PART I | 1. This Act may be cited as the Broadcasting Act. [34/2002] |
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; [Act 22 of 2016 wef 01/10/2016] |
| “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” 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; |
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| [Deleted by Act 22 of 2016 wef 01/10/2016] |
| [Deleted by Act 22 of 2016 wef 01/10/2016] |
| “Chief Executive”, in relation to the Authority, means the Chief Executive of the Authority appointed under section 40(2) of the Info-communications Media Development Authority Act 2016, and includes any individual acting in that capacity; [Act 22 of 2016 wef 01/10/2016] |
| “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; |
| [Deleted by Act 22 of 2016 wef 01/10/2016] |
| “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; |
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| “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. |
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