2.—(1) In this Act, unless the context otherwise requires —“advertisement”, for a film —| (a) | means any of the following where used or apparently used to give publicity to the film or to promote (directly or indirectly) the distribution or public exhibition of the film:| (i) | any words, whether written or in an audible message; | | (ii) | any still picture, sign, symbol or other visual image or representation; | | (iii) | any combination of 2 or more of those things in paragraph (i) or (ii); but |
| | (b) | does not include —| (i) | a trailer of any film; | | (ii) | an advertisement about a film in a book, newspaper, periodical or magazine; | | (iii) | a catalogue or price list about films; | | (iv) | an advertisement about a film appearing on an item of clothing or apparel; | | (v) | a website advertisement about a film; | | (vi) | an advertisement about a film that is broadcast; or | | (vii) | any communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public about any film; | | (a) | A flag, poster, placard, banner, photograph, sketch or signboard about a film. |
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| | (b) | An advertisement woven in, impressed on, worked into or annexed to, a container, covering, package, casing, box or other thing in or with which a film is distributed. |
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“affix”, for a label relating to a film, means any of the following:| (a) | to apply the label to the film; | | (b) | to weave in, impress on, work into or annex the label to, a container, wrapping, casing, box or other thing in or with which the film is distributed; | | (c) | to apply the label, or to incorporate the label in, an instruction or other like document that accompanies the film; |
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| “Authority” means the Info‑communications Media Development Authority established by the Info‑communications Media Development Authority Act 2016; |
| “broadcasting service” has the meaning given by section 2(1) of the Broadcasting Act 1994; |
| “business” includes any business in Singapore, whether or not carried on for profit and whether or not its primary function is connected with films; |
| “child” means a person who is below 14 years of age; |
| “cinematograph film” means a slide, disc, tape or other article or thing in which visual images are embodied and from which a moving picture may be shown or produced, and includes the aggregate of sounds embodied in a soundtrack (if any) associated with the visual images forming part of the cinematograph film; |
| “class licence” means a class licence determined under an order made under section 10A(1); |
| “class licensee” means a person to whom an order under section 10A(1) applies; |
| “classification certificate” means a classification certificate issued under section 18; |
| “classification label” means a classification label made available under section 18; |
| “classification officer”, in relation to any provision of this Act or its subsidiary legislation, means an officer of the Authority who is appointed as a classification officer under section 4(1)(a) for the purposes of that provision; |
| “classification rating” means a rating prescribed under section 13; |
“classified”, in relation to a film, means —| (a) | classified or re-classified by the Authority under section 15 (including deemed classified under section 15(9)); | | (b) | classified by a film content assessor and deemed by section 20(1) to be classified by the Authority; | | (c) | classified or re-classified under section 26 or 27 by the Committee of Appeal (whether before, on or after 29 April 2019; or | | (d) | classified by the Board of Film Censors by specifying the classification for the film in a certificate approving the exhibition of the film under this Act as in force before 29 April 2019; |
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| “classify”, in relation to a film, means assigning under section 15 a classification rating for the film; |
| “Committee of Appeal” means the Committee of Appeal established under section 25; |
| “computer generated image” means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, mobile device or similar medium from electronically recorded data; |
| “contentious material”, for a film, means material comprised in the content of the film that is within the ambit of section 16; |
“distribute” means doing any of the following without using a broadcasting service:| (a) | sell, supply or let for hire to a person in Singapore; | | (b) | offer or agree to sell, supply or let for hire to a person in Singapore; | | (c) | cause or permit to be sold, supplied to or hired by a person in Singapore; | | (d) | under or in connection with a commercial arrangement —| (i) | exchange or supply to a person in Singapore; or | | (ii) | enable or assist an exchange or a supply to a person in Singapore, even if the exchange or supply is not, by itself, a commercial arrangement; |
| | (e) | display or invite to treat for an act mentioned in paragraph (a), (b), (c) or (d); |
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| “election” means an election under the Parliamentary Elections Act 1954 or the Presidential Elections Act 1991; |
| “electronic transmission” includes electronic mail, telecommunications and other electronic communication; |
| “enforcement officer”, in relation to any provision of this Act or its subsidiary legislation, means an officer of the Authority who is appointed as an enforcement officer under section 4(1)(c) for the purposes of that provision; |
“evidential material” means any of the following:| (a) | a thing with respect to which an offence under this Act or its subsidiary legislation has been or is suspected, on reasonable grounds, to have been committed; | | (b) | a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence under this Act or its subsidiary legislation; | | (c) | a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence under this Act or its subsidiary legislation; |
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| “exempt film” means a film that is, by section 40, exempt from all provisions of this Act; |
“exhibit” includes —| (a) | for a film that is a video game — to demonstrate or display the video game, but does not include any activity that is public entertainment within the meaning of the Public Entertainments Act 1958; and | | (b) | for a film that is not a video game — to display, screen or project the contents contained in the film in order that another individual may see it (regardless of the manner of the film’s reception), |
| and further includes the meaning given in subsection (5); |
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“film” means —| (a) | a cinematograph film or video recording; | | (b) | a video game; or | | (c) | any other form of recording from which a moving visual image (except as provided otherwise in subsection (5)) including a computer generated image, can be produced and viewed (together with its soundtrack), |
| and includes any trailer for a film and any part of a film; |
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| “film content assessor” means an individual who is registered under section 19, but does not include an individual during the period his or her registration under that section is suspended; |
| “interactive game” means a game in which the way the game proceeds, and the result achieved at various stages of the game, is determined in response to decisions, inputs and the direct involvement of the player; |
| “its subsidiary legislation”, in relation to this Act, means any subsidiary legislation made under this Act; |
| “licence” means a licence granted under section 7; |
“licensee” means the person to whom a licence is granted, but does not include —| (a) | a class licensee; or | | (b) | a person during the period the person’s licence is suspended; |
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| “licensing officer”, in relation to any provision of this Act or its subsidiary legislation, means an officer of the Authority who is appointed under section 4(1)(b) for the purposes of that provision; |
| “mobile device” includes a mobile telephone or other device that is designed to run a mobile operating system; |
“modify”, in relation to any conditions of a licence or classification certificate, includes —| (a) | deleting, or varying and substituting such a condition; and | | (b) | adding any such condition; |
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| “obscene”, in relation to a film, means a film the effect of which or (where the film comprises 2 or more distinct parts or items) the effect of any one of its parts or items is, if taken as a whole, such as to tend to deprave or corrupt persons who are likely, having regard to all relevant circumstances, to see or hear the film; |
| “occupier”, in relation to a place, means the person in occupation of the place (whether or not an owner or lodger), and includes the person otherwise having the charge, management or control of the place either on his or her own account or as agent of another person; |
“party political film” means a film —| (a) | that is an advertisement made by or on behalf of any political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body; or | | (b) | that is made by any person and directed towards any political end in Singapore; |
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“place” includes —| (a) | any vacant land in Singapore; | | (b) | any, or part of any, building or structure of any kind in Singapore, whether vacant or occupied; or | | (c) | any vehicle, vessel or aircraft in Singapore, other than —| (i) | a vehicle on a journey, whether direct or indirect, between a place in Singapore and a place outside Singapore and includes any part of the journey that may occur within Singapore; | | (ii) | a vessel on a voyage, whether direct or indirect, between a place in Singapore and a place outside Singapore and includes any part of the voyage that may occur within Singapore; or | | (iii) | an aircraft on a flight that passes through the airspace over the territory of more than one country and includes any part of the flight that may occur within Singapore; |
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| “prohibited film” means a film that is the subject of an order made under section 35(1); |
“public place” means —| (a) | any place in Singapore to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the place may be restricted at particular times or for particular purposes; or | | (b) | a part of a place in Singapore that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public, |
| whether or not it is an approved place within the meaning of the Public Entertainments Act 1958; |
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“publicly exhibit”, in relation to a video game, a film that is not a video game, or an advertisement for a film, means to exhibit the video game, film or advertisement (as the case may be) in a public place (such as a cinema or theatre) or so that it can be seen from a public place, and includes —| (a) | arranging or conducting the exhibition of the video game, film or advertisement (as the case may be) in a public place or so that it can be seen from a public place; or | | (b) | having the superintendence or management of the place in or from which the video game, film or advertisement (as the case may be) is publicly exhibited; |
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| “publish”, in relation to an advertisement for a film, means to publicly exhibit, display, disseminate or otherwise communicate the advertisement to the general public; |
“re-classify”, in relation to a classified film, means to review the classification for the film and —| (a) | to alter the classification by raising or lowering the classification applicable to the film; or | | (b) | to revoke the classification for the film; |
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| “register of film content assessors” means the register of film content assessors required under section 20C to be kept and maintained by the Authority; |
“supply”, in relation to a film, includes any of the following:| (a) | supplying the contents of the film by electronic transmission to which this Act applies; | | (b) | offering or giving the film as a prize in any lottery, raffle, draw, game or competition; | | (c) | offering or giving away the film for the purpose of advertisement or in furtherance of any business; |
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| “telecommunications” has the meaning given by section 2 of the Telecommunications Act 1999; |
“trailer”, in relation to a film, means a cinematograph film or video recording that —| (a) | contains selected extracts or images from, or part of, the film; and | | (b) | is used for, or prepared for the purpose of, giving publicity to the film; |
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“video game” means a kind of film that is a disc, tape, storage device or other article or thing embodying —| (a) | a computer program, and any associated data, that is capable of generating a display on a computer monitor, television screen, mobile device or similar medium that allows the playing of an interactive game; or | | (b) | a computer program, and any associated data, that is —| (i) | capable of generating new elements or additional levels into a game (called in this definition the original game) that is a computer program; and | | (ii) | contained in a device separate from that containing the original game, |
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| but excludes a video game made available by means of a computer online service that is a broadcasting service and is played — |
| (c) | on a mobile device or other device onto which the video game has been installed; or | | (d) | while the player is using a broadcasting service that enables end‑users to access the Internet; |
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| “video recording” means any disc, magnetic tape or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture; |
| “young person” means a person who is 14 years of age or above but below 18 years of age. [25/2018; 30/2019] |
(2) For the purposes of this Act, a film is directed towards a political end in Singapore if the film —| (a) | contains wholly or partly any matter that, in the opinion of the Authority, is intended or likely to affect voting in any election or national referendum in Singapore; or | | (b) | contains wholly or partly references to or comments on any political matter that, in the opinion of the Authority, are either partisan or biased; and “political matter” includes but is not limited to any of the following:| (i) | an election or a national referendum in Singapore; | | (ii) | a candidate or group of candidates in an election; | | (iii) | an issue submitted or otherwise before electors in an election or a national referendum in Singapore; | | (iv) | the Government or a previous Government or the opposition to the Government or previous Government; | | (v) | a Member of Parliament; | | (vi) | a current policy of the Government or an issue of public controversy in Singapore; or | | (vii) | a political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body. [13/2009; 25/2018] |
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(3) Despite subsections (1) and (2), none of the following films are to be regarded for the purposes of this Act as a party political film:| (a) | a film that is made solely for the purpose of reporting of news by a broadcasting service licensed under any written law; | | (b) | a film that is made solely for the purpose of informing or educating persons on the procedures and polling times for any election or national referendum in Singapore; | | (c) | a film that records live the whole or a material proportion of any performance, assembly of persons or procession that is held in accordance with the law and that does not depict any event, person or situation in a dramatic way; | | (d) | a film designed to provide a record of an event or occasion that is held in accordance with the law for those who took part in the event or occasion or are connected with those who did so; | | (e) | a documentary film without any animation and composed wholly of an accurate account depicting actual events, persons (deceased or otherwise) or situations, but not a film —| (i) | wholly or substantially based on unscripted or “reality” type programmes; or | | (ii) | that depicts those events, persons or situations in a dramatic way; |
| | (f) | a film without animation and dramatic elements —| (i) | composed wholly of a political party’s manifesto or declaration of policies or ideology on the basis of which candidates authorised by the political party to stand will seek to be elected at a parliamentary election; and | | (ii) | made by or on behalf of that political party; |
| | (g) | a film without animation and dramatic elements —| (i) | composed wholly of a candidate’s declaration of policies or ideology on the basis of which the candidate will seek to be elected at a parliamentary or presidential election; and | | (ii) | made by or on behalf of that candidate. [13/2009] |
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(4) This Act extends to apply to an electronic transmission —| (a) | the sender of which is —| (i) | an individual who is physically present in Singapore when the electronic transmission is sent; or | | (ii) | an entity whose central management and control is in Singapore when the electronic transmission is sent, |
| unless none of the recipients of the transmission is a person in paragraph (b); |
| | (b) | the recipient of which is —| (i) | an individual who is physically present in Singapore when the electronic transmission is sent; or | | (ii) | an entity that carries on business or activities in Singapore when the electronic transmission is accessed, |
| even though the sender is outside Singapore; |
| | (c) | where the computer, server or mobile device that is used to access the electronic transmission is located in Singapore; or | | (d) | if the electronic transmission cannot be delivered because the relevant electronic address has ceased to exist (assuming that the electronic address existed), where it is reasonably likely that the electronic transmission would have been accessed using a computer, server or mobile device located in Singapore. [25/2018] |
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(5) Without affecting the definition of “exhibit” in subsection (1), where content (but not live content) comprising wholly or in part moving images —| (a) | is supplied by a broadcasting service, telecommunications or other electronic transmission (such as real-time transmission); and | | (b) | is received on a computer monitor, television screen, mobile device or similar medium equipment appropriate for receiving that content, |
| the showing of the content by the recipient to one or more other individuals is taken to be an exhibition of a film and in these circumstances, the content comprising wholly or in part moving images so received is deemed to be a film. |
[25/2018] |
| (6) To avoid doubt, private viewing alone of a film by an individual does not constitute exhibiting the film by the individual. [25/2018] |
(7) Any power under section 23, 34 or 34A to require an individual or a person to furnish any document or information includes the power —| (a) | to take reasonable steps to require the individual to furnish the document or information immediately or at a place and time specified in writing; | | (b) | to require the individual to provide an explanation of the document or information; | | (c) | if the document or information is not furnished, to require the individual to state, to the best of the individual’s knowledge and belief, where the document or information is; | | (d) | if the information is recorded otherwise than in legible form, to require the information to be made available in legible form; and | | (e) | to require the individual to answer the question immediately or at a place and time specified in writing. [25/2018] |
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