Films (Amendment) Bill

Bill No. 10/2018

Read the first time on 27 February 2018.
An Act to amend the Films Act (Chapter 107 of the 1998 Revised Edition) and to make consequential amendments to certain other Acts.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act is the Films (Amendment) Act 2018 and comes into operation on a date that the Minister appoints by notification in the Gazette.
Amendment of long title
2.  The long title of the Films Act is amended by inserting, immediately after the words “and exhibition of films”, the words “, and to provide for the classification of films and for the enforcement of those classifications”.
Amendment of section 2
3.  Section 2 of the Films Act is amended —
(a)by deleting the definitions of “approved warehouse”, “Authority”, “Board”, “certificate” and “Chairman” in subsection (1) and substituting the following definitions:
“ “advertisement”, for a film, 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:
(a)any words, whether written or in an audible message;
(b)any still picture, sign, symbol or other visual image or representation;
(c)any combination of 2 or more of those things in paragraph (a) or (b),
but does not include —
(d)a trailer of any film;
(e)an advertisement about a film in a book, newspaper, periodical or magazine;
(f)a catalogue or price list about films;
(g)an advertisement about a film appearing on an item of clothing or apparel;
(h)a website advertisement about a film;
(i)an advertisement about a film that is broadcast; or
(j)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;
 
Examples
 
(a)A flag, poster, placard, banner, photograph, sketch or signboard about a film.
 
(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.
“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;
“Authority” means the Info‑communications Media Development Authority established by the Info‑communications Media Development Authority Act 2016 (Act 22 of 2016);
“broadcasting service” has the meaning given by section 2(1) of the Broadcasting Act (Cap. 28);
“business” includes any business in Singapore, whether or not carried on for profit and whether or not its primary function is connected with films;”;
(b)by deleting the definition of “distribute” in subsection (1) and substituting the following definitions:
“ “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 the date of commencement of section 11 of the Films (Amendment) Act 2018); 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 the date of commencement of section 11 of the Films (Amendment) Act 2018;
“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 film which 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);”;
(c)by deleting the definitions of “electronic transmission”, “exhibition”, “film”, “licence” and “Licensing Officer” in subsection (1) and substituting the following definitions:
“ “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;
“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 (Cap. 257); 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);
“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;
“film content assessor” means an individual who is registered under section 19, but does not include an individual during the period his registration as such 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;
“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;”;
(d)by deleting the definition of “owner” or “owner of a film” in subsection (1) and substituting the following definition:
“ “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 own account or as agent of another person;”;
(e)by deleting the definitions of “place”, “Secretary” and “supply” in subsection (1) and substituting the following definitions:
“ “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;
“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;
“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;
“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;
“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;
“telecommunications” has the meaning given by section 2 of the Telecommunications Act (Cap. 323);
“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;
“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,
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;”;
(f)by deleting the word “Board” in subsection (2)(a) and (b) and substituting in each case the word “Authority”; and
(g)by inserting, immediately after subsection (3), the following subsections:
“(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.
(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.
(6)  To avoid doubt, private viewing alone of a film by an individual does not constitute exhibiting the film by the individual.
(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 such place and time specified in writing.”.
Repeal and re-enactment of sections 3 and 4
4.  Sections 3 and 4 of the Films Act are repealed and the following sections substituted therefor:
“Authority to administer this Act
3.  It is the function of the Authority to exercise licensing and classification functions in accordance with this Act with respect to films, and to otherwise enforce and administer this Act.
Classification officers, licensing officers and enforcement officers
4.—(1)  The Authority may appoint any officer of the Authority as all or any of the following:
(a)a classification officer for the administration and enforcement of any provision of this Act or its subsidiary legislation in relation to classification of films;
(b)a licensing officer for the administration and enforcement of any provision of this Act or its subsidiary legislation in relation to licensing;
(c)an enforcement officer for exercising powers conferred by a provision of this Act or its subsidiary legislation on an enforcement officer.
(2)  An enforcement officer may exercise powers conferred under this Act or its subsidiary legislation only to the extent authorised by the Authority, which may include being directed by another suitably senior enforcement officer.
(3)  The Authority must issue to each enforcement officer an identification card, which must be carried at all times by the officer when exercising his powers under this Act or its subsidiary legislation.
(4)  It is not an offence under this Act for any person to refuse to comply with any request, demand or order made or given by any enforcement officer who fails to declare his office and refuses to produce his identification card on demand being made by that person.”.
Amendment of section 4A
5.  Section 4A of the Films Act is amended by deleting the word “Board” in subsections (1) and (2) and substituting in each case the word “Authority”.
Amendment of section 5
6.  Section 5 of the Films Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(1)  Subject to subsection (4), the Authority may delegate to —
(a)a classification officer the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act or its subsidiary legislation relating to classification of films; or
(b)a licensing officer the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act or its subsidiary legislation relating to licensing,
and any reference to the Authority in that provision includes a reference to such a classification officer or licensing officer, as the case may be.”;
(b)by deleting the word “Board” in subsection (2) and in the section heading and substituting in each case the word “Authority”; and
(c)by deleting subsections (3) and (4) and substituting the following subsections:
“(3)  A delegation under subsection (1) may be general or in a particular case, and may be subject to such conditions or limitations as set out in this Act or as the Authority may specify.
(4)  Nothing in this section authorises the Authority delegating the power of delegation conferred by this section.”.
Repeal and re-enactment of section 6
7.  Section 6 of the Films Act is repealed and the following section substituted therefor:
“Licence to import, distribute or publicly exhibit film
6.—(1)  A person must not —
(a)import any film in the course of any business;
(b)distribute any film in the course of any business; or
(c)publicly exhibit any film in the course of any business,
unless the person is authorised to do so by a licence or class licence.
(2)  A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.”.
Amendment of section 7
8.  Section 7 of the Films Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(1)  An application for a licence must be made to the Authority, be accompanied by an application fee (if prescribed), and be made in the form or manner determined by the Authority.”;
(b)by deleting the words “Licensing Officer” in subsection (2) and substituting the word “Authority”; and
(c)by deleting subsection (3) and substituting the following subsections:
“(3)  A licence may be granted in such form as the Authority determines.
(4)  Subject to subsection (5), the Authority may, at any time, modify the conditions of a licence.
(5)  Unless the Authority considers it impractical or undesirable in the circumstances of the case, the Authority must, before proceeding to modify any condition of a licence under subsection (4), give the licensee concerned notice in writing of its intention to do so, and an opportunity to make a representation, within such time as may be specified in the notice, as to why the condition should not be modified.”.
Repeal and re-enactment of section 8
9.  Section 8 of the Films Act is repealed and the following section substituted therefor:
“Security
8.—(1)  The Authority may, upon granting a licence, require the licensee to give a performance bond, guarantee or other form of security on such terms and conditions and of such amount as the Authority considers appropriate —
(a)to ensure that the provisions of this Act and its subsidiary legislation, and the conditions of the licence, will be duly observed; and
(b)to meet any financial penalty arising out of any proceedings under section 11 against the licensee.
(2)  If a licensee fails to pay any financial penalty ordered under section 11, the Authority may enforce the payment by forfeiting the whole or any part of any deposit placed by the licensee under this section.
(3)  This section does not affect the operation of section 11.”.
Amendment of section 10
10.  Section 10 of the Films Act is amended by deleting the words “Licensing Officer” wherever they appear and substituting in each case the word “Authority”.
Repeal of sections 11 to 24 and new sections 10A to 24A
11.  Sections 11 to 24 of the Films Act are repealed and the following sections substituted therefor:
“Class licence for certain imports, etc., of certain films
10A.—(1)  The Authority may, by order in the Gazette, determine a class licence that authorises any person to which the order applies —
(a)to import, distribute or publicly exhibit a film of a specified kind in the course of any business;
(b)to import, distribute or publicly exhibit a film in the course of a specified kind of business; or
(c)to import, distribute or publicly exhibit a film of a specified kind in the course of a specified kind of business.
(2)  The Authority may include in the class licence such conditions as it thinks fit, including but not limited to the following:
(a)a condition specifying the places at which, the geographical area within which, or the periods during which, the import, distribution or public exhibition of the film is authorised under the class licence;
(b)a condition that any class licensee under the class licence must comply with a code or standard incorporated by the class licence and made applicable to the person;
(c)a condition that facilitates compliance by class licensees with the classification requirements of this Act,
and the order in the Gazette must include all the conditions of the class licence.
(3)  Different conditions may be specified for different types of activities described in subsection (1).
(4)  Subject to this section, the Authority may, by order in the Gazette, vary the class licence by —
(a)varying or revoking any condition specified in the class licence; or
(b)specifying additional conditions of the class licence.
(5)  Before varying a class licence under subsection (4) or revoking the order under subsection (1) and ending a class licence, the Authority must, unless it considers it impractical or undesirable in the circumstances of the case, cause to be published, in accordance with subsection (6), a written notice that —
(a)states that it proposes to vary the class licence, or to end the class licence;
(b)describes the proposed variation or ending; and
(c)invites interested persons to make representations about the proposed variation or ending by a specified date that is at least one month after the date of publication of the notice.
(6)  A notice under subsection (5) must be published on the Authority’s website or in one or more other forms that are readily accessible by the public.
(7)  The Authority must, before varying a class licence under subsection (4) or revoking the order under subsection (1) and ending a class licence, give due consideration to any representations made to it pursuant to the notice given in accordance with subsection (5).
(8)  The import, distribution or public exhibition of a film by any person to which an order under subsection (1) applies is deemed authorised by a licence if it is done in accordance with the conditions of the class licence.
Regulatory action against licensees, etc.
11.—(1)  Subject to this section, the Authority may, without compensation, by order in writing, take regulatory action described in subsection (2) against a licensee or class licensee if the Authority is satisfied that —
(a)the licensee is contravening or has contravened any condition of its licence, or the class licensee is contravening or has contravened any condition of the class licence, which contravention is not an offence under this Act;
(b)the licensee or class licensee has been convicted, on or after the date of commencement of section 11 of the Films (Amendment) Act 2018 but during the term of its licence or the class licence, of any offence under this Act or its subsidiary legislation which is committed on or after that date;
(c)the licence had been obtained by the licensee by fraud or misrepresentation;
(d)the licensee or class licensee has ceased —
(i)to import or distribute films in the course of any business; or
(ii)to publicly exhibit films in the course of any business;
(e)the licensee or class licensee has been declared bankrupt, or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
(f)the licensee or class licensee has failed to comply with a requirement under section 8 or subsection (2)(b)(iv) or an order under this section to pay a financial penalty;
(g)the licensee has imported or distributed, or publicly exhibited, as the case may be, films in the course of business in contravention of any order of the Authority made under subsection (2)(b)(ii) or (iii); or
(h)the public interest so requires.
(2)  The regulatory action that the Authority may take against a licensee or class licensee is as follows:
(a)with or without forfeiting any security furnished by the licensee under section 8 or this section —
(i)revoke a licence of that licensee; or
(ii)disapply the class licence in an order under section 10A(1) with respect to that class licensee;
(b)in lieu of paragraph (a), all or any of the following:
(i)suspend the licence or the application of the class licence (as the case may be) for a period not exceeding 6 months;
(ii)for a licensee, remove from the licence any place specified in the licence at which the licensee is authorised to distribute or publicly exhibit a film;
(iii)for a licensee, modify the conditions of the licence, about the import, distribution or public exhibition, as the case may be, of films by the licensee;
(iv)for a licensee, require the licensee to furnish additional security in the form mentioned in section 8;
(v)for a licensee, forfeit the whole or part of any security furnished by the licensee under section 8 and this section but not exceeding the limit in sub‑paragraph (vi);
(vi)for a licensee or class licensee, direct it to pay, within a period specified, a financial penalty of such amount as the Authority thinks fit, being not more than $10,000.
(3)  Before exercising any powers under this section, the Authority must, unless it is not practicable or desirable to do so in the circumstances of the case, give written notice to the licensee or class licensee concerned —
(a)stating that the Authority intends to take regulatory action against the licensee or class licensee under subsection (1);
(b)specifying the type of regulatory action in subsection (2) the Authority proposes to take, and each instance of non‑compliance that is the subject of the regulatory action; and
(c)specifying the time (being not less than 7 days and not more than 28 days after the date the written notice is served on the licensee or class licensee) within which written representations may be made to the Authority with respect to the proposed regulatory action.
(4)  The Authority may decide to take the appropriate regulatory action described in subsection (2) —
(a)after considering any written representation made to it pursuant to the written notice mentioned in subsection (3); or
(b)after the time delimited in the written notice under subsection (3)(c) lapses, where no representation is so made.
(5)  However, subsection (3) does not apply where the licensee or class licensee has died or is adjudged a bankrupt, or has been dissolved or wound up, or has otherwise ceased to exist.
(6)  Where the Authority decides under subsection (1) to take regulatory action against a licensee or class licensee, the Authority must serve on the licensee or class licensee concerned a written notice of that decision.
(7)  Any decision by the Authority under subsection (1) does not take effect until the Authority has served the written notice in subsection (6) on the licensee or class licensee concerned, or on a later date specified in that notice.
(8)  An appeal under section 28 against any decision of the Authority under subsection (1) does not prevent that decision from taking effect in accordance with subsection (7).
(9)  Where a decision to revoke a licence or to disapply a class licence under subsection (1) becomes effective —
(a)the Authority must cause notice of the revocation or disapplication (as the case may be) to be published on the Authority’s website; and
(b)as from the date the decision takes effect, the former licensee or former class licensee concerned must stop importing, distributing or publicly exhibiting films except to the extent specially approved by the Authority.
(10)  Any revocation or suspension of any licence, and any disapplication or suspension of the application of a class licence, does not prejudice —
(a)the enforcement by any person of any right or claim against the licensee or class licensee, or the former licensee or former class licensee (as the case may be); or
(b)the enforcement by the licensee or former licensee, or class licensee or former class licensee (as the case may be), of any right or claim against any person.
(11)  In any proceedings under this section in relation to the conviction of a licensee or class licensee for an offence, the Authority may accept the licensee’s conviction as final and conclusive.
(12)  If the financial penalty imposed under this section in relation to any regulatory action taken by the Authority exceeds the total amount of the deposit placed by the licensee under section 8 and this section, the amount of the excess is a debt due to the Authority.
Permit to remove imported films
12.—(1)  A person must not remove any film —
(a)in the case of a film imported by sea, from the vessel by which the film was imported or from any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A);
(b)in the case of a film imported by air, from the airport; or
(c)in the case of a film imported by land, from a post office, railway station or other place of arrival,
except under the authority of a permit from the Authority.
(2)  The permit mentioned in subsection (1) must be in the form, and for the validity period, that the Authority determines.
(3)  A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(4)  This section does not apply to any film which is classified.
Types of classification and classification ratings
13.—(1)  The Minister must, by order in the Gazette, prescribe —
(a)the different types of classifications for films;
(b)the ratings for each type of classification giving information about the classification (called in this Act classification ratings); and
(c)the markings for each type of classification rating.
(2)  An order made under subsection (1) may prescribe different types of classification ratings for different kinds of films.
(3)  For the purposes of this Act, the classification stating that a film is fit for viewing by any member of the public of any age is the lowest classification.
Applications for film classification or re-classification
14.—(1)  An application for classification or re‑classification of a film must —
(a)be made to the Authority in the form and manner the Authority determines; and
(b)be accompanied by —
(i)the fee prescribed (if any) for the classification which is sought in that application;
(ii)other documents or information prescribed (if any) for that category of film; and
(iii)any other information that the Authority may require in that particular case.
(2)  The Authority may decline to deal with an application under subsection (1) for classification or re‑classification of a film, or decline to deal further with that application, if —
(a)the applicant fails —
(i)to provide or make available a copy of the film for screening or demonstration before the Authority;
(ii)to demonstrate the film before the Authority;
(iii)in the case of a film that is designed for use wholly or principally as a video game, to provide to the Authority recordings of the gameplay; or
(iv)to furnish the information required under subsection (1)(b); or
(b)in the opinion of the Authority, the copy of the film or the recordings of the gameplay (as the case may be) provided are incomplete or inadequate to allow a proper consideration of the application.
(3)  The Authority may retain a copy of any film that is the subject of an application under this section for so long as the Authority requires.
Classification and re-classification of films
15.—(1)  Subject to subsection (10), on receipt of an application under section 14 for classification or re‑classification of a film, or on the referral of the Minister under section 24A(1)(b), the Authority may, after viewing the film —
(a)classify or re‑classify the film, as the case may be; or
(b)provisionally classify or re‑classify the film (as the case may be) subject to such alterations or excisions as the Authority may specify.
(2)  Where —
(a)a decision of a film content assessor assigning a classification rating in relation to a film is, by the operation of section 20(1), deemed to be a decision of the Authority classifying the film; and
(b)the Authority is of the opinion that the Authority would have given the film a different classification rating (whether on its own initiative under subsection (3) or on application under section 14),
the Authority may, after viewing the film, revoke the classification by the film content assessor and then re‑classify the film by giving the film a different classification rating.
(3)  Subject to subsection (10), the Authority may, on its own initiative, call in a classified film for re‑classification purposes or an unclassified film for classification purposes and, after viewing the film —
(a)classify or re‑classify the film, as the case may be; or
(b)provisionally classify or re‑classify the film (as the case may be) subject to such alterations or excisions as the Authority may specify.
(4)  However, where after viewing a film, the Authority is of the opinion that the film is within the ambit of section 16, the Authority must refuse to classify the film (after revoking any prior classification for the film), and give reasons for that decision.
(5)  The matters to be taken into account by the Authority in making a decision under this section on the classification or re‑classification for a film include —
(a)the standards of morality, decency and propriety generally accepted by reasonable adults in Singapore;
(b)the literary, artistic or educational merit (if any) of the film;
(c)the general character of the film; and
(d)the person or class of persons to or amongst whom the film is distributed or publicly exhibited, or is intended or likely to be distributed or publicly exhibited.
(6)  Before making its decision under subsection (1), (2), (3) or (4) and for the purpose of forming an opinion on which to base such decision, the Authority may consult an advisory committee or any other person in respect of the film; but the Authority is not bound by any advice from the consultation.
(7)  In classifying or re‑classifying a film, the Authority must assume that the film will be distributed or publicly exhibited only in the form in which it is being considered for classification or re‑classification under this section.
(8)  In classifying or re‑classifying any film under subsection (1), (2) or (3), the Authority may also determine the consumer advice giving information about the content of the film.
(9)  A provisional classification or re‑classification for a film —
(a)lapses at the end of 6 months after it is made; and
(b)is deemed a classification for that film upon the Authority confirming in writing that all the conditions contained in its provisional classification have been complied with before the end of the period in paragraph (a).
(10)  This section does not authorise the Authority to exercise any power under this section in relation to a film —
(a)that is an obscene film, a party political film or a prohibited film;
(b)that the Minister has or is deemed to have refused classification on the ground that it is against national security for the film to be classified; or
(c)in respect of which the Committee of Appeal has, on appeal to it, made a decision (whether before, on or after the date of commencement of section 11 of the Films (Amendment) Act 2018), unless —
(i)more than 5 years have lapsed after the decision of the Committee of Appeal takes effect; or
(ii)the Authority earlier changes any part of its classification guidelines, being a change that relates to any part of the film’s content.
Calling in films for classification or re‑classification
15A.—(1)  For the purpose of section 15(3), a film may be called in for classification or re‑classification by the Authority giving an order in writing to —
(a)a licensee or class licensee who is distributing or publicly exhibiting the film where it is a classified film; or
(b)a maker or other person in possession of the film where it is an unclassified film.
(2)  An order under subsection (1) may require a person given the order to do the following within a period specified in the order:
(a)to provide or make available a copy of the film for screening or demonstration before the Authority;
(b)to demonstrate the film before the Authority;
(c)in the case of a film that is designed for use wholly or principally as a video game, to provide to the Authority recordings of the gameplay;
(d)to provide such other information about the film that the Authority may require in that particular case.
(3)  A person who, without reasonable excuse, fails to do anything required of the person by an order under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Supplementary provisions for film classification, etc.
15B.—(1)  For any viewing of a film for the purposes of section 15(1), (2), (3) or (4), only the following individuals, or a combination of such individuals, may be present at the viewing:
(a)a member of the Authority;
(b)a classification officer to whom the Authority has delegated its functions under section 5(1);
(c)the projectionist of the film if the film is screened;
(d)a member of the advisory committee which the Authority intends to consult with regard to the film;
(e)any public officer or other individual whom the Authority thinks may assist it in making such a decision.
(2)  As soon as practicable, but not later than 14 days, after a decision is made under section 15(1), (2), (3) or (4) in respect of a film, the Authority —
(a)must give to an applicant written notice of its decision under section 15 in respect of the applicant’s application for classification or re‑classification of the film; and
(b)must, in the case of re‑classification of a film (whether on the own initiative of the Authority or on application), publish the decision on the Authority’s website, or in one or more other forms that are readily accessible by the public.
Refused classification for certain films
16.—(1)  Despite anything in this Act, the Authority, the Committee of Appeal and an individual who is registered as a film content assessor must refuse to classify any film that —
(a)is an obscene film;
(b)is a party political film;
(c)is a prohibited film;
(d)is against national security to be classified; or
(e)contains any material prescribed.
(2)  A film which is refused classification is an unclassified film.
De-classification of classified film
17.—(1)  If the content of a classified film is modified, the film as modified becomes unclassified when the modification is made; and the classification for the film with the modification is also deemed to be then revoked.
(2)  Without prejudice to subsection (1), the Authority may revoke the classification for a film if it is of the opinion that —
(a)the film contains contentious material that was not brought to the Authority’s attention before the classification was made; or
(b)the Authority would have given the film a different classification if it had been aware of the material before the classification was made.
(3)  Subsection (1) does not apply to a modification that consists of —
(a)the addition or removal of navigation functions (such as but not limited to an interactive menu); or
(b)any content or material that is prescribed as not likely to cause the film to be given a different classification rating.
(4)  Where the classification for a film is revoked under subsection (1) or (2), the Authority must —
(a)without delay notify the person who applied for the classification of that film under section 14 (unless the person cannot be found after reasonable inquiry) of the revoking of the film’s classification and the effective date of the revocation; and
(b)cause to be published in the Gazette, a notice of the revoking of the film’s classification and the effective date of the revocation.
(5)  However, failure to publish a notice under subsection (4)(b) in respect of any revocation of the classification for a film does not invalidate the revocation where notice thereof has been given under subsection (4)(a).
(6)  To avoid doubt, it is declared that where a classification certificate in respect of a film is revoked or deemed to be revoked under this section, that revocation applies in respect of each copy of that film as it applies to that film.
Classification certificates and labels
18.—(1)  The Authority must —
(a)issue a classification certificate for each film that is classified under section 15, 26 or 27, or re‑classified under section 15, 26 or 27; and
(b)make available a label (called in this Act a classification label) to be affixed to the film.
(2)  The Authority may impose in relation to a classification certificate such conditions as it thinks fit relating to the circumstances of distribution or public exhibition of the film to which the classification certificate relates.
(3)  A classification certificate issued in respect of a classified film must include —
(a)the classification ratings for the classification given to the film;
(b)any consumer advice for the film; and
(c)the conditions about the display of the classification ratings and consumer advice (if any), on —
(i)any advertisement of the film; and
(ii)the container, wrapping, casing, box or other thing in or with which the film is to be distributed.
(4)  Where a classification certificate is issued and in force in respect of a film, that certificate applies to each copy of the film that is identical in content with it as if that copy were that film and, for that purpose, any reference in this Act to that film includes a reference to every copy of that film.
(5)  A classification label in respect of a film must —
(a)show the markings for the classification rating for the classification given to the film; and
(b)be affixed, in the manner prescribed (if any), to every copy of the film before the film is distributed or publicly exhibited.
(6)  In any proceedings for an offence under this Act, if a copy of a film or a container of the film is distributed or publicly exhibited with a classification label affixed to it in accordance with subsection (5), the label is sufficient evidence of the fact that the film is a classified film of the classification rating stated on that label unless the contrary is established.
(7)  Where the Authority issues a classification certificate for any film, it may, where the Authority considers appropriate, require the person who applied under section 14 for classification or re‑classification of the film to deposit with the Authority a copy of the film identical in content to that which was classified, and in the form the Authority specifies —
(a)not later than 14 days after the date the classification certificate was issued; or
(b)within such longer period as the Authority may allow in any particular case.
(8)  A person who, without reasonable excuse, fails to comply with any requirement of the Authority under subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Film content assessors
19.—(1)  Subject to this Act, the Authority may, by registering an individual under this section, authorise the individual to do all the following work (whether or not for reward):
(a)view and assess the content of a film that has not been classified or is not deemed classified by the Authority or the Committee of Appeal for the purpose of classifying the film’s content;
(b)assign a classification rating for the film that would, if classified by the Authority, be substantially likely to be classified not higher than the prescribed classification rating (called in this Act the maximum permitted classification rating);
(c)submit to the Authority a report of the assessment and the classification rating which the individual assigns to the film.
(2)  An individual is eligible to be registered as a film content assessor or have the individual’s registration so renewed only if —
(a)the individual has paid the fees prescribed (if any) for the registration or renewal;
(b)the individual satisfies the Authority that he has successfully completed the training decided by the Authority; and
(c)the individual satisfies such other requirements as the Authority determines for such registration or renewal.
(3)  Without limiting subsection (2), the Authority may refuse to register, or renew the registration of, an individual as a film content assessor if, in the opinion of the Authority —
(a)the individual is not of good character and reputation; or
(b)there are reasonable grounds for believing that the individual will not carry out the duties of a film content assessor in accordance with this Act or its subsidiary legislation.
(4)  An individual who is not registered under this section as a film content assessor —
(a)must not undertake (whether or not for reward) any work specified in subsection (1)(a), (b) or (c); and
(b)must not advertise or hold himself out or describe himself in any way to be registered as a film content assessor.
(5)  An individual who contravenes subsection (4)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Duties of film content assessor
20.—(1)  A film content assessor’s decision assigning a classification rating for an unclassified film is deemed, for the purposes of this Act, to be a decision of the Authority classifying the film.
(2)  However, if —
(a)a film contains contentious material; or
(b)a film would, if classified by the Authority, be substantially likely to be classified higher than the maximum permitted classification rating,
a film content assessor must not view and assess the content of the film with a view to assigning a classification rating for the film, and must not assign a classification rating for that film.
Procedure for registration as film content assessor
20A.—(1)  An application for registration, or to renew any registration, as a film content assessor must be made in the manner, and must be accompanied by the documents and particulars, determined by the Authority.
(2)  Upon receiving an application under subsection (1), the Authority may, after considering the application —
(a)register or renew the registration of (as the case may be) the applicant as a film content assessor, with or without conditions; or
(b)refuse the registration or renewal, as the case may be.
(3)  Every registration as a film content assessor —
(a)is in force for the period specified by the Authority (being no longer than 24 months), unless earlier cancelled under section 20B; and
(b)may be renewed for a period specified by the Authority (being also no longer than 24 months).
Regulatory action against registered film content assessor
20B.—(1)  Subject to subsection (3), the Authority may, by order in writing, and without any compensation, cancel the registration of an individual as a film content assessor, or take all or any regulatory action specified in subsection (2) against the individual, where the Authority is satisfied that —
(a)the individual obtained his registration, or the renewal of his registration, by fraud or misrepresentation;
(b)the individual no longer satisfies any of the requirements in section 19(2)(b) or (c) by virtue of which he was registered under that section;
(c)the individual is convicted, on or after the date of commencement of section 11 of the Films (Amendment) Act 2018 and during the period the individual’s registration is in force, of any of the following which is committed on or after that date:
(i)an offence under this Act or its subsidiary legislation;
(ii)an offence under other written law involving fraud or dishonesty;
(d)the individual is, for any medical or other reason, no longer in a position to effectively carry out the duties of a film content assessor under this Act and its subsidiary legislation;
(e)the individual has contravened section 20(2);
(f)the individual has, without reasonable excuse, not completed such further training in the making of assessments as the Authority has directed the individual to attend;
(g)the individual, without reasonable excuse, fails to pay any financial penalty ordered under subsection (2)(a); or
(h)the individual has engaged in conduct rendering the individual unfit to be a film content assessor.
(2)  The regulatory action that the Authority may take in lieu of cancelling registration as a film content assessor is all or any of the following:
(a)to require the payment of a financial penalty not exceeding $5,000 for conduct that does not constitute an offence under this Act;
(b)to suspend (for a period not exceeding 6 months) the registration of an individual as a film content assessor.
(3)  The Authority must not exercise any of its powers under subsection (1) or (2) unless an opportunity of being heard has been given to the film content assessor against whom the Authority intends to exercise any of those powers, being a period of at least 14 days and not more than 28 days.
(4)  Where the Authority has made an order under subsection (1) or (2), the Authority must serve on the film content assessor concerned a notice of the order.
(5)  Subject to subsection (6), an order by the Authority under subsection (1) or (2) does not take effect until the day after the Authority has served on the film content assessor concerned the notice mentioned in subsection (4).
(6)  An appeal under section 28 against any order under subsection (1) or (2) does not prevent that order taking effect in accordance with subsection (5).
(7)  However, the Authority may, without complying with subsections (3) to (6), by order in writing cancel with immediate effect the registration of a film content assessor who has died.
(8)  Where an order under subsection (1) or (2) cancelling or suspending the registration of an individual as a film content assessor becomes effective, the Authority must remove the name and particulars of that individual from the register of film content assessors.
(9)  If the registration of an individual as a film content assessor is suspended under this section for any period, then the Authority must, immediately after the period of suspension ends, reinstate the individual’s name and particulars on the register of film content assessors.
(10)  In any proceedings under this section in relation to the conviction of a film content assessor for a criminal offence, the Authority may accept the conviction as final and conclusive.
(11)  Any financial penalty imposed under this section may be recovered by the Authority as a debt due to it.
(12)  For the purpose of subsection (1)(h), a film content assessor may be treated as having engaged in conduct that renders him unfit to be a film content assessor if the film content assessor —
(a)had assigned a classification rating for 2 or more films which are re‑classified by the Authority under section 15; or
(b)had assigned a classification rating for a film which is re‑classified by the Authority under section 15(2) and —
(i)the original classification is 2 or more levels lower than the re‑classification of the film by the Authority; or
(ii)the assessment of the content of the film which the film content assessor prepared and submitted to the Authority for the original classification is misleading or incorrect or contains grossly inadequate information.
Register of film content assessors
20C.—(1)  The Authority must keep and maintain a register of film content assessors containing the names and other relevant particulars of all individuals who are registered as film content assessors under this Act.
(2)  The absence of the name of any individual from the register of film content assessors is prima facie evidence that the individual is not a film content assessor registered under this Act or that the individual’s registration is cancelled or suspended.
(3)  The register of film content assessors must be published on the Authority’s website, or on such other medium which is accessible to members of the public as the Minister may require.
Offences involving unclassified films, etc.
21.—(1)  A person commits an offence if —
(a)the person —
(i)distributes or publicly exhibits an unclassified film; or
(ii)has in the person’s possession a film that is an unclassified film, with the intention of distributing or publicly exhibiting the film; and
(b)the person knows or ought reasonably to have known that, or is reckless as to whether, the film is an unclassified film.
(2)  A person commits an offence if —
(a)the person distributes or publicly exhibits a film with a title that is not the same as the title by which the film is classified; and
(b)the person knows or ought reasonably to have known that, or is reckless as to whether, the film’s title is not the same as the title by which the film is classified.
(3)  A person commits an offence if —
(a)the person distributes or publicly exhibits a film with contents that are not the same as that in which the film is classified; and
(b)the person knows or ought reasonably to have known that, or is reckless as to whether, the film’s contents are not the same as that in which the film is classified.
(4)  Subsections (2) and (3) do not apply to a film the contents of which are modified, and the modification is only that mentioned in section 17(3).
(5)  A person commits an offence if —
(a)the person distributes a classified film —
(i)without a classification label made available under section 18 for that film affixed to the film;
(ii)affixed with a classification label showing a classification rating otherwise than in accordance with the classification assigned to that film under this Act; or
(iii)affixed otherwise than in accordance with the manner prescribed (if any), with a classification label made available under section 18 in respect of that film; and
(b)the person knows or ought reasonably to have known that, or is reckless as to whether —
(i)no classification label made available under section 18 for that film is affixed to the film;
(ii)a classification label showing a classification rating otherwise than in accordance with the classification assigned to that film under this Act is affixed to the film; or
(iii)a classification label made available under section 18 in respect of that film is affixed otherwise than in accordance with the manner prescribed,
as the case may be.
(6)  A person commits an offence if —
(a)the person distributes a classified film without the consumer advice applicable to the film displayed on the film or the container, wrapping, casing, box or other thing in or with which the film is distributed; and
(b)the person knows or ought reasonably to have known that, or is reckless as to whether the consumer advice applicable to the film is so displayed.
(7)  Where conditions have been imposed under section 18(2) on the classification certificate issued for a film and the conditions relate to the distribution or public exhibition of the film to persons below specified ages or at specified places, a person commits an offence if the person distributes or publicly exhibits the film to an individual knowingly, negligently or recklessly in contravention of any such condition.
(8)  A person who commits an offence under subsection (1), (2), (3), (5), (6) or (7) shall be guilty of an offence and shall be liable on conviction —
(a)in respect of an offence under subsection (1), (2) or (3), to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)in respect of an offence under subsection (5), (6) or (7), to a fine not exceeding $5,000.
(9)  In a prosecution of an offence for contravening subsection (7) in relation to a distribution or public exhibition of a film to persons below a specified age in contravention of a condition in the classification certificate for that film, it is a defence for the defendant to prove, on a balance of probabilities, that at or before the time of the distribution or public exhibition, there was produced to the defendant documentary evidence that might reasonably be accepted —
(a)as applying to the person to whom the film was distributed or publicly exhibited; and
(b)as proving that the person was at least that specified age.
(10)  A reference in this section to an unclassified film does not include a reference to an obscene film or exempt film, or a party political film or prohibited film.
Offences about advertisements for films
22.—(1)  A person must not publish an advertisement for a film that is distributed or publicly exhibited or intended for distribution or public exhibition if —
(a)the advertisement —
(i)is disapproved under section 22A; or
(ii)was approved under section 22A and the approval is then revoked under that section; and
(b)the person knows or ought reasonably to have known that the advertisement —
(i)is disapproved under section 22A; or
(ii)was approved under section 22A and the approval is then revoked under that section.
(2)  If an advertisement for a film is approved under section 22A, a person must not publish the advertisement in a form different from the form in which it was approved, if the person knows or ought reasonably to have known that the form of the advertisement is different from the form in which the advertisement was approved.
(3)  If an advertisement for a film is approved under section 22A, and the advertisement is approved subject to conditions, a person must not publish the advertisement except in accordance with those conditions.
(4)  A person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(5)  This section does not apply to or in relation to —
(a)any advertisement for a film that is not distributed or publicly exhibited in Singapore;
(b)an advertisement, in an imported film that is in a form that cannot be modified, for a film that has not been distributed or publicly exhibited in Singapore (called the advertised film), whether or not that advertised film is later distributed or publicly exhibited in Singapore;
(c)advertising by way of a product —
(i)that refers to, or is derived from, a film;
(ii)that is primarily intended to be distributed to the general public or to a section of the general public; and
(iii)that a reasonable person would not consider to be a primary source of classification information for consumers about the film;
(d)any advertisement for an exempt film;
(e)any trailer that is a classified film; and
(f)any other advertisement for a film excluded by the Minister by order in the Gazette.
Approval of advertisements for films
22A.—(1)  Every advertisement for a film that is intended for distribution or public exhibition must be submitted to the Authority for approval.
(2)  An application under subsection (1) for approval of an advertisement for a film must —
(a)be made to the Authority in the form and manner the Authority determines; and
(b)be accompanied by —
(i)a copy of the advertisement concerned;
(ii)the prescribed fee, if any;
(iii)such information as may be prescribed, if any; and
(iv)such other information as the Authority may require in that particular case.
(3)  On receipt of an application under subsection (2), the Authority —
(a)may approve the advertisement to which the application relates, with or without conditions; or
(b)may refuse to approve the advertisement.
(4)  The Authority is entitled to disapprove, or revoke any approval under this section for, an advertisement for a film if the film is a film which the Authority must refuse classification because of section 16.
(5)  The Authority may revoke any approval under this section for an advertisement for a film if the film becomes unclassified or is re‑classified.
Measures to ensure compliance, etc.
23.—(1)  The Authority, an enforcement officer, or a classification officer or licensing officer, may by written notice require any licensee or other person (called a person of interest) to furnish, within a reasonable period and in the form and manner specified in the notice, all documents and information which —
(a)relate to any matter which the Authority considers necessary —
(i)to ensure that the provisions of this Act and its subsidiary legislation, or any conditions imposed on a licence or classification certificate, are being complied with; or
(ii)to otherwise carry out the functions or duties of or assigned to the Authority by or under this Act; and
(b)are within the knowledge of that licensee or person of interest, or in or under the custody or control of that licensee or person, as the case may be.
(2)  The power to require a licensee or person of interest to furnish any document or information under subsection (1) includes the power —
(a)to require that licensee or person of interest, or any individual who is or was an officer, agent or employee of the licensee or person of interest, to provide an explanation of the document or information;
(b)if the document or information is not furnished, to require the licensee or person of interest, or that individual mentioned in paragraph (a), to state, to the best of the knowledge and belief of that licensee, person or individual, where the document or information is; and
(c)if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority, enforcement officer, or classification officer or licensing officer (as the case may be) in legible form.
(3)  The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, furnished to it under subsection (1).
(4)  For the purpose of determining whether the provisions of this Act and its subsidiary legislation or any conditions imposed on a licence or classification certificate, are being complied with, an enforcement officer is entitled, at all reasonable times, to full and free access to any place which the enforcement officer reasonably believes is a place where films are distributed or publicly exhibited and —
(a)to examine or observe any activity conducted in or on the place;
(b)to inspect and examine any thing in or on the place;
(c)to make any still or moving image or any recording of the place or any thing in or on the place;
(d)to inspect any document in the place and take extracts from, or make copies of, any such document;
(e)to take into or onto the place such equipment and materials as the enforcement officer requires for the purpose of exercising powers in relation to the place;
(f)to operate electronic equipment in or on the place;
(g)to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place, where the enforcement officer believes on reasonable grounds that —
(i)the thing is evidential material, or is used or intended to be used for the purpose of contravening any conditions imposed on a licence or classification certificate; and
(ii)it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and
(h)to require any individual found in or on the place to answer any question (to the best of that individual’s knowledge, information and belief) and to furnish any document or information.
(5)  The power under subsection (4)(f) to operate electronic equipment in or on any place includes the power —
(a)to use a disk, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment;
(b)to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and
(c)to operate electronic equipment in or on the place to transfer the relevant data to a disk, tape or other storage device that —
(i)is brought to the place for the exercise of the power; or
(ii)is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place,
and to remove the disk, tape or other storage device from that place.
(6)  The power under subsection (4)(g) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power —
(a)to secure the thing by locking it up, placing a guard or any other means; and
(b)to prohibit any person from dealing with such thing.
(7)  A person —
(a)who intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1), or under subsection (4)(h), to furnish; or
(b)who, in furnishing any document or information required under subsection (1), or under subsection (4)(h), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(8)  A person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1), or under subsection (4)(h), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(9)  However, an individual or a person is not subject to a requirement under subsection (4)(h) or (8) if —
(a)the individual or person does not possess the document or information required; or
(b)the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and has been unable to obtain it.
(10)  To avoid doubt, for the purposes of subsection (8), it is a reasonable excuse for a person to refuse or fail to furnish any information, produce any document or answer any question if doing so might tend to incriminate that person.
(11)  The references in this section —
(a)to a licensee include a reference to every person who is a class licensee or who is registered as a film content assessor; and
(b)to documents or information include a reference to any film (whether classified or not) and any advertisement for a film.
Appeal against classification decisions
24.—(1)  In this section and section 24A, “appealable classification decision” means a decision by the Authority —
(a)refusing to classify or re‑classify a film under section 15 because —
(i)it is against national security; or
(ii)of any other ground in section 16;
(b)classifying or re‑classifying a film under section 15;
(c)determining the consumer advice to apply to a film under section 15;
(d)imposing conditions under section 18 —
(i)about the display of the classification ratings, markings and consumer advice (if any), on any advertisement for the film or on the container, wrapping, casing, box or other thing in or with which the film is to be distributed; or
(ii)relating to the circumstances of distribution or public exhibition of a film to which any classification certificate relates;
(e)revoking the classification for a film under section 17(2); or
(f)disapproving, or revoking the approval of, an advertisement for a film under section 22A, or imposing conditions on such an approval.
(2)  Any of the following persons who is aggrieved by an appealable classification decision relating to a film (each called an appellant) may appeal against the decision:
(a)the person who applied for classification or re‑classification of a film;
(b)the person who is the maker of a classified film if the applicant under section 14 for classification or re‑classification of the film is not the maker;
(c)the person who intends to distribute or publicly exhibit a film if the applicant under section 14 for classification or re‑classification of the film is not that person;
(d)the film content assessor whose classification for a film is revoked under section 15(2).
(3)  For an appealable classification decision described in subsection (1)(f), an applicant for approval of an advertisement for a film under section 22A who is aggrieved by the decision relating to that advertisement (also called an appellant) may appeal against the decision.
(4)  An appeal against an appealable classification decision described in subsection (1)(a)(i) may only be made —
(a)to the Minister; and
(b)within 30 days after the applicant is notified of that decision (called the first appeal period) or such longer period as the Minister allows in exceptional circumstances before the end of the first appeal period.
(5)  An appeal against any other appealable classification decision described in subsection (1) may only be made —
(a)to the Committee of Appeal; and
(b)within —
(i)30 days after the applicant is notified of an appealable classification decision (called the first appeal period) or such longer period as the Committee of Appeal allows in exceptional circumstances before the end of the first appeal period; or
(ii)for an appellant who is a film content assessor, 30 days after the notice of the film’s re‑classification is first published pursuant to section 15B(2)(b) (called the first appeal period) or such longer period as the Committee of Appeal allows in exceptional circumstances before the end of the first appeal period.
(6)  Every appeal under this section must be made in the manner prescribed or, if not prescribed, in the manner required by the Minister or the Committee of Appeal, as the case may be.
(7)  An appealable classification decision takes effect despite any appeal against the decision and remains in effect until the decision is varied or reversed on appeal.
Minister’s decision on appeal against classification decisions
24A.—(1)  The Minister may determine an appeal against an appealable classification decision described in section 24(1)(a)(i) —
(a)by confirming the appealable classification decision; or
(b)by reversing the refusal to classify the film in question and referring that film to the Authority for classification.
(2)  The Minister’s decision under subsection (1) is final.
(3)  Before making his decision under subsection (1) and for the purpose of forming an opinion on which to base such decision, the Minister —
(a)must consult the Committee of Appeal; and
(b)may consult any other person,
in respect of the film; but the Minister is not bound by any advice from the consultation.
(4)  Where a film is referred under subsection (1) for classification, the appellant concerned must, for the purposes of section 15, be taken to have made an application under section 14 for classification of the film.”.
Amendment of section 25
12.  Section 25 of the Films Act is amended —
(a)by deleting the words “15 members” in subsection (1) and substituting the words “at least 15 but not more than 21 members”;
(b)by deleting subsection (2) and substituting the following subsections:
“(2)  Subject to subsections (2A) and (3), each member of the Committee of Appeal holds office for such period (not exceeding 3 years) as the Minister may specify in the member’s letter of appointment.
(2A)  The Minister may at any time revoke the appointment of any member of the Committee of Appeal as the Minister considers necessary in the interest of the effective performance of the functions of the Committee of Appeal under this Act, or in the public interest.”;
(c)by deleting subsection (4) and substituting the following subsection:
“(4)  If a premature vacancy occurs in the office of any member of the Committee of Appeal, the Minister may appoint a person to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed; and “premature vacancy” means a vacancy that occurs in the office of a member of the Committee of Appeal otherwise than because of the expiry of the term of office.”; and
(d)by deleting subsection (7) and substituting the following subsections:
“(7)  In addition to the Chairman’s general vote, the Chairman of the Committee of Appeal or member presiding at a meeting of the Committee has, in the case of an equality of votes, a casting vote.
(8)  A quorum for a meeting of the Committee of Appeal is the number that is at least one‑third the number of its members.
(9)  All members of the Committee of Appeal are deemed to be public servants within the meaning of the Penal Code (Cap. 224).”.
Amendment of section 26
13.  Section 26 of the Films Act is amended —
(a)by deleting subsections (1) and (2) and substituting the following subsections:
“(1)  On receipt of an appeal under section 24, the Committee of Appeal may, after considering the matters mentioned in section 15(5), make an order —
(a)dismissing the appeal and confirming the decision of the Authority; or
(b)varying or reversing the decision of the Authority —
(i)by classifying or re‑classifying the film;
(ii)by modifying the consumer advice in respect of a film; or
(iii)by modifying the conditions imposed under section 18(2) or (3) in relation to the classification certificate issued in respect of the film.
(2)  The Committee of Appeal must deal with an appeal under section 24 in the same way that the Authority deals with an application for classification or re‑classification of a film, and sections 15, 16 and 17 apply for this purpose as if references in each of those sections to the Authority were references to the Committee of Appeal.”; and
(b)by deleting subsection (4) and substituting the following subsection:
“(4)  The Committee of Appeal must without delay communicate its decision on any appeal to the Authority, and the Authority must, if necessary, cancel a classification certificate or issue a fresh classification certificate, or both, in respect of the film and take such other action, if any, as is necessary to give effect to that decision.”.
Amendment of section 27
14.  Section 27 of the Films Act is amended —
(a)by deleting the words “whether it has been approved for exhibition or not for the purpose of considering whether the film should or should not be so approved” in subsection (1) and substituting the words “in respect of which the decision or deemed decision by the Authority is refused classification other than on the ground that it is against national security to be classified, or any film classified or deemed classified or re‑classified by the Authority, for the purpose of considering whether the film should or should not be classified, so classified or be re‑classified”;
(b)by deleting subsection (2) and substituting the following subsections:
“(2)  For the purpose of exercising its power under subsection (1) in respect of a film, the Committee of Appeal may give an order in writing to —
(a)a licensee or class licensee who is distributing or publicly exhibiting the film;
(b)an applicant under section 14 for classification or re‑classification of the film; or
(c)a maker or other person in possession of the film which is an unclassified film.
(2A)  An order under subsection (2) may require a person given the order to do the following within a period specified in the order:
(a)to provide or make available a copy of the film for screening or demonstration before the Committee of Appeal;
(b)to demonstrate the film before the Committee of Appeal;
(c)in the case of a film that is designed for use wholly or principally as a video game, to provide to the Committee of Appeal recordings of the gameplay;
(d)to provide such other information about the film that the Committee of Appeal may require in any particular case.”;
(c)by deleting the words “owner who fails to comply with” in subsection (4) and substituting the words “person who, without reasonable excuse, fails to do anything required of the person by an order under”; and
(d)by inserting, immediately after subsection (4), the following subsection:
“(5)  To avoid doubt, nothing in this section limits the Authority’s powers under section 15.”.
Repeal and re‑enactment of section 28 and new section 28A
15.  Section 28 of the Films Act is repealed and the following sections substituted therefor:
“Appeal to Minister against other decisions of Authority
28.—(1)  In this section, “appealable decision” means a decision by the Authority —
(a)refusing the grant of the licence under section 7;
(b)taking regulatory action under section 11;
(c)refusing to register, or to renew the registration of, an individual as a film content assessor under section 19; or
(d)taking regulatory action against a film content assessor under section 20B.
(2)  Any of the following persons who is aggrieved by an appealable decision in relation to that person (each called an appellant) may appeal against the decision:
(a)an applicant for a licence, for an appealable decision in subsection (1)(a);
(b)a former licensee or former class licensee, for an appealable decision in subsection (1)(b) which is revoking the licence with respect to the former licensee or disapplying the class licence with respect to the former class licensee;
(c)a licensee or class licensee, for any other appealable decision in subsection (1)(b);
(d)an applicant for a registration or renewal of the registration as a film content assessor, for an appealable decision in subsection (1)(c);
(e)a film content assessor or former film content assessor affected by the appealable decision in subsection (1)(d).
(3)  An appeal under this section may only be made by an appellant —
(a)to the Minister in the manner prescribed or, if not prescribed, in the manner required by the Minister; and
(b)within 14 days after the appellant is notified of an appealable decision (called the first appeal period) or such longer period as the Minister allows in exceptional circumstances before the end of the first appeal period.
(4)  The Minister may determine an appeal under this section by confirming, varying or reversing the decision of the Authority in subsection (1) that is the subject of the appeal; and the Minister’s decision is final.
(5)  An appealable decision takes effect despite any appeal against the decision and remains in effect until the decision is varied or reversed on appeal.
(6)  In any appeal under this section against any decision of the Authority in relation to the conviction of an appellant for an offence, the Minister may accept the appellant’s conviction as final and conclusive.
Disposal of unclaimed films
28A.  Any film that is retained by the Authority under section 14(3) or deposited with the Authority under section 18(7), and is not claimed by the applicant for classification or re‑classification of the film —
(a)within 6 months after the date of the Authority’s decision under section 15; or
(b)if there is any appeal under section 24, within 6 months after the date of the decision of the Minister or the Committee of Appeal (as the case may be) on appeal,
may be destroyed or otherwise disposed of as the Authority thinks fit.”.
Amendment of section 29
16.  Section 29 of the Films Act is amended —
(a)by deleting the words “of not less than $20,000 but not more than” in subsection (1)(a) and substituting the words “not exceeding”;
(b)by deleting the words “of not less than $40,000 but not more than” in subsection (1)(b) and substituting the words “not exceeding”;
(c)by deleting the words “of not less than $1,000 for each such film imported (but not to exceed in the aggregate $40,000)” in subsection (2)(a) and substituting the words “not exceeding $40,000”;
(d)by deleting the words “of not less than $2,000 for each such film imported (but not to exceed in the aggregate $100,000)” in subsection (2)(b) and substituting the words “not exceeding $100,000”;
(e)by deleting the words “of not less than $2,000 for each such film he had distributed or in his possession (but not to exceed in the aggregate $80,000)” in subsection (3)(a) and substituting the words “not exceeding $80,000”;
(f)by deleting the words “of not less than $4,000 for each such film he had distributed or in his possession (but not to exceed in the aggregate $100,000)” in subsection (3)(b) and substituting the words “not exceeding $100,000”;
(g)by deleting the words “of not less than $10,000 but not more than” in subsection (4)(a) and substituting the words “not exceeding”; and
(h)by deleting the words “of not less than $20,000 but not more than” in subsection (4)(b) and substituting the words “not exceeding”.
Amendment of section 30
17.  Section 30 of the Films Act is amended —
(a)by deleting the words “of not less than $500 for each such film he had in his possession (but not to exceed in the aggregate $20,000)” in subsection (1) and substituting the words “not exceeding $20,000”;
(b)by deleting the words “of $1,000 for each such film in his possession (but not to exceed in the aggregate $40,000)” in subsection (2)(a) and substituting the words “not exceeding $40,000”; and
(c)by deleting the words “of not less than $2,000 for each such film in his possession (but not to exceed in the aggregate $80,000)” in subsection (2)(b) and substituting the words “not exceeding $80,000”.
Amendment of section 31
18.  Section 31 of the Films Act is amended —
(a)by deleting the words “of not less than $2,000 but not more than” in subsection (1) and substituting the words “not exceeding”;
(b)by deleting the words “of not less than $10,000 but not more than” in subsection (2)(a) and substituting the words “not exceeding”;
(c)by deleting the words “of not less than $20,000 but not more than” in subsection (2)(b) and substituting the words “not exceeding”; and
(d)by deleting the word “printed” in the definition of “advertising poster” in subsection (3).
Amendment of section 32
19.  Section 32(1) of the Films Act is amended by deleting the words “of not less than $20,000 but not more than” in paragraphs (a) and (b) and substituting in each case the words “not exceeding”.
Repeal of section 34 and new sections 34, 34A and 34B
20.  Section 34 of the Films Act is repealed and the following sections substituted therefor:
“Powers for enforcement purposes
34.—(1)  This section provides for the enforcement powers which an enforcement officer may exercise for either or both of the following purposes:
(a)determining whether the following are being complied with:
(i)the provisions of this Act and its subsidiary legislation;
(ii)any conditions imposed on a licence or classification certificate;
(b)determining whether information furnished to the Authority under a provision of this Act or its subsidiary legislation is correct.
(2)  However, an enforcement officer is not authorised by this section —
(a)to enter a place for a purpose in subsection (1) unless —
(i)the occupier of the place consents to the entry; or
(ii)the entry is made under a warrant of a court;
(b)to search a place for a purpose in subsection (1) unless the search is made under a warrant of a court; or
(c)to seize any thing in or on any place for a purpose in subsection (1) unless the seizure is made under a warrant of a court.
(3)  Subject to subsection (2), the following are the enforcement powers that an enforcement officer may exercise in relation to a place for a purpose in subsection (1):
(a)to enter any place;
(b)to search the place and any thing in or on the place;
(c)to examine or observe any activity conducted in or on the place;
(d)to inspect and examine any thing in or on the place;
(e)to make any still or moving image or any recording of the place or any thing in or on the place;
(f)to inspect any document in the place and to take extracts from, or make copies of, any such document;
(g)to take into or onto the place such equipment and materials as the enforcement officer requires for the purpose of exercising powers in relation to the place;
(h)to operate electronic equipment in or on the place;
(i)to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place during the exercise of enforcement powers and the enforcement officer believes on reasonable grounds that —
(i)the thing is evidential material, or is intended to be used for the purpose of contravening any conditions imposed on a licence or classification certificate; and
(ii)it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;
(j)to seize any thing which is found in or on the place during the exercise of enforcement powers that the enforcement officer reasonably suspects is evidential material;
(k)to require any individual found in or on the place to answer any question (to the best of that individual’s knowledge, information and belief) and to furnish any document or information.
(4)  In addition, an enforcement officer may, for a purpose in subsection (1), require any person in Singapore whom the enforcement officer has reason to believe to be acquainted with any facts or circumstances relevant to that purpose to attend before the enforcement officer to answer any question (to the best of that person’s knowledge, information and belief) and to furnish any document or information.
(5)  The power under subsection (3)(h) to operate electronic equipment in or on any place includes the power —
(a)to use a disk, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment;
(b)to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and
(c)to operate electronic equipment in or on the place to transfer the relevant data to a disk, tape or other storage device that —
(i)is brought to the place for the exercise of the power; or
(ii)is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place,
and to remove the disk, tape or other storage device from that place.
(6)  The power under subsection (3)(i) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power —
(a)to secure the thing by locking it up, placing a guard or any other means; or
(b)to prohibit any person from dealing with such thing.
(7)  The power under subsection (3)(j) to seize any thing under warrant includes the power to seize any thing which is similarly so found that is not evidential material of the kind specified in the warrant if —
(a)in the course of searching for the kind of evidential material specified in the warrant, the enforcement officer finds the thing; and
(b)the thing is evidential material for another offence under this Act or its subsidiary legislation.
(8)  Sections 370, 371 and 372 of the Criminal Procedure Code (Cap. 68) apply, with the necessary modifications, when an enforcement officer seizes any thing under subsection (3)(j).
(9)  However, an individual or person is not subject to a requirement under subsection (3)(k) or (4) if —
(a)the individual or person does not possess the document or information required; or
(b)the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and has been unable to obtain it.
(10)  Any statement made by any individual in answer to a question under subsection (3)(k) or (4) must —
(a)be reduced to writing;
(b)be read over to the individual;
(c)if the individual does not understand English, be interpreted for the individual in a language that the individual understands; and
(d)after correction, if necessary, be signed by that individual.
(11)  An enforcement officer may be assisted by other individuals in exercising enforcement powers under this section or section 34A if that assistance is necessary and reasonable.
(12)  The references in this section to documents or information include a reference to any film (whether classified or not) and any advertisement for a film.
Special enforcement powers
34A.—(1)  Despite section 34, a police officer or an enforcement officer may, without warrant, exercise the enforcement powers in that section and special enforcement powers under this section, in relation to a place where the police officer or enforcement officer —
(a)suspects on reasonable grounds that any of the following offences has been or is being committed in or on that place:
(i)an offence under section 6(2) for contravening section 6(1)(c);
(ii)an offence under section 21(1), 29(1), (2), (3) or (4), 30(1) or (2), 31(1) or (2), 32(1), 33 or 35(2); or
(b)has reasonable cause to believe that —
(i)evidence of the commission of an offence mentioned in paragraph (a)(i) or (ii) can be found in or on that place; and
(ii)it is necessary to secure the evidence in order to prevent it from being concealed, lost or destroyed.
(2)  The following are the special enforcement powers that a police officer or an enforcement officer may exercise in relation to a place under subsection (1):
(a)to enter the place, using such force as is reasonably necessary to obtain entry to the place, and to search the place;
(b)to detain any individual found in or on the place until the search of the place is complete;
(c)to seize any film, advertisement for a film, document, or equipment which is used in the commission of any offence specified in subsection (1)(a) and found in or on the place, and which the officer reasonably suspects is evidential material.
(3)  Any person claiming any thing seized under this section or section 34 may, within 48 hours after the seizure, complain about it to a Magistrate, who may determine the matter as follows:
(a)by confirming or disallowing the seizure in whole or part;
(b)by ordering that the thing seized be restored to its owner, subject to such condition which the Magistrate may think fit to impose to ensure that the seized thing is preserved for any purpose for which it may subsequently be required;
(c)by ordering payment to be made to the owner of the thing seized of such amount as the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure.
(4)  Subject to subsection (3), sections 370, 371 and 372 of the Criminal Procedure Code (Cap. 68) apply, with the necessary modifications, when a police officer or an enforcement officer seizes any thing under this section or section 34.
False information and obstruction of performance of official duties
34B.—(1)  If —
(a)a person furnishes a document or gives information (whether orally or in writing) to the Minister, the Authority, the Committee of Appeal, a classification officer or a licensing officer;
(b)the document is furnished, or the statement is made or the information is given, for or in connection with —
(i)an application (whether for that person or for another) for a licence, a permit under section 12 or a renewal of such a licence or permit;
(ii)an application (whether for that person or for another) for approval under section 22A;
(iii)an application to register as a film content assessor under section 19, or to renew such registration;
(iv)a representation made under section 7(5) or 20B(3), or pursuant to a written notice under section 10A(5) or 11(3); or
(v)an appeal under section 24 or 28;
(c)the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information, as the case may be, is misleading; and
(d)the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph (c),
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(2)  Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information does not omit any matter or thing without which the statement or information, as the case may be, is misleading in a material particular.
(3)  A person who knowingly obstructs or prevents, or attempts to obstruct or prevent —
(a)a classification officer or a licensing officer in the discharge of his powers or duties under this Act or its subsidiary legislation;
(b)an enforcement officer from exercising any of the officer’s powers under section 23, 34 or 34A; or
(c)a police officer from exercising any of the officer’s powers under section 34A,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(4)  A person —
(a)who intentionally alters, suppresses or destroys any document or information which the person has been required by or under section 34(3)(k) or (4) to furnish; or
(b)who, in furnishing any document or information required by or under section 34(3)(k) or (4), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(5)  A person who, without reasonable excuse, fails to do anything required of the person under section 34(3)(k) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(6)  To avoid doubt, for the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to produce any document, furnish any information or answer any question if doing so might tend to incriminate that person.”.
Amendment of section 35
21.  Section 35 of the Films Act is amended —
(a)by inserting, immediately after the words “the possession” wherever they appear in subsections (1) and (2), the word “, exhibition”;
(b)by inserting, immediately after the words “or who” in subsection (2), the words “exhibits or”; and
(c)by inserting, immediately after the word “possession” in the section heading, the word “, exhibition”.
Repeal and re‑enactment of sections 36, 37 and 38 and new sections 38A and 38B
22.  Sections 36, 37 and 38 of the Films Act are repealed and the following sections substituted therefor:
“Protection from personal liability
36.  No liability shall lie personally against any member of the Committee of Appeal who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.
Service of documents
37.—(1)  A document that is permitted or required by or under this Act to be served on a person may be served as described in this section.
(2)  A document may be served on an individual —
(a)by giving it to the individual personally;
(b)by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there;
(d)by affixing a copy of the document in a conspicuous place at the individual’s residential or business address;
(e)by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act; or
(f)by sending it by email to the individual’s email address.
(3)  A document may be served on a partnership (other than a limited liability partnership) —
(a)by giving it to any partner or other like officer of the partnership;
(b)by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
(c)by sending it by fax to the fax number used at the partnership’s business address; or
(d)by sending it by email to the partnership’s email address.
(4)  A document may be served on a body corporate (including a limited liability partnership) or an unincorporated association —
(a)by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
(b)by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
(c)by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or
(d)by sending it by email to the body corporate’s or unincorporated association’s email address.
(5)  Service of a document on a person under this section takes effect —
(a)if the document is sent by fax and a notification of successful transmission is received, on the day of the transmission;
(b)if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and
(c)if the document is sent by prepaid registered post, on the second day after the day the document was posted (even if it is returned undelivered).
(6)  A document may be served on a person under this Act by email only with that person’s prior written consent.
(7)  This section does not apply to documents to be served in proceedings in court.
(8)  In this section —
“business address” means —
(a)in the case of an individual, the individual’s usual or last known place of business in Singapore; and
(b)in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“email address” means the last email address given by the addressee concerned as the email address for the service of documents under this Act;
“residential address” means an individual’s usual or last known place of residence in Singapore.
Offences by corporations
38.—(1)  Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —
(a)an officer, employee or agent of the corporation engaged in that conduct within the scope of his actual or apparent authority; and
(b)the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
(2)  Where a corporation commits an offence under this Act, a person —
(a)who is —
(i)an officer of the corporation; or
(ii)an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)who —
(i)consented or connived, or conspired with others, to effect the commission of the offence;
(ii)is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
(3)  A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
(4)  To avoid doubt, this section does not affect the application of —
(a)Chapters V and VA of the Penal Code (Cap. 224); or
(b)the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence.
(5)  To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.
(6)  In this section —
“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —
(a)any person purporting to act in any such capacity; and
(b)for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
“state of mind” of a person includes —
(a)the knowledge, intention, opinion, belief or purpose of the person; and
(b)the person’s reasons for the intention, opinion, belief or purpose.
(7)  This section does not apply to or in relation to an offence under this Act or any of its subsidiary legislation committed by a corporation before the date of commencement of section 22 of the Films (Amendment) Act 2018.
Offences by unincorporated associations or partnerships
38A.—(1)  Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —
(a)an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his actual or apparent authority; and
(b)the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
(2)  Where an unincorporated association or a partnership commits an offence under this Act, a person —
(a)who is —
(i)an officer of the unincorporated association or a member of its governing body;
(ii)a partner in the partnership; or
(iii)an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of that unincorporated association or partnership in relation to the commission of the offence; and
(b)who —
(i)consented or connived, or conspired with others, to effect the commission of the offence;
(ii)is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the unincorporated association or partnership, and shall be liable on conviction to be punished accordingly.
(3)  A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as that unincorporated association or partnership would bear.
(4)  To avoid doubt, this section does not affect the application of —
(a)Chapters V and VA of the Penal Code (Cap. 224); or
(b)the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence.
(5)  To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not that unincorporated association or partnership is convicted of the offence.
(6)  In this section —
“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —
(a)any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
(b)any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —
(a)the knowledge, intention, opinion, belief or purpose of the person; and
(b)the person’s reasons for the intention, opinion, belief or purpose.
(7)  This section does not apply to or in relation to an offence under this Act or any of its subsidiary legislation committed by an unincorporated association or a partnership before the date of commencement of section 22 of the Films (Amendment) Act 2018.
Composition of offences
38B.—(1)  An enforcement officer may compound any offence under this Act that is prescribed as a compoundable offence, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:
(a)one half of the amount of the maximum fine that is prescribed for the offence;
(b)$5,000.
(2)  On payment of such sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3)  All sums collected under this section must be paid into the Consolidated Fund.”.
Repeal and re‑enactment of section 40
23.  Section 40 of the Films Act is repealed and the following section substituted therefor:
“Exemption from Act
40.—(1)  This Act does not apply to or in relation to any film that is made, distributed or exhibited by or under the direction and control of the Government.
(2)  The Minister may, by notification in the Gazette and subject to such conditions as the Minister thinks fit to specify in that notification, exempt from all or any of the provisions of this Act —
(a)any person or class of persons;
(b)any film or class of films; or
(c)any advertisement for a film or class of such advertisements.”.
Amendment of section 41
24.  Section 41(2) of the Films Act is amended —
(a)by deleting paragraph (b) and substituting the following paragraph:
“(b)prescribe the duties of licensees in importing, distributing or publicly exhibiting films in the course of business;”;
(b)by deleting the word “and” at the end of paragraph (d); and
(c)by deleting the full‑stop at the end of paragraph (e) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:
“(f)prescribe the manner in which classification labels, classification ratings and consumer advice (if any) are to be affixed to a film, displayed in any film, or displayed in an advertisement for a film;
(g)require the appointment by licensees of film content assessors registered under section 19;
(h)prescribe the duties of persons registered as film content assessors in connection with the assessment of the content of films;
(i)prescribe circumstances in which an assessment by a film content assessor is taken to be misleading, incorrect or grossly inadequate, or to contain misleading, incorrect or grossly inadequate information;
(j)provide for the manner in which an appeal may be made to the Minister or the Committee of Appeal under section 24 or 28, as the case may be, and the procedure to be adopted in hearing such appeals;
(k)provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000; and
(l)provide for such transitional, saving and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient.”.
Consequential amendments to Cinematograph Film Hire Duty Act
25.  The Cinematograph Film Hire Duty Act (Cap. 40, 2001 Ed.) is amended —
(a)by deleting the definition of “Chairman” in section 2 and substituting the following definition:
“ “Authority” means the Info‑communications Media Development Authority established under the Info‑communications Media Development Authority Act 2016 (Act 22 of 2016);”;
(b)by deleting the word “censorship” in section 4(1) and substituting the words “classification or re‑classification”;
(c)by deleting the words “approved for exhibition by the Chairman” in section 5(8) and substituting the words “classified or re‑classified by the Authority under the Films Act (Cap. 107)”; and
(d)by deleting the words “the Chairman” in section 5(9) and (10) and substituting in each case the words “the Authority”.
Consequential amendment to Public Entertainments Act
26.  Paragraph 1 of the First Schedule to the Public Entertainments Act (Cap. 257, 2001 Ed.) is amended by deleting paragraph (d) of the definition of “film” and substituting the following paragraph:
“(d)any other form of recording from which a moving visual image, including a computer generated image, can be produced and viewed (together with its soundtrack);”.
Saving and transitional provisions
27.—(1)  Every individual who, immediately before the date of commencement of section 4, is appointed under the provisions of the Films Act as —
(a)a Censor of Films is, starting that date, deemed to be appointed as a classification officer under the Films Act as amended by this Act;
(b)a Deputy Censor of Films is, starting that date, deemed to be appointed as a classification officer and as an enforcement officer under the Films Act as amended by this Act; and
(c)a Licensing Officer is, starting that date, deemed to be appointed as a licensing officer under the Films Act as amended by this Act,
and their respective appointments expire on the day their original appointments as a Censor of Films, Deputy Censor of Films or Licensing Officer would have expired if this Act had not been enacted.
(2)  Any person who, immediately before the date of commencement of section 7 imports, distributes or publicly exhibits any film in the course of business and is not a holder of a licence under section 6 of the Films Act, may, despite the Films Act as amended by this Act, continue to do so without a licence under section 6 of the Films Act as amended by this Act —
(a)until the end of a period of one month after the date of commencement of section 7; or
(b)if, within the period mentioned in paragraph (a), the person applies for a licence under section 6 of the Films Act as amended by this Act, until the earlier of the following dates:
(i)the date on which the Authority grants the licence to the person;
(ii)the date that the application for a licence is finally refused or is withdrawn.
(3)  Any application for a licence which is made under the provisions of the Films Act to a Licensing Officer before the date of commencement of section 7 and which is pending immediately before that date is, where applicable, deemed to be an application for a licence under section 7 of the Films Act as amended by this Act.
(4)  A certificate approving a film for exhibition that has been issued under section 15 of the Films Act before the date of commencement of section 11 continues and is deemed to be a classification certificate issued under the corresponding provision in the Films Act as amended by this Act.
(5)  An advertisement for a film that has been approved or disapproved under section 22 of the Films Act before the date of commencement of section 11 is taken to have been approved or disapproved, respectively, under section 22A of the Films Act as amended by this Act.
(6)  Any application under the provisions of the Films Act made to the Board of Film Censors before the date of commencement of section 11 —
(a)for approval of a film for exhibition; or
(b)for approval of an advertisement for a film,
and which is pending immediately before that date is, where applicable, deemed to be an application under the Films Act as amended by this Act for classification of the film and for approval of an advertisement for the film, respectively, and may be dealt with accordingly as if the application is made to the Info‑communications Media Development Authority (called in this section the Authority) under the corresponding provision in the Films Act as amended by this Act.
(7)  This Act does not affect the continued operation or effect of any decision of the Board of Film Censors or the Committee of Appeal made under sections 15 or 22 of the Films Act before the date of commencement of section 11, and —
(a)any such decision of the Board of Film Censors under section 15 of the Films Act is deemed to be a decision of the Authority under section 15 of the Films Act as amended by this Act;
(b)any such decision of the Board of Film Censors under section 22 of the Films Act is deemed to be a decision of the Authority under section 22A of the Films Act as amended by this Act; and
(c)any such decision of the Committee of Appeal on appeal —
(i)refusing to classify a film on the ground that it is against national security to be classified, is deemed to be a decision of the Minister under section 24A of the Films Act as amended by this Act;
(ii)refusing to classify a film on any other ground, is deemed to be a decision of the Committee of Appeal under section 24 of the Films Act as amended by this Act; or
(iii)is otherwise taken to be a decision made under section 24 of the Films Act as amended by this Act.
(8)  Any right of appeal accrued before the date of commencement of section 11 in respect of any decision in subsection (7)(a) or (b) may continue to be dealt with under the Films Act as amended by this Act.
(9)  Where any appeal has been made to the Committee of Appeal under section 24 of the Films Act before the date of commencement of section 11 and the appeal has not been dealt with or disposed of immediately before that date, the appeal may be dealt with in accordance with the Films Act as amended by this Act.
(10)  For a period of 2 years after the date of commencement of any provision of this Act, the Minister may make regulations prescribing additional matters of a transitional nature (including prescribing any saving or application provisions) arising out of the commencement of that provision.
Singapore Statutes Online
© 2024 Attorney-General's Chambers of Singapore,
Last updated 23 Nov 2024
Singapore Statutes Online is provided by the Legislation Division of the Attorney-General's Chambers of Singapore.