Info-communications Media Development Authority Act 2016

PART 2

ESTABLISHMENT, FUNCTIONS AND POWERS
OF AUTHORITY

Info-communications Media Development Authority

3. A body called the Info‑communications Media Development Authority is established by this section.

Authority is body corporate

4. The Authority —

(a)	is a body corporate with perpetual succession;
(b)	may acquire, hold and dispose of real and personal property; and
(c)	may sue and be sued in its corporate name.

Functions of Authority

5.—(1) The Authority has the following functions:

(a)

to promote the efficiency, competitiveness (including internationally) and development of the information, communications and media industry in Singapore;

(b)

to promote and maintain fair and efficient market conduct and effective competition between persons engaged in commercial activities in connection with media services or telecommunication systems and services in Singapore or, in the absence of a competitive market, to prevent the misuse of monopoly or market power;

(c)

to regulate the provision and use of telecommunication systems, and equipment and software in connection with such systems, and telecommunication services, in Singapore, including by —

(i)	ensuring that telecommunication services are reasonably accessible to all persons in Singapore, and are supplied as efficiently and economically as practicable and at performance standards that reasonably meet the social, industrial and commercial needs of Singapore; and
(ii)	determining or approving prices, tariffs and charges for the provision of telecommunication systems and services;

(d)

to regulate the provision and use of media services, and equipment and facilities used in connection with media services, in Singapore, including by —

(i)	facilitating the provision of an adequate range of media services that serves the interests of the general public;
(ii)	ensuring that media services are provided at a high standard in all respects, particularly in respect of the quality, balance and range of subject matter of their content; and
(iii)	ensuring that the content of media services is not against public interest, public order or national harmony, and does not offend against good taste or decency;

(e)

to promote the use of the Internet and electronic commerce in Singapore and to establish regulatory frameworks for that purpose;

(f)

to regulate and manage domain names of Internet websites in Singapore;

(g)

to promote the use of information and communications technology in Singapore and, where necessary, to collaborate with the Government Technology Agency (established by section 3 of the Government Technology Agency Act 2016) in respect of that;

(h)

to promote, where suitable, self‑regulation in the information, communications and media industry in Singapore;

(i)

to advise the Government on matters relating to the information, communications and media industry and the functions of the Authority;

(j)

to represent Singapore and advance Singapore’s interest internationally in matters relating to the information, communications and media industry;

(k)

to promote research and development into technological matters relating to the information, communications and media industry;

(l)

to promote and set standards for the training, and the upgrading of the competencies, of persons for the purposes of the information, communications and media industry in Singapore;

(m)

to provide consultancy services in or outside Singapore relating to the information, communications and media industry;

(n)

to perform such other functions as may be conferred on the Authority by any other Act.

(2) In performing the functions conferred on the Authority by subsection (1), the Authority is to have regard to —

(a)	efficiency and economy;
(b)	the social, industrial and commercial needs of Singapore for information and communications services and media services; and
(c)	the convergence of information and communications services and media services, and the need to accommodate technological changes, in and outside Singapore.

(3) The Authority may also undertake such other functions as the Minister may, by notification in the Gazette, assign to the Authority, and in so undertaking —

(a)	the Authority is deemed to be fulfilling the purposes of this Act; and
(b)	the provisions of this Act apply to the Authority in respect of those other functions.

(4) Nothing in this section imposes on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Authority would not otherwise be subject.

Powers of Authority

6.—(1) Subject to this Act, the Authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

(2) Without limiting subsection (1), powers of the Authority include power —

(a)	to issue or approve, and monitor the compliance with, codes of practice, standards of performance and advisory guidelines on any matter relating to the functions of the Authority;
(b)	to control and regulate the management and allocation of numbering plans and schemes for telecommunication systems and services;
(c)	to construct, install, maintain, repair, operate and supply any installation, plant, system or equipment, or any building relating to that, for telecommunications or broadcasting purposes;
(d)	to engage (on its own or with another person) in the manufacture or sale, whether in or outside Singapore, of any equipment for telecommunications or broadcasting purposes;
(e)	to provide all forms of information and communications systems and services;
(f)	to determine such rates, charges and fees, or their apportionment, as between the Authority and telecommunications authorities outside Singapore, as the Authority considers appropriate;
(g)	to charge for the provision of goods or services, or the performance of work, by or on behalf of the Authority;
(h)	to waive or refund the whole or part of any fee or charges payable or paid to the Authority under this Act or any other Act administered by the Authority;
(i)	to collaborate with other organisations (in or outside Singapore) for the purposes of promoting information and communications services and media services;
(j)	to conduct or commission research on the effect of media content, or public opinion or community attitudes on issues relating to media content;
(k)	to conduct research and investigations necessary for the development of information and communications services and media services in Singapore;
(l)	to organise, provide for or collaborate with any person on training programmes, assessments and certifications of, and scholarships for, persons in relation to the information, communications and media industry;
(m)	to become a member or an affiliate of an international body that has functions similar to those of the Authority;
(n)	to enter into agreements and arrangements;
(o)	to form or participate in the formation of a body corporate, unincorporated association or trust, or enter into a joint venture with any person;
(p)	to carry out such works or activities as the Authority considers to be necessary, advantageous or convenient, with a view to making the best use of the Authority’s assets;
(q)	to accept grants, gifts, donations or contributions from any source, or raise funds by all lawful means;
(r)	to grant loans to, or guarantee the loans of, the employees of the Authority;
(s)	to provide financial support, grant, aid or assistance to any person in connection with any function of the Authority; and
(t)	to do any other thing that is necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

(3) To avoid doubt, subsection (1) does not limit any other power given to the Authority by any other provision in this Act or by any other Act.

Powers of Authority in relation to proposals for privatisation

7.—(1) Where the Minister proposes to transfer any property or function of the Authority to another body corporate (called in this section the transferee), the Authority has the power to do anything which, in the opinion of the Authority, is appropriate for the purpose of —

(a)	facilitating the implementation of the Minister’s proposal;
(b)	facilitating the implementation of, or securing a modification of, any related proposal of the Minister;
(c)	promoting, in relation to the Minister’s proposal or related proposal, the interest of the transferee; or
(d)	promoting, in relation to the Minister’s proposal or related proposal, the interest of a body corporate that may become, under the Minister’s proposal or related proposal, a member of the same group as the transferee.

(2) To avoid doubt, subsection (1) does not limit any other power given to the Authority by any other provision in this Act or by any other Act.

(3) For the purposes of subsection (1)(d), a body corporate is a member of the same group as the transferee if —

(a)	the body corporate is a holding company or subsidiary of the transferee; or
(b)	the body corporate is another subsidiary of the transferee’s holding company.

(4) In this section —

“holding company” and “subsidiary” have the meanings given by section 5 of the Companies Act 1967;

“related proposal” means a proposal of the Minister that relates to the Minister’s proposal to transfer a property or function of the Authority to the transferee, and includes a proposal relating to or connected with —

(a)	any property, right or liability of the Authority that would be affected by the proposed transfer, or that is proposed to be transferred to the transferee;
(b)	the performance, whether before or after the transfer, of a function of the Authority that is proposed to be transferred to the transferee; or
(c)	the formation, flotation, control, finances, or officers or employees, of the transferee or of any other body corporate that may become, under the Minister’s proposal or related proposal, a member of the same group as the transferee.

Directions of Minister, etc.

8.—(1) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.

[5/2018]

(2) To avoid doubt, the Minister is entitled —

(a)	to information in the Authority’s possession; and
(b)	where the information is in or on a document, to have, and make and retain copies of, that document.

(3) For the purposes of this section, the Minister may request the Authority —

(a)	to provide information to the Minister; or
(b)	to give the Minister access to information.

(4) The Authority must comply with a request under subsection (3).

(5) In this section, “information” means information specified, or of a description specified, by the Minister that relates to the Authority’s functions, and includes a document.

Authority’s symbols, etc.

9.—(1) The Authority has the exclusive right to the use of one or more symbols or representations as it may select or devise (each called in this section the Authority’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Authority’s activities or affairs.

(2) A person who —

(a)	uses, without the Authority’s prior written permission, a symbol or representation that is identical with the Authority’s symbol or representation; or
(b)	uses a symbol or representation that so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

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