Application of this Part
s 60
60.—(1) This Part applies to markets connected with the provision of media services. (2) This Part does not affect the operation of, or the exercise of any power by any person under, any other Act.
Info-communications Media Development Authority Act 2016 PART 7 — COMPETITION AND CONSUMER PROTECTION
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Codes of practice, etc.
s 61
61.—(1) The Authority may issue one or more codes of practice, standards of performance and advisory guidelines for all or any of the following purposes:(a) to enable and maintain fair market conduct in the media industry in Singapore; (b) to safeguard the interests of consumers of media services and of the public generally in relation to the provision of media services; (c) to provide guidance in relation to the operation or administration of any provision of this Part; (d) generally for carrying out the purposes of this Part. (2) Without limiting subsection (1), a code of practice may —(a) specify the obligations of a person in relation to the person’s business operations in the media industry; and (b) provide for fees or charges to be paid to the Authority in relation to any application or request made to the Authority under the code of practice. (3) The Authority may, at any time —(a) vary a code of practice, including by adding anything to the code of practice, with respect to any purpose specified in subsection (1); or (b) revoke a code of practice. (4) Upon issuing a code of practice under subsection (1), or varying or revoking a code of practice under subsection (3), the Authority must —(a) publish the code of practice, or its variation or revocation, in a manner that will secure adequate publicity for it; (b) specify in the publication the date on which the code of practice, or its variation or revocation, takes effect; and (c) ensure that the code of practice (including any variation to it) remains available to the public for access and inspection without charge. (5) The issue, variation or revocation of a code of practice does not have force or effect until the code of practice, or its variation or revocation, (as the case may be) is published in accordance with subsection (4)(a) and (b). (6) If any provision of a code of practice is inconsistent with this Act or any other Act administered by the Authority, that provision —(a) has effect subject to this Act or that other Act; or (b) having regard to this Act or that other Act, does not have effect. (7) Subject to subsection (8) —(a) every regulated person must comply with a code of practice (or any part of it) applicable to that regulated person; and (b) every person who owns or controls an essential resource must comply with a code of practice (or any part of it) applicable to that person. (8) The Authority may, either generally or for such time as the Authority may specify, waive the application of any code of practice (or any part of it) to any person or class of persons. (9) A code of practice issued under this section is deemed not to be subsidiary legislation.
Agreements, etc., preventing, restricting or distorting competition
s 62
62.—(1) This section applies to an agreement, a decision or a concerted practice that is, or intended to be, implemented in Singapore before, on or after 1 October 2016. (2) A regulated person must not execute or engage in any agreement, decision or concerted practice —(a) that is of a nature specified by the Authority in a code of practice; and (b) that has, as its object or effect, the prevention, restriction or distortion of competition in any market (or any part of it) connected to the provision of media services in Singapore. (3) Any agreement or decision described in subsection (2) is void.
Abuse of dominant position
s 63
63.—(1) Any conduct on the part of one or more regulated persons that —(a) amounts to an abuse of dominant position in any market (or any part of it) connected to the provision of media services in Singapore; and (b) may, as a result, affect the media industry in Singapore, is prohibited. (2) A regulated person is in a dominant position in a market (or any part of it) connected to the provision of media services in Singapore when, in the opinion of the Authority, that regulated person is able to act without significant competitive restraint from its competitors in that market. (3) For the purposes of this section, the Authority —(a) may specify in a code of practice matters that would be relevant to the Authority’s consideration of whether a regulated person is in a dominant position in a market (or any part of it) connected to the provision of media services in Singapore; and (b) may, by notification in the Gazette, specify the regulated persons whom the Authority considers to have a dominant or non‑dominant position in a market (or any part of it) connected to the provision of media services in Singapore.
Exemption
s 64
64.—(1) The Authority may exempt any person, agreement, decision, concerted practice or conduct from section 62(2) or 63(1). (2) An exemption under subsection (1) —(a) may be granted subject to any conditions that the Authority considers appropriate; (b) has effect for any period that the Authority considers appropriate; and (c) must be in writing and sent by the Authority to the person to whom the exemption applies. (3) If the Authority refuses an application for an exemption from section 62(2) or 63(1), the Authority must give written notice of the refusal to the applicant. (4) An exemption under subsection (1), unless previously revoked in accordance with the conditions of the exemption or under subsection (5), continues in force for the period specified in the exemption. (5) The Authority may —(a) extend the period for which an exemption granted under subsection (1) has effect; (b) vary or delete any condition specified in the exemption; (c) impose one or more additional conditions on the exemption; or (d) revoke the exemption. (6) An exemption under this section need not be published in the Gazette.
Consolidations
s 65
65.—(1) A regulated person must not, without the prior written approval of the Authority, merge or consolidate with, or be taken over by —(a) another regulated person; or (b) any other person carrying on any business connected to the provision of media services in Singapore. (2) For the purposes of subsection (1), the Authority may specify in a code of practice the circumstances under which a regulated person would be considered to be merged or consolidated with, or taken over by, another regulated person or any other person.
Power of Authority in relation to alternative dispute resolution scheme
s 65A
65A.—(1) The Authority may establish or approve one or more dispute resolution schemes for the resolution of disputes between subscribers and designated media licensees, arising from or relating to the provision of media services by the designated media licensees to the subscribers.[30/2016] (2) Every designated media licensee must participate in a dispute resolution scheme mentioned in subsection (1) and comply with such terms and conditions of participation in the scheme as may be prescribed.[30/2016] (3) To avoid doubt, nothing in this section affects the operation of the Consumer Protection (Fair Trading) Act 2003.[30/2016] (4) The Authority may, with the approval of the Minister, make regulations under section 81 to provide for matters relating to the operations of an operator of a dispute resolution scheme mentioned in subsection (1), including —(a) the standards or requirements of the services provided under the dispute resolution scheme; (b) the fees that the operator may charge for the services provided under the dispute resolution scheme; (c) the records that the operator must keep and the period of retention of such records; (d) the reports that the operator must submit to the Authority, and the manner and time for such submission; (e) matters relating to the administration of the dispute resolution scheme; and (f) generally for giving effect to or for carrying out the purposes of this section.[30/2016] (5) In this section, unless the context otherwise requires —“designated media licensee” means a media licensee —(a) that is designated by the Authority to be a media licensee subject to this section; or (b) that is within a class of media licensees designated by the Authority to be a class of media licensees subject to this section, and the designation must be notified in the Gazette; “media licensee” means —(a) a person to whom a permit under section 21, 22 or 23 of the Newspaper and Printing Presses Act 1974 is granted; (b) a holder of a broadcasting licence granted under section 8 or 9 of the Broadcasting Act 1994; or (c) a holder of a licence granted under section 7 of the Films Act 1981; “subscriber” means an end user that subscribes to a media service from a media licensee.[30/2016]
Authority’s directions
s 66
66.—(1) The Authority may give directions to a regulated person, a designated media licensee, or the owner or controller of an essential resource, with respect to any provision of this Part or any provision of a code of practice that applies to that person, licensee, owner or controller.[30/2016] (2) Where the Authority is satisfied that a regulated person, a designated media licensee, or the owner or controller of an essential resource, is infringing, likely to infringe or has infringed any provision of this Part, or any provision of any code of practice, that applies to that person, licensee, owner or controller, the Authority’s directions under subsection (1) may include one or more of the following:(a) requiring that person, licensee, owner or controller to comply with that provision or cease infringing that provision; (b) specifying any procedure or action to be observed or taken by that person, licensee, owner or controller; (c) imposing any restriction on the activities of that person, licensee, owner or controller; (d) requiring that person, licensee, owner or controller to modify or terminate any agreement, decision or concerted practice; (e) requiring that person, licensee, owner or controller to modify or cease any conduct.[30/2016] (3) Where the Authority is satisfied that a regulated person, a designated media licensee, or the owner or controller of an essential resource, has infringed any provision of this Part, or any provision of a code of practice, that applies to that person, licensee, owner or controller, the Authority may, in addition to or instead of a direction described in subsection (2), require that person, licensee, owner or controller to pay a financial penalty of an amount not exceeding the higher of the following amounts:(a) 10% of the annual turnover of that part of the business of that person, licensee, owner or controller in respect of which the infringement occurred, as ascertained from the latest audited accounts of that person, licensee, owner or controller; (b) $1 million.[30/2016] (4) Before giving a direction to, or imposing a financial penalty on, a regulated person, a designated media licensee, or the owner or controller of an essential resource, under this section, the Authority must, unless the Authority considers that it is not practicable or desirable to do so in any particular case, give notice to that person, licensee, owner or controller of —(a) the Authority’s intention to give the direction (including its effect) or impose the financial penalty; and (b) the time within which written representations may be made to the Authority with respect to the proposed direction or financial penalty.[30/2016] (5) The Authority may, by written notice to a regulated person, a designated media licensee, or the owner or controller of an essential resource, give such direction or impose such financial penalty, as the Authority considers appropriate —(a) where written representation is made by that person, licensee, owner or controller in accordance with subsection (4) — after considering that representation; or (b) where no written representation is made — after the time mentioned in subsection (4)(b) lapses.[30/2016] (6) Subject to section 68(5), a direction or a requirement to pay a financial penalty under this section takes effect at such time (after service of the notice under subsection (5)) as the Authority specifies in that notice. (7) The Authority may, at any time, suspend or revoke a direction (or any part of it) given under this section. (8) Any person who, without reasonable excuse, fails to comply with any direction given under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. (9) A reference in this section to the giving of a direction includes a reference to the varying of that direction. (10) In this section, unless the context otherwise requires, “designated media licensee” has the meaning given by section 65A(5).[30/2016]
Dispute resolution
s 67
67.—(1) A code of practice may provide for the resolution of any dispute between private persons (whether regulated persons or otherwise) in respect of any provision of the code of practice. (2) The Authority may determine the dispute if —(a) the code of practice provides for the Authority’s determination of the dispute; and (b) a party to the dispute applies to the Authority for its determination. (3) The Authority must deal with and determine the dispute in accordance with the procedures and powers specified in the code of practice. (4) To avoid doubt, this section does not apply to disputes between subscribers and designated media licensees (within the meaning of section 65A), arising from or relating to the provision of media services by the designated media licensees to the subscribers.[30/2016]
Appeals to Minister
s 68
68.—(1) Any person who is aggrieved by any act, direction or decision of the Authority under this Part or anything contained in a code of practice (collectively called in this section the Authority’s decision) may appeal to the Minister. (2) An appeal under this section —(a) must be in writing; (b) must specify the grounds on which it is made; and (c) must be made within 14 days after the appellant is notified of the Authority’s decision or such longer period as the Minister may allow in the appellant’s case. (3) The Minister may require —(a) any party to the appeal; or (b) any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the appeal, to provide the Minister with such information or document as the Minister may require for the purpose of considering and determining the appeal; and any person so required to provide the information or document must provide it in such manner and within such period as may be specified by the Minister. (4) A Minister may reject the appeal if the appellant does not comply with subsection (2) or (3). (5) The appeal does not affect the operation of the Authority’s decision or prevent the taking of any action to implement the Authority’s decision unless otherwise provided in this Part or directed by the Minister in any particular case. (6) A Minister may determine the appeal by confirming, varying or reversing the Authority’s decision, and the decision of the Minister is final. (7) The Minister may make regulations in respect of the manner in which an appeal may be made to the Minister under this section and the procedure to be adopted in hearing such appeals.
Power to disclose confidential information
s 69
69.—(1) The Authority may disclose any information obtained by the Authority under this Act for the purposes of enabling the Authority to give effect to any provision of this Part. (2) When considering whether to disclose any information under subsection (1), the Authority must have regard to —(a) the need for excluding, so far as is practicable, information the disclosure of which would in the Authority’s opinion be contrary to the public interest; (b) the need for excluding, so far as is practicable —(i) commercial information the disclosure of which would, or might, in the Authority’s opinion, significantly harm the legitimate business interests of the undertaking to which it relates; or (ii) information relating to the private affairs of an individual the disclosure of which would, or might, in the Authority’s opinion, significantly harm the individual’s interest; and (c) the extent to which the disclosure is necessary for the purposes for which the Authority is proposing to make the disclosure.
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