Broadcasting Act 1994

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to regulate dealing in, the operation of and ownership in broadcasting services and broadcasting apparatus, and for matters connected therewith.

[1 October 1994]

PART 1

PRELIMINARY

Short title

1. This Act is the Broadcasting Act 1994.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“Authority” means the Info-communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016;

“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” is to 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” is to 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;

“Chief Executive”, in relation to the Authority, means the Chief Executive of the Authority appointed under section 40(1) of the Info-communications Media Development Authority Act 2016, and includes any individual acting in that capacity;

“class licence” means a licence determined under section 9 to be applicable to certain licensable broadcasting services, and “class licensee” is to 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 to prevent intelligible reception;

“free-to-air broadcasting service” means a licensable broadcasting service made available for reception in at least 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” is to be construed accordingly;

“licence” means a licence granted under any provision of this Act, and “licensee” is to 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 —

(c)	any communication between 2 or more persons that is of a private or domestic nature;
(d)	any internal communication of a business, Government agency or other organisation for the purpose of the operation of the business, agency or organisation; and
(e)	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.

[22/2016]

(2) In this Act, unless the context otherwise requires, “part of the public” includes —

(a)	residents in a particular place;
(b)	employees of any firm, company or organisation;
(c)	occupiers of a particular building or part of the building; and
(d)	members of any profession, club or society.

(3) For the purposes of this Act, a company is 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.

Search within Legislation