Licensing of broadcasting services
Open ↗8.—(1) A person must not 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.
(2) Every broadcasting licence (other than a class licence) granted by the Authority must be in such form and for such period and may contain such terms and conditions as the Authority may determine.
(3) The Authority may require any licensee to pay a fee on the grant of the licence or such periodic fees while the licence is in force or both of such amount as the Authority may determine by or under the licence.
(4) Without limiting subsection (2), conditions attached to a free‑to‑air licence granted under this section may include —(a)
a condition requiring the licensee to broadcast any programmes that 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 any language that 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.
(5) The Authority may require any licensee to pay a charge of such amount as the Authority may determine for the late payment of any royalty, fee or charge payable by that licensee to the Authority.[Act 4 of 2008 wef 01/04/2024]
(6) Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any royalty, fee or charge shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection.[Act 4 of 2008 wef 01/04/2024]
Class licences
Open ↗9.—(1) The Authority may, by notification 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 any conditions that 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
Open ↗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 must 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 as described in section 12(1)(a) or any other default of the licensee) the compensation payable (if any) for any damage caused by the modification; and
(b)
specifying the time (being at least 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 receiving any written representation mentioned in subsection (2)(b), the Authority must 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, must 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 receiving the direction, appeal to the Minister whose decision is final.
(5) The Authority must not enforce a direction given under subsection (3) —(a)
during the period mentioned in subsection (4); and
(b)
while the broadcasting licensee’s appeal 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
Open ↗11. The Authority may, by notification 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.
Open ↗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 written notice and without any compensation, do either or both of the following:
(e)
cancel the licence or suspend the licence for any period that 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 any period that the Authority thinks fit;
(f)
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 receiving the notice mentioned in subsection (1), appeal to the Minister whose decision is final.
(3) In this section, “Code of Practice” includes —(a)
a code of practice issued by the Authority under section 61 of the Info‑communications Media Development Authority Act 2016; and
(b)
a code of practice issued under section 17 of the Media Development Authority of Singapore Act (Cap. 172, 2003 Revised Edition) before the repeal of that Act by the Info‑communications Media Development Authority Act 2016.[22/2016]
Compliance with Codes of Practice, etc.
Open ↗13.—(1) Every broadcasting licensee must comply with the Codes of Practice relating to standards of programmes and advertisements and broadcast standards.
(2) A broadcasting licensee must not allow to be transmitted a broadcasting service other than in accordance with —(a)
any broadcast standards specified in any regulations or Code of Practice; or
(b)
any condition which may be incorporated in its broadcasting licence.
Free-to-air broadcasting services
Open ↗14.—(1) A free-to-air licensee must provide broadcasting services in such language as may be specified in its licence.
(2) Each free-to-air broadcasting service must be broadcast for at least such number of hours during each day as may be specified in the free-to-air licence.
Submission of broadcasting material to Authority
Open ↗15.—(1) A broadcasting licensee must 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) must —(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
Open ↗16.—(1) The Authority may issue directions in writing to a broadcasting licensee requiring the licensee to take any action with regard to the contents of programmes or advertisements or to broadcast standards that 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
Open ↗17. A broadcasting licensee must include, within the broadcasting services required to be broadcast by it under its broadcasting licence, any 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
Open ↗18.—(1) Programmes required under section 17 or pursuant to a condition attached to a broadcasting licence to be broadcast by a broadcasting licensee must 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 must, on the request of the Authority and on receiving 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
Open ↗19.—(1) Despite 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 must 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 must 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 by the direction; and
(b)
specifying the time (being at least 28 days from the date the notice is served on the broadcasting licensee) within which written representations with respect to the proposed directions may be made.
(4) Upon receiving any written representation mentioned in subsection (3)(b), the Authority must 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, must 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 direction 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 receiving the direction, appeal to the Minister whose decision is final.
(6) The Authority must not enforce a direction given under subsection (4) —(a)
during the period mentioned in subsection (5); and
(b)
while the broadcasting licensee’s appeal 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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
