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Info-communications Media Development Authority Act 2016

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 establish the Info‑communications Media Development Authority, and to make provision for competition and consumer protection in the media industry.

[1 October 2016: Except sections 89, 90(1) and 96(v) ;

2 October 2016: Sections 89, 90(1) and 96(v) ]

PART 1

PRELIMINARY

Short title

1. This Act is the Info-communications Media Development Authority Act 2016.

Interpretation

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

“Authority” means the Info‑communications Media Development Authority established by section 3;

“broadcasting licence” has the meaning given by section 2(1) of the Broadcasting Act 1994;

“broadcasting service” has the meaning given by section 2(1) of the Broadcasting Act 1994;

“Chairperson”, in relation to the Authority, means the member of the Authority who is appointed under section 13(1)(a) as the Chairperson of the Authority, and includes any individual acting in that capacity;

“Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;

“code of practice” means a code of practice or standard of performance issued under section 61;

“committee”, in relation to the Authority, means a committee of the Authority appointed under section 36;

“committee member” means a member of a committee of the Authority appointed under section 36;

“delegate”, in relation to the Authority, means a person to whom the Authority, under section 38(1), delegates any of its functions or powers;

“Deputy Chairperson”, in relation to the Authority, means the member of the Authority who is appointed under section 13(1)(b) as the Deputy Chairperson of the Authority;

“document” includes any device or medium on which information is recorded or stored;

“employee”, in relation to the Authority, means —

(a)	in the case of section 6(2)(r) and Part 9, an individual who is employed by the Authority under a contract of service; or
(b)	in any other case, an individual who is employed by the Authority under a contract of service or who is otherwise engaged to perform duties in the Authority;

“essential resource” means any apparatus, accessory, system, service, information or other resource of any kind that is —

(a)	used or intended to be used in connection with the provision of any media service; and
(b)	specified by the Authority, by notification in the Gazette, to be an essential resource;

“function”, in relation to the Authority, means a function conferred on the Authority by this Act or any other Act;

“information and communications service” means any service involving the use of information and communications technology;

“information and communications system” means any system used or intended to be used for information and communications technology;

“information and communications technology” means any technology employed in the collection, storage, use or transmission of information, and includes a technology that involves the use of a computer or a telecommunication system;

“information, communications and media industry” means an industry comprising persons who carry on any business or engage in any commercial activity in connection with one or more, or any part, or any combination, of the following:

(a)	an information and communications service;
(b)	a media service;
(c)	an information and communications system;
(d)	an information and communications technology;

“inspecting officer” means an individual who is appointed as an inspecting officer under section 42;

“media” means —

(a)	a film as defined in section 2(1) of the Films Act 1981;
(b)	a newspaper;
(c)	a broadcasting service;
(d)	a publication as defined in section 2 of the Undesirable Publications Act 1967; or
(e)	any other medium of communication of information, entertainment or other matter to the public (or a section of the public) that the Minister may, by order in the Gazette, specify,

and “media industry” and “media service” have corresponding meanings;

“member”, in relation to the Authority, means a member of the Authority appointed under section 11, and includes a temporary member appointed under section 15(2);

“newspaper” has the meaning given by section 2(1) of the Newspaper and Printing Presses Act 1974;

“newspaper company” has the meaning given by section 2(1) of the Newspaper and Printing Presses Act 1974;

“power”, in relation to the Authority, means a power given to the Authority by this Act or any other Act;

“proprietor”, in relation to a newspaper, has the meaning given by section 2(1) of the Newspaper and Printing Presses Act 1974;

“regulated person” means —

(a)	in the case of section 65, a newspaper company; or
(b)	in any other case, the holder of a broadcasting licence or the proprietor of a newspaper,

that is specified by the Minister, by notification in the Gazette, to be a regulated person;

“telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999;

“telecommunication system” has the meaning given by section 2 of the Telecommunications Act 1999;

“telecommunications” has the meaning given by section 2 of the Telecommunications Act 1999.

[5/2018]