Singapore Government
Link to Homepage
Home | About Us | Browse | Advanced Search | Results | My Preferences | FAQ | Help | PLUS
 
Contents  

Long Title

Part I PRELIMINARY

Part II PROVISIONS RELATING TO AUTHORITY

Part III LICENSING SCHEME

Part IV BROADCASTING SERVICES

Part V BROADCASTING APPARATUS

Part VI FREQUENCY PLANNING

Part VII BROADCASTING CONDITIONS

Part VIII FOREIGN BROADCASTING SERVICES

Part IX DECLARED FOREIGN BROADCASTING SERVICES

Part X OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES

Part XI OFFENCES AND PENALTIES

Part XII MISCELLANEOUS PROVISIONS

FIRST SCHEDULE Broadcasting Apparatus

SECOND SCHEDULE Licensable Broadcasting Services

THIRD SCHEDULE Relevant Licensable Broadcasting Service

Legislative History

Comparative Table

 
Slider
Left Corner
Print   Link to Viewed VersionLink to In-Force Version
 
On 14/12/2017, you requested the version in force on 08/03/2013 incorporating all amendments published on or before 08/03/2013. The closest version currently available is that of 31/08/2012.
Slider
Broadcasting Act
(CHAPTER 28)

(Original Enactment: 15 of 1994)

REVISED EDITION 2012
(31st August 2012)
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]
PART 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 Development Authority of Singapore established under the Media Development Authority of Singapore Act (Cap. 172);
“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 apparatus licence” means a licence granted under section 20 in respect of broadcasting apparatus, and “broadcasting apparatus licensee” shall be construed accordingly;
“broadcasting licence” means a licence granted under section 8 or 9 for the provision of a licensable broadcasting service, and “broadcasting licensee” shall be construed accordingly;
“broadcasting service” means a service whereby signs or signals transmitted, whether or not encrypted, comprise —
(a)
any programme capable of being received, or received and displayed, as visual images, whether moving or still;
(b)
any sound programme for reception; or
(c)
any programme, 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 includes any temporary 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 determined under section 9 to be applicable to certain licensable broadcasting services, and “class licensee” shall be construed accordingly;
“Code of Practice” means a Code of Practice issued under this Act;
“debenture” includes debenture stock;
“dwelling-house” includes a hotel, inn, boarding house or other similar establishment;
“encrypted” means treated electronically or otherwise for the purpose of preventing intelligible reception;
“free-to-air broadcasting service” 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-air broadcasting service, and “free-to-air licensee” shall be construed accordingly;
“Info-communications Development Authority of Singapore” means the Info-communications Development Authority of Singapore established under section 3 of the Info-communications Development Authority of Singapore Act (Cap. 137A);
“licence” means a licence 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 broadcasting service, 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 sponsorship matter, whether or not of a commercial 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 domestic nature;
(ii)
any internal communication of a business, Government agency or other organisation for the purpose of the operation of the business, agency or organisation; and
(iii)
communications in such other circumstances as may be prescribed;
“regulations” means regulations 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 relation to a company, means shares in, or stock forming part of, the capital of the company;
“subscription broadcasting 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 residents 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 Government at any time when all the issued shares in the company are held by or on behalf of the Government.
PART II
PROVISIONS RELATING TO AUTHORITY
Directions by Minister
3.
—(1)  The Minister 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.
(2)  Without prejudice to the generality of subsection (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 government of another country; or
(b)
in order —
(i)
to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement;
(ii)
to attain or facilitate 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 organisation 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 Minister may, after consultation with a person to whom this section applies, give such directions to that person as are necessary in the circumstances of the case.
(3)  Any directions given under subsection (1) or (2) may include provisions for —
(a)
the prohibition or regulation of any broadcasting 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 subsection (1) or (2) notwithstanding any other duty imposed on him by or under this Act.
(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 Minister is of the opinion 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 subsection (3)(b); or
(b)
make grants to licensees 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 provisions 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 Authority 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 security, 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 Authority 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.
PART III
LICENSING SCHEME
Power of Authority to grant licences
5.
—(1)  The Authority may grant the following licences:
(a)
broadcasting licences; and
(b)
broadcasting apparatus licences.
(2)  The Authority shall grant licences under subsection (1) in such categories as the Authority may determine are appropriate for the regulation of the broadcasting industry.
Codes of Practice
6.
—(1)  The Authority may issue and from time to time review —
(a)
Codes of Practice relating to standards of programmes and advertisements broadcast by licensees; and
(b)
Codes of Practice relating to broadcast standards required to be maintained by licensees.
(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 regulations or, where appropriate, having regard to such regulations, shall not have effect.
(3)  The Authority may in any licence exempt any licensee from any provision in a Code of Practice generally 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.
PART IV
BROADCASTING SERVICES
Licensing of broadcasting services
8.
—(1)  No person shall provide any licensable broadcasting service in or from Singapore without a broadcasting licence granted by the Authority under this section or granted under section 9.
[19/2002]
(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 conditions as the Authority may determine.
[19/2002]
(3)  The Authority may require any licensee 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 subsection (2), conditions attached to a free-to-air licence granted under this section may include —
(a)
a condition requiring the licensee to broadcast such programmes as the Authority may require and at such time, or within such period and on such broadcasting service as the Authority may specify;
(b)
a condition prohibiting or restricting, in a manner specified in the licence, the broadcasting by the licensee of advertising material which is of a class or description so specified;
(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 requiring the licensee to provide a performance bond to secure compliance by the licensee with any condition attached to the licence;
(e)
broadcast requirements, including conditions relating to the assignment and use of frequencies, channel capacities and coverage;
(f)
a condition requiring the payment by the licensee of royalties, licence fees, spectrum utilisation fees and other fees and charges as may be prescribed;
(g)
a condition requiring the broadcasting of programmes in such language as may be specified, and the periods and duration of such broadcast; and
(h)
conditions imposing controls and restrictions, directly or indirectly, on the creation, holding or disposal of shares in the licensee or its shareholders or interests in the undertaking of the licensee or any part thereof.
[19/2002]
Class licences
9.
—(1)  The Authority may, by notification published in the Gazette, determine a class licence, being a broadcasting licence, for the provision of such subscription broadcasting services and other licensable broadcasting services as the Authority may specify.
(2)  The Authority may include in a class licence such conditions as it thinks fit.
(3)  Different conditions may be specified for —
(a)
different categories of licensable broadcasting services; and
(b)
different types of such services.
(4)  Without limiting the conditions that may be imposed, the Authority may impose a condition on a class licence requiring 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 conditions of a broadcasting licence under this section, the Authority shall give notice to the broadcasting licensee —
(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 compensation payable (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 written 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 representation; or
(b)
amend the proposed modification 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 modification specified in the notice or to such modification as subsequently amended by the Authority within a reasonable time.
(4)  Any broadcasting licensee aggrieved by a decision of the Authority under subsection (3) may, within 14 days of the receipt by the licensee of the direction, appeal to the Minister whose decision shall be final.
(5)  The Authority shall not enforce a direction given under subsection (3) —
(a)
during the period referred 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 Authority 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 modification as specified in the notice given under that subsection.
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 broadcasting licence, etc.
12.
—(1)  If the Authority is satisfied that —
(a)
a broadcasting licensee is contravening, or has contravened, any of the conditions of its licence, any relevant Code of Practice, any of the provisions of this Act or the regulations or any direction issued by the Minister or the Authority to, or applicable to, the licensee;
(b)
a broadcasting licensee 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 security of Singapore so requires,
the Authority may, by notice in writing and without any compensation, do either or both of the following:
(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 licence 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.
(3)  In this section, “Code of Practice” includes a code of practice issued under the Media Development Authority of Singapore Act (Cap. 172).
[34/2002]
Compliance with Codes of Practice, etc.
13.
—(1)  Every broadcasting licensee shall comply with the Codes of Practice relating to standards of programmes and advertisements and broadcast standards.
(2)  No broadcasting licensee shall allow to be transmitted a broadcasting service other than in accordance with any broadcast standards specified in any regulations or Code of Practice or any condition which may be incorporated in its broadcasting licence.
Free-to-air broadcasting services
14.
—(1)  A free-to-air licensee shall provide broadcasting services in such language as may be specified in its licence.
(2)  Each free-to-air broadcasting service shall be broadcast for not less than such number of hours during each day as may be specified in the free-to-air licence.
Submission of broadcasting material to Authority
15.
—(1)  A broadcasting licensee shall supply to the Authority on demand any material, including the script thereof, which is intended for broadcasting.
(2)  A broadcasting licensee who is required to supply material under subsection (1) shall —
(a)
supply the material in such form as the Authority 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 programme intended to be broadcast by a broadcasting licensee may be against the public interest or order, national harmony or will offend against decency, require the broadcasting licensee to pre-record the programme and submit it to the Authority for approval before it is broadcast.
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 programmes 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 subsection (1) may include a direction prohibiting a broadcasting licensee from broadcasting the whole or any part of a programme or of any class of material.
(3)  Any broadcasting licensee and any other person responsible for the broadcasting of any programme prohibited 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 broadcasting licensee shall include, within the broadcasting services required to be broadcast by it under its broadcasting licence, such programmes provided by the Authority or the Government through the Authority as may be required by the Authority under the conditions of its licence, including —
(a)
programmes for schools or other educational programmes;
(b)
news and information programmes produced in Singapore or elsewhere;
(c)
arts and cultural programmes; and
(d)
drama and sports programmes produced in Singapore.
General requirements in respect of public service programmes
18.
—(1)  Programmes required under section 17 or pursuant to a condition attached to a broadcasting licence to be broadcast by a broadcasting licensee shall be broadcast without charge to the Authority or with such subsidy from the Authority as may be provided in that broadcasting licence.
(2)  A broadcasting licensee shall, on the request of the Authority and on receipt of reasonable notice, make available to the Authority without charge such part of its broadcasting apparatus as the Authority may specify for the purpose of broadcasting programmes required to be broadcast under section 17 or pursuant to a condition attached to its broadcasting licence.
“Must carry” provision
19.
—(1)  Notwithstanding anything in this Act but subject to this section, the Authority may, by a direction in writing, require a broadcasting licensee to provide for transmission and reception any broadcasting service which is —
(a)
provided by any other person for such transmission and reception; and
(b)
specified in its licence or is of a description so specified.
(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 section, the Authority shall give notice to the broadcasting licensee —
(a)
stating that the Authority proposes to give directions in the manner specified in the notice 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 broadcasting 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 representation; or
(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 specified in the notice or to such modifications as subsequently amended by the Authority within a reasonable time.
(5)  Any broadcasting licensee aggrieved by a decision of the Authority under subsection (4) may, within 14 days of the receipt by the licensee of the direction, appeal to the Minister whose decision shall be final.
(6)  The Authority shall not enforce a direction given under subsection (4) —
(a)
during the period referred 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 Authority 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.
PART V
BROADCASTING APPARATUS
Licensing of broadcasting apparatus
20.
—(1)  Subject to this section, no person shall —
(a)
install any broadcasting apparatus in any place, or on board any ship, aircraft or vehicle registered in Singapore;
(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,
except under and in accordance with a licence granted under this section.
(2)  Every licence granted under subsection (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 requiring any person who works a broadcasting apparatus in the course of his duty as a member of the Singapore Armed Forces, the Singapore Police Force, the Vigilante Corps or the Singapore Civil Defence Force to obtain a licence under this Act.
(4)  The Authority may exempt any person or broadcasting apparatus or class of broadcasting apparatus from subsection (1).
Application of certain provisions of Act to broadcasting apparatus licences
21.  Sections 10, 12 and 16 shall apply, with the necessary modifications, to broadcasting apparatus licences and broadcasting apparatus licensees.
PART VI
FREQUENCY 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 Singapore;
(b)
the number of existing broadcasting services and the demand for new broadcasting services;
(c)
the developments in technology;
(d)
the technical restraints relating to the transmission, delivery or reception of broadcasting services;
(e)
the demand for electromagnetic, and particularly radio frequency, spectrum for services other than broadcasting services; and
(f)
such other matters as the Authority or the Info-communications Development Authority of Singapore considers appropriate.
[41/99]
Re-assignment of frequencies
23.
—(1)  The Info-communications Development Authority of Singapore shall, in consultation with the Authority, assign to the Authority specific frequencies in the electromagnetic spectrum and satellite orbits for the purpose of broadcasting having regard to the international allocation plans set by the International Telecommunication Union as well as national requirements.
[41/99]
(2)  The Authority may re-assign to any person the frequencies in the electromagnetic spectrum 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 Telecommunications Act (Cap. 323), if a licensee is granted a broadcasting licence under this Act and the licence includes the right for the licensee to use any specified frequency in the electromagnetic 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 Telecommunications Act in respect of the use of such frequency or satellite orbits for the period for which that broadcasting licence is in force and for the purposes permitted by that licence.
[41/99]
PART VII
BROADCASTING CONDITIONS
Transmission area requirements
25.
—(1)  A broadcasting licensee shall, within such time as may be specified in its broadcasting licence, broadcast in such a manner as to enable its broadcasting services to be received to the satisfaction of the Authority in all parts of Singapore or such parts thereof as the Authority may specify.
(2)  If the Authority so directs, a free-to-air licensee shall publish, in such manner as the Authority may require, notification of the commencement dates for broadcasting its broadcasting services 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 licensee 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 specified by the Authority in the use or sharing of any broadcasting apparatus or related equipment or facility (other than a telecommunication system licensed under section 5 of the Telecommunications Act (Cap. 323)) owned, operated or used by the broadcasting licensee or broadcasting apparatus licensee for the purpose of broadcasting, whether or not they have been provided, 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 telecommunication 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-ordination and co-operation is necessary for the provision of any broadcasting service.
[10/2005]
(3)  In this section, “telecommunication licensee” and “telecommunication system” have the same meanings as in section 2 of the Telecommunications Act.
[10/2005]
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 broadcasting apparatus licensee for the transmission of any broadcasting service for the purpose of ascertaining whether or not the licensee is complying, or will comply, at all times with the broadcast standards prescribed by this Act or the regulations, any Code of Practice and the conditions of its broadcasting apparatus licence 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 service;
(b)
assist the Authority 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 building space, etc., by developer or owner of building or land
28.
—(1)  Where the Authority considers it necessary that any licensable broadcasting service should be provided to any building and is of the opinion that any broadcasting apparatus or installation or plant to be used in providing 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, installation or plant or space, of a standard acceptable to the Authority, within or on the building or land and access thereto as the Authority may require.
(2)  Where the Authority considers it necessary that the reception of any licensable broadcasting service 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 facilitating 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 building 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 incurred for the provision of any broadcasting apparatus, installation or plant or space under subsection (1) as the Authority may determine; and
(b)
such other requirements as the Authority may specify.
(4)  Any person who fails to comply with any requirement in a direction under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(5)  Nothing in any direction given under subsection (1) shall be construed as granting any exemption from any licensing requirement 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 broadcasting apparatus or installation or plant.
(6)  In this section, “installation or plant” includes all buildings, lands, structures, machinery, equipment, cables, poles and lines used or intended for use in connection with broadcasting.
PART VIII
FOREIGN BROADCASTING SERVICES
Orders proscribing unacceptable foreign broadcasting services
29.
—(1)  Subject to this section, the Minister may make an order proscribing a foreign broadcasting service for the purposes of section 30.
(2)  If the Authority considers that the quality or content of any foreign broadcasting service which is brought to its attention is unacceptable and that the service should be the subject of an order under this section, the Authority shall notify the Minister the details of the service and the reasons why it considers an order under subsection (1) should be made.
(3)  The Authority 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 prejudices the public interest or order, national harmony or offends against good taste or decency.
(4)  In this section and section 30, “foreign broadcasting service” means a broadcasting service which transmits from a place outside Singapore broadcasting services which are capable of being received in Singapore.
Offence of supporting proscribed foreign broadcasting services
30.
—(1)  This section shall apply to any foreign broadcasting service which is proscribed 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;
(b)
supplying, or offering to supply, programmes to be included in any broadcasting service transmitted as part of a proscribed service;
(c)
arranging for, or inviting, any other person to supply programmes to be so included;
(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 proscribed service or (otherwise than by publishing such details) publishing advertising matter calculated to promote a proscribed service, whether directly or indirectly;
(f)
supplying, or offering to supply, any decoding equipment which is designed or adapted to be used primarily for the purpose of enabling the reception of programmes transmitted as part of a proscribed service; and
(g)
promoting, financially or otherwise, a proscribed service.
(3)  Any person who is guilty of an offence under subsection (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 commission 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 possession for supply shall be deemed to offer to supply it.
PART IX
DECLARED FOREIGN BROADCASTING SERVICES
Declared foreign broadcasting services
31.
—(1)  The Minister may, by order published in the Gazette, declare any foreign broadcasting service rebroadcast in Singapore on any relevant licensable broadcasting service to be a foreign broadcasting service engaging in the domestic politics of Singapore.
[18/2001]
(2)  No person shall, without the prior approval of the Minister, include any declared foreign broadcasting service for rebroadcast in Singapore on any relevant licensable broadcasting 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 approval; or
(c)
revoke his approval at any time without assigning any reason.
[18/2001]
(4)  Without prejudice 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 broadcasting service rebroadcast in Singapore on any relevant licensable broadcasting service shall be restricted 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 broadcasting 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 subsection (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]
(6)  In this section —
“foreign broadcasting service” means —
(a)
any broadcasting service transmitting from a place outside Singapore; or
(b)
any broadcasting service transmitting from a place in Singapore but which is owned, controlled or managed by or on behalf of —
(i)
the government of a country outside Singapore or the agent of any such government, whether resident in Singapore or otherwise;
(ii)
any company, association or society incorporated or constituted under any law in force outside Singapore, 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, whether or not he is resident in Singapore;
“relevant licensable broadcasting service” means a licensable broadcasting service specified in the first column of the Third Schedule provided by a person specified adjacent thereto in the second column of that Schedule.
[18/2001]
PART X
OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
Application of this Part to broadcasting company
32.
—(1)  This Part shall apply to every broadcasting company unless exempted by the Minister under section 60(b).
[19/2002]
(2)  In this Part —
“broadcasting company” means a company incorporated or registered under the Companies Act (Cap. 50) which holds a relevant licence, or a broadcasting holding company;
“broadcasting holding company” means a holding company of a company incorporated or registered under the Companies Act which holds a relevant licence;
“holding company” has the same meaning as in section 5 of the Companies Act;
“relevant licence” means —
(a)
any free-to-air licence; or
(b)
any broadcasting licence under which a subscription broadcasting service may be provided,
which permits broadcast which is capable of being received in 50,000 dwelling-houses or more, but does not include any class licence; or
(c)
such other broadcasting licence as the Minister may from time to time specify in the public interest or in the interests of public security or order, or national defence.
[19/2002]
Special features of broadcasting company
33.
—(1)  No broadcasting company shall, on or after 2nd September 20021, 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.
1   Date of commencement of the Singapore Broadcasting Authority (Amendment) Act 2002 (Act 19 of 2002).
[19/2002]
(2)  Unless the Authority otherwise approves, the chief executive officer of a broadcasting company and at least one-half of its directors shall be citizens of Singapore.
[19/2002]
(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 broadcasting 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 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 approved by the Authority on a written application by the broadcasting company made within 6 months after 2nd September 2002 or such longer period as the Authority may allow.
[19/2002]
(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.
[19/2002]
(5)  Any broadcasting company which 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 exceeding $5,000 for every day or part thereof during which the offence continues after conviction.
[19/2002]
(6)  This section shall have effect notwithstanding the provisions of any other written law or of the memorandum or articles of association, or other constitution, of a broadcasting company.
[19/2002]
(7)  In this section —
“chief executive officer”, in relation to a broadcasting company, means any person, by whatever name described, who is —
(a)
in the direct employment of, or acting for or by arrangement with, the broadcasting company; and
(b)
principally responsible for the management and conduct of any type of business of the broadcasting company in Singapore,
and includes any person for the time being performing all or any of the functions or duties of a chief executive officer;
“director” has the same meaning as in section 4(1) of the Companies Act (Cap. 50).
[19/2002]
Application and interpretation 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 individuals whether resident in Singapore or not and whether citizens of Singapore or not, and to all bodies corporate or unincorporate, whether incorporated or carrying on business in Singapore or not.
[19/2002]
(2)  In sections 35 to 42, unless the context otherwise requires —
“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;
“share” includes stock except where a distinction between stock and shares is expressed or implied;
“substantial shareholder” has the same meaning as in section 81 of the Companies Act (Cap. 50);
“voting share” has the same meaning as in section 4(1) of the Companies Act.
[19/2002]
Control of substantial shareholdings in broadcasting companies
35.
—(1)  No person shall, on or after 2nd September 20022, become a substantial shareholder of a broadcasting company without first obtaining the approval of the Minister.
2   Date of commencement of the Singapore Broadcasting Authority (Amendment) Act 2002 (Act 19 of 2002).
[19/2002]
(2)  Subject to section 37(4), no person who, immediately before 2nd September 2002, is a substantial shareholder 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 the Minister may allow, applied to the Minister for approval to continue to be such a shareholder.
[19/2002]
(3)  No person shall, on or after 2nd September 2002, enter into any agreement or arrangement, whether oral or in writing 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 without first obtaining the approval of the Minister.
[19/2002; 21/2005]
(4)  Subject to section 37(4), no person who, at any time before 2nd September 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 September 2002 or such longer period as the Minister may allow, applied to the Minister for approval to continue to be a party to such an agreement or arrangement.
[19/2002]
(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.
[19/2002]
Control of shareholdings and voting power in broadcasting companies
36.
—(1)  No person shall, on or after 2nd September 20023, become —
3   Date of commencement of the Singapore Broadcasting Authority (Amendment) Act 2002 (Act 19 of 2002).
(a)
a 12% controller; or
(b)
an indirect controller,
of a broadcasting company without first obtaining the approval of the Minister.
[19/2002]
(2)  Subject to section 37(4), no person who, immediately before 2nd September 2002, is —
(a)
a 12% controller; or
(b)
an indirect controller,
of a broadcasting 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.
[19/2002]
(3)  In subsections (1)(a) and (2)(a), “12% controller” means a person who alone or together with his associates —
(a)
holds not less than 12% of the shares in the broadcasting company; or
(b)
is in a position to control voting power of not less than 12% in the broadcasting company.
[19/2002]
(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
(c)
a person, A, is an associate of another person, B, if —
(i)
A is the spouse or a parent, step-parent or remoter lineal ancestor, or a son, step-son, daughter, step-daughter or remoter issue, or a brother or sister, of