Broadcasting and Television Ordinance

Bill No. 208/1963

Read the first time on 13th June 1963.

An Ordinance to provide for the control of broadcasting and television services and for matters connected therewith.

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title and commencement

1.—(1) This Ordinance may be cited as the Broadcasting and Television Ordinance, 1963, and shall come into operation on such date as the Minister may by notification in the Gazette appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Ordinance.

Interpretation

2. In this Ordinance —

“broadcasting apparatus” means any apparatus capable of, or designed or constructed for the transmission or reception of, broadcast matter by radio waves, wire or cable;

“broadcast matter” means any signs or signals transmitted by a broadcasting station, whether for aural or visual reception or both, and includes any music, theatrical or other entertainment, concert, lecture, speech, address, news and information of any kind so transmitted;

“broadcasting station” means a station which transmits broadcast matter by radio waves, wire or cable for reception by the general public;

“radio waves” means electromagnetic waves of frequencies lower than 3,000 gigacycles per second propagated in space without artificial guide;

“wire” or “cable” means any wire or cable used for the purpose of transmitting or receiving broadcast matter with any casing, coating, tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same.

Exclusive privilege

3. The Government shall have the exclusive privilege of establishing any broadcasting station and installing and working any apparatus for the purpose of —

(a)	transmitting broadcast matter within Singapore whether by radio waves, wire or cable; and
(b)	transmitting broadcast matter to any place, ship, aircraft or vehicle outside Singapore; and
(c)	receiving in Singapore any broadcast matter transmitted from any place, ship or aircraft outside Singapore.

Licensing

4. The Minister may, whenever he deems it expedient to do so, license the establishment of any broadcasting station or the installation or working of any broadcasting apparatus in any place in Singapore or on board any ship, aircraft or vehicle registered in Singapore:

Provided that no licence shall be granted for the licensing of any broadcasting station on board any ship registered in Singapore for the purposes of carrying out transmission of broadcast matter outside the territorial waters of Singapore.

Minister may delegate his powers

5.—(1) The Minister may delegate all or any of his powers under this Ordinance, except the power to make regulations, to such officer or officers as he thinks fit, and may appoint officers for the purpose of carrying into effect the provisions of this Ordinance.

(2) All such officers shall be deemed to be public servants within the meaning of the Penal Code (Cap. 119).

Prohibitions

6.—(1) No person shall —

(a)	establish any broadcasting station or install or work any broadcasting apparatus in any place in Singapore or on board any ship, aircraft or vehicle registered in Singapore; or
(b)	offer for sale, sell or have in his possession, with a view to sale, any broadcasting apparatus,

except under and in accordance with a licence granted under this Ordinance.

(2) Every such licence shall be in such form and for such period and may contain such terms and conditions as the Minister may determine.

Penalties

7.—(1) Any person who establishes a broadcasting station or instals or works any broadcasting apparatus without a licence shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months, and in either case shall be liable to forfeit any broadcasting apparatus installed or worked without a licence.

(2) Any person who is in possession of any broadcasting apparatus or the occupier of any dwelling house or premises in which is installed broadcasting apparatus in respect of which a licence is not in force shall, until the contrary is proved, be deemed to have worked the same:

Provided that it shall be a defence to a prosecution for an offence under this subsection that such occupier was not aware and could not with reasonable diligence have become aware of the existence in the dwelling house or premises of the broadcasting apparatus in question.

Power of search

8.—(1) Any officer, being generally authorised, or being specially authorised in writing, in that behalf by the Minister, may at any reasonable hour enter and search any broadcasting station, ship, aircraft, vehicle or place where such officer has reasonable cause to believe that an offence under this Ordinance or any regulations made thereunder has been or is being committed.

(2) Any person who refuses such officer access to such broadcasting station, ship, aircraft, vehicle or place or otherwise obstructs or hinders him in effecting an entrance thereto shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding five hundred dollars, or to both such imprisonment and fine.

Noncompliance with Ordinance, etc.

9. Every omission or neglect to comply with, and every act done or attempted to be done contrary to this Ordinance or any regulations made thereunder, or in breach of the conditions and restrictions subject to or upon which any licence has been issued, shall be deemed to be an offence under this Ordinance, and for every such offence not otherwise specially provided for, the offender shall, in addition to the forfeiture of any articles seized, be liable to a fine not exceeding one thousand dollars.

Trial of offences

10.—(1) All offences under this Ordinance or any regulation made thereunder shall be cognizable by a Magistrate’s Court or District Court.

(2) In the case of a conviction involving a fine, the court inflicting such fine may direct, on the application of the officer conducting the prosecution, that any part not exceeding one half thereof shall be paid to any person who has given such information as had led to the conviction of the offender or offenders, or if there are more than one such person, may direct it to be divided amongst them in such proportions as the court directs.

Compounding of offences

11.—(1) Any officer, being authorised in writing in that behalf by the Minister, may compound any offence under this Ordinance or any regulations made thereunder by accepting from a person reasonably suspected of having committed such offence a sum of money not exceeding five hundred dollars.

(2) On payment of such sum of money, no further proceedings shall be taken against such person in respect of such offence.

Regulations

12.—(1) The Minister may make regulations —

(a)	prescribing the manner in which applications for licences under this Ordinance are to be made;
(b)	prescribing the terms and conditions on which licences are granted and the duties of licensees;
(c)	prescribing the fees payable on the grant of any licence;
(d)	regulating the working and use of broadcasting apparatus;
(e)	regulating the licensing of dealers in broadcasting apparatus;
(f)	regulating the sale or transfer of broadcasting apparatus;
(g)	prohibiting or regulating the working or using of any broadcasting apparatus on board any ship, whether or not such ship is registered in Singapore, while in the territorial waters of Singapore;
(h)	prohibiting or regulating the working or using of any broadcasting apparatus on board any aircraft, whether or not such aircraft is registered in Singapore, while in or over Singapore or the territorial waters thereof;
(i)	prohibiting or regulating the working or using of any broadcasting apparatus in any vehicle in Singapore, whether or not such vehicle is registered in Singapore; and
(j)	generally for carrying out the purposes of this Ordinance.

(2) All regulations made under this section shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication, and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of three months after the date when such regulations are so presented annulling the regulations or any part thereof as from a specified date, such regulations or such part thereof, as the case may be, shall thereupon become void as from such date but without prejudice to the validity of anything previously done thereunder or to the making of new regulations.

Payment into Consolidated Fund

13. All amounts collected under the provisions of this Ordinance and any regulations made thereunder shall be paid into the Consolidated Fund.

Refunds

14.—(1) Where the Minister is of the opinion that the circumstances of any particular case so warrant, he may, in his discretion, authorise the refund of any fee or part thereof paid in respect of any licence issued under the provisions of this Ordinance or any regulations made thereunder.

(2) All such refunds shall be paid out of the Consolidated Fund.

Exemption

15. The Minister may in his discretion, and subject to such conditions as he may deem fit, exempt any person from all or any of the provisions of this Ordinance or any regulations made thereunder.

Transitional provisions

16. Any licence in respect of any broadcasting apparatus issued under the Telegraphs Ordinance (Cap. 108) or any regulations made thereunder shall, on the date of the coming into operation of this Ordinance, be deemed to have been issued under this Ordinance and shall expire or be renewable on the first day of the month following the date on which it would have expired or been renewed if this Ordinance had not been enacted.

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