are acc ustomed to act by reason only that they act on advice given by the person in his professional capac ity.

Approval of applications 37.

— (1) The Minister may, in his discretion, approve an application made by any person under section 35 or 36 if the Mini ster is satisfied that — ( a) the person is a fit and proper person;

( b) having regard to the person’s likely influence, the broadcasting company will or will continue to conduct its business pruden tly and comply with the provision s of this Act;

and ( c) it is in the national interest to do so.

Broadcasting2012 Ed.

C AP.

28 34 Informal Consolidation – version in force from 31/8/2012 (2) Any approv al under this section may be granted to any person subject to such conditions as the Minister may determine, including but not limited to any condition — ( a) restricting the person ’s disposal or further acquisition of shares or voting power in the broadcasting company;

or ( b) restricting the person ’s exercise of voting power in the broadcasting company.

(3) Any condition imposed under subsect ion (2) shall have effect notwithstandin g any of the provisions of the Comp anies Act (Cap.

50) or anything contained in the memorandum or articles of association, or other constitu tion, of the broadca sting company.

(4) Where the Minister does not approve an application made by any person under section 35(2) or (4) or 36(2), the person shall, within such tim e as the Minister may specify, take such steps as are necessary — ( a) in the case of section 35(2), to cease to be a substantial shareholder;

( b) in the case of section 35(4), to cease to be a party to the agreement or arrangement;

or ( c) in the case of section 36(2), to cea se to be — (i) a 12% controller;

or (ii) an indirect controlle r, as the case may be.

Power to mak e further transitional provisi ons 38.

The Minister may, by order published in the Gazette, make such further transitional provisions as he considers necessary or expedient for the purposes of section 35, 36 or 37.

Broadcasting35 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 Objection to existing control of broadc asting company 39.

— (1) The Mini ster may serve a written notice of objection on any person referred to in section 35 or 36 if the Mini ster is satisfied that — ( a) any condition of approval impose d on the person under section 37(2) has not been complied with;

( b) the person ceases to be a fit and proper person;

( c) having regard to the person’s likely influence, the broadcasting company is no longer likely to conduct its business prudently or to comply with the provision s of this Act;

( d) it is no longer in the national interes t to allow the person to continue to be a party to the agreement or arrangement described in sectio n 35(3) or (4), or to continue to be a substantial shareholder, a 12% controlle r or an indirect controller, as the case may be;

( e) the person has furnished false or mislea ding informati on or documents in connection with an application under section 35 or 36;

or ( f ) he would not have granted his approval under section 37 had he been aware, at that time, of the circumst ances relevant to the person ’s application for such approval.

(2) Before the service of a written notice of objection, the Minister shall, unless he decides that it is not practicable or desirable to do so, cause to be given to the person concerned notice in writing of his intention to serve the written notice of objection, specifying a date by which the person may make wri tten repres entations with regard to the proposed written notice of objectio n.

(3) Upon receipt of the written represent ations of any person referred to in subsection (2), the Minister shall consider the written representations for the purpose of determining whet her to issue a written notice of objection.

Broadcasting2012 Ed.

C AP.

28 36 Informal Consolidation – version in force from 31/8/2012 (4) The Minister shall, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection shall — ( a) take such steps as are necessary to ensure that he cea ses to be a party to the agreement or arrangement described in section 35(3) or (4), or ceases to be a substantial shareholder, a 12% controller or an indire ct controller, as the case may be;

or ( b) comply with such direction or rest riction as the Mini ster may make under section 40.

(5) Any person served with a written notice of objectio n under this section shall comply with the notice.

Power to mak e directions 40.

— (1) Without prejudice to sectio n 41, if the Minister is satisfied that any person has contravened section 35, 36, 37(4) or 39(5) or any condition imposed under section 37(2), or if the Minister has served a written notice of objection under section 39, the Minister may, by notice in writing — ( a) direct the transfer or disposal of all or any of the shares in the broadcasting company held by the person or any of his associates (refer red to in this section as the specified shares) within such time and subject to such conditions as the Minister considers appropriate;

( b) restrict the transfer or disposal of the specifi ed shares;

or ( c) make such other direction or restriction as the Minister considers appropriate.

(2) Any person to whom a notice is served under subsec tion (1) shall comply with such direction or restr iction as may be specified in the notice.

(3) In the case of any direction or restr iction made under subsection (1)( a )or ( b), notwithsta nding any of the provisions of Broadcasting37 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 the Companies Act (Cap.

50) or anything contained in the memorandum or articles of association, or other constitution, of the broadcasting company — ( a) no voting rights shall be exercisable in respect of the specified shares unless the Minister expressly permits such rights to be exercised;

( b) no shares of the broadcasting company shall be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specifi ed shares unless the Minister expressly permits such issue or offer;

and ( c) except in a liquidation of the broadcasting company, no payment shall be made by the broadca sting company of any amount (whet her by way of dividends or otherwise) in respect of the specifi ed shares unless the Minister expressly authorises such payment, until a transfer or dispos al is effected in accordance with the direction or until the restri ction on a transfer or disposal is removed, as the case may be.

(4) In this section, “associate ” has the same meaning as in section 36(4)( c).

Offences, penaltie s and defences 41.

— (1) Any person who contrav enes section 35, 36(1)( a) or (2)( a ) or 37(4)( a ), ( b)or( c)(i) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.

(2) Any person who contravenes section 36(1)( b) or (2)( b ), 37(4)( c )(ii), 39(5) or 40(2) or any condition imposed under section 37(2) shall be guilty of an offence and shall be liable on conviction to a fine not excee ding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing Broadcasting2012 Ed.

C AP.

28 38 Informal Consolidation – version in force from 31/8/2012 offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.

(3) Where a person is charged with an offence in respect of a contravention of section 35 or 36, it shall be a defence for the person to prove that — ( a) he was not aware that he had contravened section 35 or 36, as the case may be;

and ( b) he has, within 14 days of becoming aware that he had contravened section 35 or 36, as the case may be, notified the Minister of the contravention and, within such time as may be determin ed by the Minister, taken such actions in relati on to his shareholding or control of the voting power in the broadcasting company as the Minister may direct.

(4) Where a person is charged with an offence in respect of a contravention of section 36(1), it shall also be a defence for the person to prove that, even though he was aware of the contravention — ( a) the contravention occur red as a result of an increase in the shareholding as described in sectio n 36(4)( a ) of, or in the voting power controlled by, any of his associate s described in section 36(4)( c)(i);

( b) he has no agreement or arrangement, whet her oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of shares or other interests in, or under which they act togethe r in exercising their voting power in relat ion to, the broadcasting company;

and ( c) he has, within 14 days of the date of the contravention, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such action in relation to his shareholding or control of the voting power in the broadcasting company as the Minister may direct.

(5) Except as provided in subsecti ons (3) and (4), it shall not be a defence for a person charged with an offence in respect of a Broadcasting39 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 contravention of sectio n 35 or 36 to prove that he did not intend to or did not knowingly contravene section 35 or 36, as the case may be.

Power to obta in informatio n 42.

— (1) The Authority may, by notice in writing, direct any broadcasting company to obtain from any of its shareholders and to transmit to the Author ity informati on — ( a) as to whether that shareholder holds any share in the broadcasting company as beneficial owner or as trustee ;

and ( b) if the shareholder holds the share as trustee, to indicate, so far as he can, the person for whom he holds the share (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his interes t, and the broadcasting company shall comply with that direction within such time as may be specified in the notice.

(2) The Authority may, by notice in writing, require any sharehold er of a broadca sting company, or any person who appears from the information provided to the Autho rity under subsection (1) or this subsection to have an interest in any share in a broadcasting company, to inform the Authority — ( a) whether he holds that interes t as beneficial owner or as trustee, and if he holds the interest as trustee, to indicate, so far as he can, the person for whom he holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his interes t;

or ( b) whether any share or any voting right attach ed to the share is the subject of an agreement or arrangement described in section 35(3) or (4) or 36(4)( c)(ix), and if so, to give particulars of the agreement or arrangement and the parties to it, and the person shall comply with that notic e within such time as may be specified therein.

Broadcasting2012 Ed.

C AP.

28 40 Informal Consolidation – version in force from 31/8/2012 (3) Any person who — ( a) fails to comply with a notice under this section;

or ( b) in purported compliance of the notice, knowingly or recklessly makes a statem ent which is false in a material particular, shall be guilty of an offence and shall be liable on convict ion to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuin g offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.

Funds from foreign source for purposes of certain broadcastin g service 43.

— (1) Subject to this section, no person shall, withou t the prior consent of the Author ity, receive any fund from any foreign source for the purposes of financing, directly or indirectly, wholly or in part, any broadcasting service owned or opera ted by any broadca sting company.

(2) The Authority may grant its consent under subsection (1) if it is satisfied, on such information as it may requir e to be furnishe d to it, that the fund from a foreign source is intended for bona fide commercial purposes.

(3) Notwithstanding subsection (1) where any fund from a foreign source is sent to a person without his prior knowledge, consent or solicitation and the fund is intended for or given by the sender for any purpose referred to in that subsection, that person shall, wi thin 7 days of the receipt thereof, report to the Autho rity the circumstances and particulars of the receipt of the fund and the purpose for which the fund was received.

(4) Where any fund from a foreign source has been received by a person for any purpose referred to in subsection (1) and the Authority refuses to grant its consent for the retention of the fund, the person shall, within such time as is specified by the Authority, return the fund to the sender thereof or, if the sender cannot be traced, donate the fund to any charity specified by the Authority.

Broadcasting41 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 (5) Any employee of a broadcasting company who, having received any fund from a foreign source for the broadcasting of any item or programme or for adopting a particular line or bias in respect of any item or programm e, fails to report in writing, within 7 days of the receipt of the fund, to the chief executive of the company shall be guilty of an offence and shall be liable on conviction to the same penalty prescribed by subsection (8).

(6) For the purposes of subsection (5), any fund received from outside Singapore by an employee shall, until the contrary is proved , be presumed to be from a foreign source.

(7) Nothin g in this section shall apply to any dealing by any person in the shares of a broadcasting company quoted on a stock exchange in Singapore.

(8) Any person who contravenes subsect ion (1), (3) or (4) shall be guilty of an offence and shall be liable on convict ion to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both, and the court may, in addition to any other penalty that it may impose, order the forfeiture to the Authority of any fund which is the subject of the charge.

(9) In this section and section 44 — “foreign source ” inclu des — ( a ) the government of a country outside Singapore or the agent of any such government, whethe r resident in Singapore or otherwise;

( b ) any company, associati on or socie ty incorporated or constituted under any law in force outside Singapore , whether or not it has a branch office or place of business in Singapore;

( c ) any person who is not a citizen of Singapore, whether or not he is resident in Singapore ;

( d ) any — (i) body corporate formed or incorporate d in Singap ore, one or more of whose members or Broadcasting2012 Ed.

C AP.

28 42 Informal Consolidation – version in force from 31/8/2012 directors are not citizens of Singap ore, or in the case of a member being another company, where one or more of the members or directors of such company are not citizens of Singapore;

or (ii) unincorpora ted associati on or body constituted under any law in force in Singapore, one or more of whose members or directors are not citizens of Singap ore, or in the case of a member being another company, where one or more of the member s or directors of such company are not citizen s of Singap ore, as the Minister may, by notification in the Gazette , declare to be a foreig n source;

or ( e ) such other source outside Singapore as the Minister may, by notification in the Gazette, declare to be a foreign source;

“fund ” means money, securities, movable or immovable property or other valuable consideration;

“fund from a foreign source ”, with its grammatical variations, includes any fund provid ed by a foreign source indire ctly through any agent of the foreign source.

Broadcasting company owned by foreign source 44.

— (1) No company shall, unless the Minister otherwise approves, be granted or hold a relevant licence if the Minister is satisfied that — ( a) any foreign source, alone or together with one or more other foreign sources — (i) holds not less than 49% of the shares in the company or its holding company;

or (ii) is in a position to control voting power of not less than 49% in the company or its holding company;

or Broadcasting43 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 ( b) all or a majority of the persons having the direction, control or management of the company or its holding company are — (i) appointed by;

or (ii) accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of, any foreign source, whether acting alone or together with one or more other foreign sources.

(2) Where the Minister does not grant his approval under subsection (1) for a company to hold a relevant licence (whether such licence is granted before, on or after 2nd September 2002 4 ), the Authority shall, within such time and in such manner as the Minister may specify, cancel the licence by notice in writing and withou t any compensatio n.

(3) For the purposes of this section — ( a) a person holds a share if — (i) he is deemed to have an interest in that share under section 7(6) to (10) of the Companies Act (Cap.

50);

or (ii) he otherwise has a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7(6) to (10) of the Companies Act;

( b) a reference to the control of a percentage of the voting power in a broadcasting company is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the broadcasting company.

4 Date of commencement of the Singapore Broadcasting Authority (Amendment) Act 2002 (Act 19 of 2002).

Broadcasting2012 Ed.

C AP.

28 44 Informal Consolidation – version in force from 31/8/2012 Appeal under this Part 45.

Any person aggrieved by any refusal of the Authority to grant its approval or consent under any provision of this Par t may appe al to the Minister whose decision shall be final.

PA R T X I OFFENCES AND PENALTIES Offences relating to licensable broadcasting services 46.

Any person who contrav enes section 8(1) shall be guilty of an offence and shall be liable on convicti on to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part thereof during whic h the offence continues after conviction.

Offences relating to installation, sale, import or possession of broadcasting apparatus 47.

Any person who contravenes section 20(1)( a ), ( b )or ( c) shall be guilty of an offence and shall be liable on convict ion to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both, and any broadcasting apparatus installed or found in the possessio n of the person so convict ed shall be forfeited to the Authority.

Offences relating to unauthorise d decoders and unauthorised reception of encrypted program mes 48.

— (1) No person shall manufacture, assemble, modify, import, export, sell, offer for sale, let for hire or otherwise distribute any decoder which he knows is an unauthorised decoder.

[55/2004] (2) No person shall wilfully receive or rebroadcas t any encrypted programme which has been decoded without the authorisation of the lawful provider of a broadcasting service who had broadcast the programme.

[55/2004] Broadcasting45 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 (3) Any person who contrav enes subsecti on (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both, and any unautho rised deco der shall be forfeited to the Authority.

[55/2004] (4) Where it is proved that a person has manufactured, assembl ed, modified, imported, exported, sold, offered for sale, let for hire or otherwise distributed any unauthorised decoder, it shall be presum ed, unless there is evidence to the contrary, that the person knew that the decoder was an unauthorised decoder.

[55/2004] (5) In this section and section 48A — “decoder ” means any apparatus or device (including a computer program) or any component or part thereof which is designed or adapted to enable (whether on its own or with any other apparatus or device) an encrypted programm e to be decoded;

“lawful provider ”, in relation to a broadca sting servic e, means — ( a ) a person who holds a broadca sting licence;

or ( b ) in the case of a broadcasting servic e transmitte d from a place outside Singapore, the person who is authorised to provide the broadcasting service in acc ordance with the laws of that place;

“unauthorised decoder ” means a decoder which is designed or adapted to enable an encrypted programme to be viewed in decoded form without the authorisation of the lawful provid er of a broadcasting service who had broadcast the programme.

[55/2004] Civil action in relation to unauthorise d decoders and decoded programmes 48A.

— (1) Wher e — ( a) a person does an act referred to in section 48(1) in relat ion to an unauthorised decoder;

( b) the unauthorised decoder is used to decode an encrypted programme;

and Broadcasting2012 Ed.

C AP.

28 46 Informal Consolidation – version in force from 31/8/2012 ( c) the lawful provider of a broadcasting service who had broadcast the encrypted programme or the owner of the copyright in the programme has thereby suffered any loss or damage, the lawful provider of the broadcasting service or the owner of the copyright in the programm e, as the case may be, may bring a civil action against the person referred to in paragraph ( a ).

[55/2004] (2) Where — ( a) a person does an act referred to in section 48(2) in relat ion to an encry pted programme that has been decoded without the authorisation of the lawful provider of a broadcasting service who had broadcast the programm e;

and ( b) the lawful provider of the broadca sting service or the owner of the copyright in the programm e has thereby suffered any loss or damage, the lawful provider of the broadcasting service or the owner of the copyright in the programm e, as the case may be, may bring a civil action against the person referred to in paragraph ( a ).

[55/2004] (3) An action shall not be brought under subsection (1) or (2) after the expiration of 6 years from the time the relevant act under section 48(1) or (2), as the case may be, took place.

[55/2004] Offence of hindering employee or agent of Authority 49.

Any person who obstructs or hinders any employee or agent of the Author ity acting in the discharge of his duty under this Act shall be guilty of an offence and shall be liable on convict ion to a fine not exceeding $5,000.

Power of Authority to requisition informatio n 50.

— (1) The Authority or any person authorised by the Authority in that beha lf may by notice require any person to furnish the Authority or the person so authorised, within such period as shall be specified in the notic e, with all such documents or information relating to all such Broadcasting47 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 matters as may be required by the Authority for the purposes of this Act and as are within the knowledge of that person or in his custody or under his control.

(2) Any person who, on being required by any notice under subsection (1) to furnish any document or informati on, fails to comply with any requirem ent of the notice shall be guilty of an offence.

(3) Any person who — ( a) intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (1) to furnish;

or ( b) in furnishing any estima te, return or other information required of him under any notice under subsection (1), makes any stat ement which he knows to be false in a material particular, or reckle ssly makes any statement which is false in a material particular, shall be guilty of an offence.

(4) Any person guilty of an offence under subsecti on (2) or (3) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Power of police officer and other authorised persons against unlicensed broadcas ting service or apparatus 51.

— (1) Any police officer or any employee authorised by the Authority may, if he has reasonable grounds for believing that — ( a) a broadca sting service has been or is being provided in contraventi on of this Act;

( b) a broadca sting service has been or is being provided in breach of any licence;

or ( c) any broadcasting apparatus used is not licens ed by the Authority, enter and inspect any premises and seize any broadca sting apparatus found therein which appears to be used for or in connection with broadcasting.

Broadcasting2012 Ed.

C AP.

28 48 Informal Consolidation – version in force from 31/8/2012 (2) If there is no prosecutio n with regard to any broadcasting apparatus seized under this sectio n, such broadcasting appar atus shall be taken and deemed to be forfeited to the Authority unless a claim is made within 2 months from the date of seizure.

(3) Any person asserting that he is the owner of any broadcasting apparatus so seized may personally or by his authorised agent give written notice to the Authority that he claims the same.

(4) On receipt of the notice, the Autho rity may direct that the broadcasting apparatus be release d or may refer the matter to a District Court or a Magistra te’s Court.

(5) The District Court or the Magistra te’s Court may proce ed to the examinatio n of the matter and upon examinatio n shall order that the broadcasting appar atus be forfeited or released.

Power of arrest and search 52.

— (1) The chief executive or any employee of the Authority authorised by him to act under this section may arrest without warrant — ( a) any person found committing or attempting to commit or employing or aidin g any person to commit an arrestable offence under this Act;

or ( b) any person against whom a reasonable suspicion exists that he has been guilty of an arrestable offence under this Act, and may search any person so arrested, except that no female shall be searched except by a female.

(2) Every person so arrested shall, together with any artic le as to which an offence may have been committ ed or attempted to be committed, be taken to a police stat ion.

(3) For the purposes of this section, offences punishable under sections 30, 46, 47 and 48 shall be deemed to be arrestable offences within the meaning of the Criminal Procedure Code (Cap.

68).

Broadcasting49 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 No ent itlement to costs or damages 53.

No person shall, in any proceedings before any court in respect of any apparatus, equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the apparatus, equipment, articl e, book or document or the payment of their value unless the seizure was made wi thout reasonable or probab le cause.

Offence against other laws 54.

Nothing in this Act shall prevent any person from being prosecuted under any other written law for any act or omission which constitutes an offence under that law, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act, but no person shall be punished twice for the same offence.

Conduct of proceedings by officer s 55.

Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be condu cted by an officer of the Authority or an officer of the Government authorised in writing in that behalf by the chief executive.

[15/2010] Corporate offenders and unincorporate d associations 56.

— (1) Whe re an offence under this Act committ ed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of the body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporat e.

Broadcasting2012 Ed.

C AP.

28 50 Informal Consolidation – version in force from 31/8/2012 (3) Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relati ng to service of documents shall have effect as if the association were a corporation.

(4) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished according ly.

(5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the associati on shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(6) Without prejudice to the generality of section 66, the Authority may make regulations to provide for the application of any provision of this section, with such modifica tions as the Author ity considers appropriate, to a body corporate or an unincorpora ted associati on formed or recog nised under the law of a country or territory outside Singapore.

(7) In this section — “officer ”— ( a ) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity;

or ( b ) in relation to an unincorp orated association (other than a partnership), means the president, the secretary and Broadcasting51 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 members of the committee of the unincorpora ted association and includes persons holding positions analogous to those of president, secretary or member of such a committee;

“partner ” includes a person purporting to act as a partner.

Composition of offenc es 57.

— (1) The Autho rity may, in its discretion, compound any offence under this Act which is prescri bed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000.

(2) The Authority may, with the approv al of the Minister, make regulations prescri bing the offences which may be compound ed.

(3) All sums collected under this section shall be paid to the Authority.

Jurisdiction of court 58.

Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap.

68), a District Court and a Magistrate ’s Court shall have jurisd iction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.

PART XII MISCEL LANEOUS PROVISIONS Appeal to Minister 59.

— (1) Any licensee aggrieved by — ( a) any decision of the Authority in the exercise of any discretion vested in it by or under this Act;

or ( b) anything contained in any Code of Practice or direction issued by the Authority, Broadcasting2012 Ed.

C AP.

28 52 Informal Consolidation – version in force from 31/8/2012 may appeal to the Minister.

(2) Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or other thing appealed against shall be complied with until the determin ation of the appeal.

(3) The Minister may determine an appe al under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any Code of Practice.

(4) The decision of the Minister in any appeal shall be final.

Exemption 60.

The Minister may, subject to such terms and condition s as he may impose, by order published in the Gazette, exempt — ( a) any class or description of shares or interes ts in shares from section 35 or 36 or both;

and ( b) any person or class of persons from all or any of the provisions of this Act or any subsidiary legislation made thereunder.

Equipment of licensee not subject to distress, etc.

61.

— (1) No equipment or related facility of a licensee used for providing, transmitti ng or delivering licensable broadca sting services shall be subject to distres s or be liable to be taken in execution under any process of a court in any bankru ptcy or insolvency proceedings by any person withou t the prior approv al of the Mini ster in writing.

(2) This section shall not apply to any class licensee.

Internationa l dealings of Authority 62.

For the purposes of the conduct of any international broadcast and subject to this Act, the Authority may enter into direct communication, arrangement and agreement with the lawfully constituted broadca sting authority of any country or with any duly authorised international agency or organisation concerned with broadcasting, as the case may be, for — Broadcasting53 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 ( a) the purpose of providing facilities, fixing rates, arranging terms of payment or accounting;

( b) operational, engineering or administrative purposes;

or ( c) any other purpose necessary for the proper fulfilment of its functions under this Act.

Governmen t ’s right to determine international relations 63.

— (1) Nothin g in sectio n 62 shall be deemed to abrogate the right of the Government at any time to determine its relati ons with any country or with any international agency or organisation.

(2) The Author ity and each broadca sting licens ee shall so discharge their responsibilities and conduct their business as to comply with and fulfil all internation al agreements, conventions or undertakings relating to broadcasting to which Singapore is a party.

Service of notice, etc.

64.

— (1) Unle ss other wise expressly provided in this Act, any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act may be served on the person concerned — ( a) by delivering it to the person or to some adult membe r or employee of his family at his last known place of residence;

( b) by leaving it at his usual or last known place of residence or business in a cover addressed to him;

( c) by affixing it to some conspicuous part of his last known place of residenc e;

( d) by sending it by registered post addressed to the person at his usual or last known place of residence or busine ss;

or ( e) where the person is a body corporate — (i) by deliverin g it to the secretary or other like officer of the body corporate at its registered or principa l office;

or Broadcasting2012 Ed.

C AP.

28 54 Informal Consolidation – version in force from 31/8/2012 (ii) by sendin g it by registered post addre ssed to the body corporate at its registered or principal office.

(2) Any notice, order, document or summons sent by register ed post to any person in accordance with subsection (1) shall be deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and in proving service of the same it shall be sufficient to prove that the envelope containing the notice, order, document or summons was properly addre ssed, stamped and posted by registered post.

Amendment of First, Se cond and Third Schedules 65.

— (1) The Minister may, by notification in the Gazette, at any time amend the First, Second or Third Schedule.

[18/2001] (2) The Minister may, in any notification made under subsection (1), make such incidental, conseque ntial or supple mentary provisions as may be necessary or expedient.

Regulations 66.

The Authority may, with the approval of the Minister, make regulations — ( a) required or permitted to be prescr ibed by this Act;

and ( b) necessary or convenient to be prescribed for carrying out or giving effect to the purposes of this Act.

References in other written laws and documents 67.

Insofar as it is necessary for preserving the effect of any written law or document on or after 1st January 2003 5 — ( a) a reference therein to the Singapore Broadcasting Authority Act (Cap.

297, 1995 Ed.

) shall be read as a reference to the Broadcasting Act;

and 5 Date of commencement of the Media Development Authority of Singapore Act 2002 (Act 34 of 2002).

Broadcasting55 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 ( b) a reference to the Singapore Broadcasting Authority shall be read as a reference to the Media Development Autho rity of Singapore.

[34/2002] Transitional and savings provisions 68.

— (1) All acts done by the Singap ore Broadcasting Authority before 1st January 2003 5 shall continue to remain valid and applicable as though done by the Authority, until such tim e as invalidated , revoked, cancelled or otherwise determined by the Authority.

[34/2002] (2) Any decision, document, licence, consent, approval or authorisation prepa red, made, issued or granted by the Singap ore Broadcasting Authority under the Singapore Broadcasting Authority Act (Cap.

297, 1995 Ed.

) before 1st January 2003 shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to be a decision, document, licence, consent, approval or authorisation prepared, made, issued or granted by the Authority.

[34/2002] (3) Where anything has been commenced by or on behalf of the Singapore Broadcasting Authority before 1st January 2003, such thing may be carried on and completed by or under the authority of the Authority.

[34/2002] (4) Notwithstanding the repeal of Par t XI of the Singap ore Broadcasting Autho rity Act, as from 1st January 2003, sections 49 to 53 of that Act shall continue in force and to apply to the broadcasting successor companies mentioned in those sections as if that Part has not been repealed.

[34/2002] (5) In this section, “broadcasting successor companies ” means companies nominated by the Minister for the purposes of the repealed section 49 of the Singap ore Broadcasting Author ity Act.

5 Date of commencement of the Media Development Authority of Singapore Act 2002 (Act 34 of 2002).

Broadcasting2012 Ed.

C AP.

28 56 Informal Consolidation – version in force from 31/8/2012 FIRST SCHEDULE Section 2(1) BROADCASTING APPARATUS 1.

Television receive-only satellite receiving system (TVRO system).

In this Schedule, “ television receive-only satellite receiving system ” means any apparatus (including a dish antenna) or any combination of apparatus capable of direct reception of any broadcasting service emitted from or passing through any communication or broadcast satellite in extra‑ terrestrial space.

[S 549/2012 wef 01/01/2011] SECOND SCHEDULE Section 2(1) LICENSABLE B ROADCASTING SERVICES 1.

Free-to-air nationwide television services.

2.

Free-to-air localised television services.

3.

Free-to-air international television services.

4.

Subscription nationwide television services.

5.

Subscription localised television services.

6.

Subscription international television services.

7.

Special interest television services.

8.

Free-to-air nationwide radio services.

9.

Free-to-air localised radio services.

10.

Free-to-air international radio services.

11.

Subscription nationwide radio services.

12.

Subscription localised radio services.

13.

Subscription international radio services.

14.

Special interest radio services.

15.

Audiotext services.

16.

Videotext services.

17.

Teletext services.

18.

Video-on-demand services.

19.

Broadcast data services.

Broadcasting57 C AP.

28 2012 Ed.

Informal Consolidation – version in force from 31/8/2012 SECOND SCHEDULE — continued 20.

Computer on-line services.

For the purposes of this Schedule, a delivery system shall not, by reason only that facilities or expertise are provided for the delivery of any broadcasting service, be deemed to be a licensable broadcasting service.

[S 308/96] THIRD SCHEDUL E Section 31(6) RELEVANT LICENSABLE BROADCASTING SERVICE First column Second column Licensable broadcasting service Provider 1.

Subscription nationwide television service (a) StarHub Cable Vision Ltd.

(b) SingNet Pte.

Ltd.

[S 559/2010] Broadcasting2012 Ed.

C AP.

28 58 Informal Consolidation – version in force from 31/8/2012 LEGISLATIVE HISTORY BROADCASTING ACT (CHAPTER 28) This Legislative History is provided for the convenience of users of the Broadcasting Act.

It is not part of the Act.

1.

Act 15 of 1994 — Singapore Broadcasting Authority Act 1994 Date of First Reading : 25 July 1994 (Bill No.

20/94 published on 29 July 1994) Date of Second and Third Readings : 26 A ugust 1994 Date of commencement : 1 October 1994 2.

1995 Revised Edition — Singapore Broadcasting Authority Act (Chapter 297) Date of operation : 15 M arch 1995 3.

G.

N.

No.

S 308/1996 — Singapore B roadcasting Authority Act (Amendment of Second Schedule) Notification 1996 Date of commencement : 15 July 1996 4.

Act 41 of 1999 — Info-communications Development Authority of Singapore Act 1999 (Consequential amendments made to Act by) Date of First Reading : 11 O ctober 1999 (Bill No.

36/99 published on 12 October 1999) Date of Second and Third Readings : 23 N ovember 1999 Date of commencement : 1 December 1999 5.

Act 18 of 2001 — Singapore Broadcasting Authority (Amendment) Act 2001 Date of First Reading : 15 M arch 2001 (Bill No.

19/2001 published on 16 March 2001) Date of Second and Third Readings : 19 A pril 2001 Date of commencement : 21 M ay 2001 Informal Consolidation – version in force from 31/8/2012 6.

Act 42 of 2001 — Securities and Futures Act 2001 (Consequential amendments made to Act by) Date of First Reading : 25 September 2001 (Bill No.

33/2001 published on 26 September 2001) Date of Second and Third Readings : 5 October 2001 Date of commencement : 1 July 2002 (Item (12) of the Fourth Schedule – Amendment of Singapore Broadcasting Authority Act) 7.

Act 5 of 2002 — Statutory Corporations (Capital Contribution) Act 2002 (Consequential amendments made to Act by) Date of First Reading : 3 May 2002 (Bill No.

7/2002 published on 4 M ay 2002) Date of Second and Third Readings : 24 M ay 2002 Date of commencement : 15 July 2002 (except item (18) of Schedule) 8.

Act 19 of 2002 — Singapore Broadcasting Authority (Amendment) Act 2002 Date of First Reading : 23 M ay 2002 (Bill No.

19/2002 published on 24 May 2002) Date of Second and Third Readings : 8 July 2002 Date of commencement : 2 September 2002 9.

Act 34 of 2002 — Media Development Authority of Singapore Act 2002 (Consequential amendments made to Act by) Date of First Reading : 1 October 2002 (Bill No.

37/2002 published on 2 O ctober 2002) Date of Second and Third Readings : 31 O ctober 2002 Date of commencement : 1 January 2003 10.

2003 Revised Edition — Broadcasting Act (Chapter 28) Date of operation : 31 July 2003 ii Informal Consolidation – version in force from 31/8/2012 11.

A ct 55 of 2004 — Broadcasting (Amendment) Act 2004 Date of First Reading : 19 O ctober 2004 (Bill No.

50/2004 published on 17 December 2004) Date of Second and Third Readings : 16 N ovember 2004 Date of commencement : 1 January 2005 12.

Act 10 of 2005 — Telecommunications (Amendment) Act 2005 Date of First Reading : 24 N ovember 2004 (Bill No.

67/2004 published on 25 November 2005) Date of Second and Third Readings : 25 January 2005 Date of commencement : 16 February 2005 (except sections 10 and 11) 13.

Act 21 of 2005 — Companies (Amendment) Act 2005 Date of First Reading : 18 A pril 2005 (Bill No.

11/2005 published on 19 April 2005) Date of Second and Third Readings : 16 M ay 2005 Date of commencement : 30 January 2006 14.

G.

N.

No.

S 559/2010 — Broadcasting Act (Amendment of Third Schedule) Notification 2010 Date of commencement : 1 October 2010 15.

G.

N.

No.

S 549/2012 — Broadcasting Act (Amendment of First Schedule) Notification 2012 Date of commencement : 1 January 2011 16.

Act 15 of 2010 — Criminal Procedure Code 2010 Date of First Reading : 26 A pril 2010 (Bill No.

11/2010) published on 26 April 2010) Date of Second and Third Reading : 19 M ay 2010 Date of commencement : 2 January 2011 17.

2012 Revised Edition — Broadcasting Act (Chapter 28) Date of operation : 31 A ugust 2012 iii Informal Consolidation – version in force from 31/8/2012 COMPARATIVE TABLE BROADCASTING ACT (CHAPTER 28) (Formerly known as the Singapore Broadcasing Authority Act (Cap.

297, 1995 Ed.

)) The following provisions in the 1995 Revised Edition of the Singapore Broadcasting Authority Act w ere renumbered by the Law Revision Commissioners in the 2003 Revised Edition.

This Comparative Table is provided for the convenience of users.

It is not part of the Broadcasting Act.

2003 Ed.

1995 Ed.

— PA R T I I — ESTABLISHMENT AND CONSTITUTION OF SINGAPORE BROADCASTING AUTHORITY (section 3-5) ( Repealed by Act 34/2002) PA R T I I – PROVISIONS RELATING TO AUTHORITY PA RT III – PROVISIONS RELATING TO AUTHORITY — 6 and 7 (Repealed by Act 34/2002 ) 38 — 9- 15 ( Repealed by Act 34/2002 ) 416 PA RT III — LICENSING SCHEME PA RT IV — LICENSING SCHEME 517 618 719 PA R T I V — BROADCASTING SERVICES PA R T V — BROADCASTING SERVICES 820 921 10 22 11 2 3 12 24 Informal Consolidation – version in force from 31/8/2012 2003 Ed.

1995 Ed.

13 25 14 26 15 27 16 28 17 29 18 30 19 31 PA R T V — BROADCASTING APPARATUS PA R T V I — BROADCASTING APPA RATUS 20 32 21 33 PA R T V I — FREQUENCY PLANNING PA R T V I I — FREQUENCY PLANNING 22 34 23 35 24 36 PA R T V I I — BROADCASTING CONDITIONS PA RT VIII — BROADCASTING CONDITIONS 25 37 26 38 27 39 28 40 PA RT VIII — FOREIGN BROADCASTING SERVICES PA R T I X — FOREIGN BROADCASTING SERVICES 29 41 30 42 PA R T I X — DECLARED FOREIGN BROADCASTING SERVICES PART IXA — DECLARED FOREIGN BROADCASTING SERVICES 31 42A ii Informal Consolidation – version in force from 31/8/2012 2003 Ed.

1995 Ed.

PA R T X — OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES PA R T X — OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES 32 43 33 44 34 45 35 45A 36 45B 37 45C 38 45D 39 45E 40 45F 41 45G 42 45H 43 46 44 47 45 48 — PA R T X I – TRANSFER OF UNDERTAKING (sections 49 –58) ( Repealed by Act 34/2002) PA R T X I — OFFENCES AND PENALTIES PA R T X I I — OFFENCES AND PENALTIES 46 59 47 60 48 61 49 62 50 63 51 64 52 65 iii Informal Consolidation – version in force from 31/8/2012 2003 Ed.

1995 Ed.

53 66 54 67 55 68 56 69 57 70 58 71 PA R T X I I — MISCELLANEOUS PROVISIONS PA RT XIII — MISCELLANEOUS PROVISIONS 59 72 60 73 61 74 62 75 63—(1) and (2) 76 64 77 65 78 66 79 Omitted 80 67 Taken from “ References in other written laws and documents ” (section 67 of Act 34/2002) 68—(1) to (4) Taken from “ Transitional and Savings Provisions ” (section 69 of Act 34/2002) (5) S 2(1) Definition of “ broadcasting successor companies ” — Third to Sixth Schedules — ( Repealed by Act 34/2002) Third Schedule Seventh Schedule iv Informal Consolidation – version in force from 31/8/2012

=See also=

=References=