No. S 177
Media Development Authority of Singapore Act 2002
(Act 34 of 2002)
Media Development Authority of Singapore Act 2002 — Code of Practice
In exercise of the powers conferred by section 17(1) of the Media Development Authority of Singapore Act 2002, the Media Development Authority of Singapore hereby issues the following Code of Practice for Market Conduct in the Provision of Mass Media Services:
TABLE OF CONTENTS
1.
INTRODUCTION
1.1
Goals of this Code
1.2
Legal Basis for this Code
1.3
Legal Effect of this Code
1.4
Persons Subject to this Code
1.4.1
Other Persons
1.5
Rules of Construction and Definitions
1.6
Regulatory Principles
1.6.1
Reliance on Private Negotiations and Industry Self-Regulation
1.6.2
Basis for Regulatory Intervention
1.6.3
Proportionality
1.6.4
Open and Reasoned Decision-Making
1.6.5
Non-Discrimination
1.6.6
Consultation with Other Regulatory Authorities
1.6.7
Avoidance of Unnecessary Delay
1.6.8
Technological Neutrality
1.7
Modifications or Elimination of Unnecessary Provisions
1.7.1
Regulatory Review
1.7.2
Requests for Modification or Elimination of Unnecessary Provisions
1.8
Reservations of Authority
1.8.1
Right to Grant Exemptions from Any Provision of this Code
1.8.2
Right to Amend this Code
1.8.3
Right to Waive Code Provisions Where Necessary in the Public Interest
1.9
Effective Date of this Code
1.10
Short Title
 
 
 
2.
PUBLIC INTEREST OBLIGATION OF REGULATED PERSONS AND CERTAIN AFFILIATES
2.1
Introduction
2.2
Application
2.3
Duty of Free-to-Air Television Licensees and Free-to-Air Radio Licensees to Broadcast Specified Events of National Significance
2.3.1
Designation of Events of National Significance that Must be Broadcast
2.3.1.1
Coverage Requirements
2.3.1.2
Initial Designation of Events
2.3.2
Selection of Lead Broadcaster Where Multiple “Feeds” are Not Feasible
2.3.2.1
Use of Competitive Tender, Where Feasible
2.3.2.2
Appointment of a Lead Broadcaster
2.3.3
Duty of the Lead Broadcaster to Co-operate with All Free-to-Air Television and Free-to-Air Radio Licensees
2.3.3.1
Duty to Share the “Feed”
2.3.3.2
Compensation for Access to the “Feed”
2.3.3.2.1
Duty to Negotiate in Good Faith
2.3.3.2.2
Dispute Resolution
2.4
Designated Video and Newspaper Archive Operators
2.4.1
Specification of Designated Archive Operators
2.4.2
General Duty of Designated Archive Operators
2.4.3
Fulfilment of Obligations and Specific Requirements
2.4.4
Classification of Archived Video Materials
2.4.5
Conditions to be Satisfied by the Designated Video Archive Operator
2.4.5.1
Approved Electronic Video Catalogue
2.4.5.1.1
Submission of Initial Catalogue
2.4.5.1.2
Availability of the Catalogue
2.4.5.1.3
Updated Catalogue
2.4.5.2
Viewing at Cost-Based Charges
2.4.5.3
License of Certain Materials for Broadcast Within Singapore
2.4.5.4
Protection of Licensing and Intellectual Property Rights
2.4.6
Compensation for Licensing Archived Material
2.4.6.1
Duty to Negotiate in Good Faith
2.4.6.2
Default Pricing Principles for Determining Compensation
2.4.7
Enforcement Measures
2.5
Public Access to Specified Programmes
2.5.1
Restriction on Acquisition of Certain Programme Rights by Subscription Television Licensees (“Anti-Siphoning”)
2.5.1.1
Programmes in Which a Subscription Television Licensee May Not Obtain for Its Own Use Any Exclusive Broadcast Right
2.5.1.2
Programmes in Which a Subscription Television Licensee May Not Obtain for Its Own Use Exclusive Rights to Any Delayed Broadcast Package
2.5.1.3
Criteria for Imposing Anti-Siphoning Restrictions
2.5.1.4
Procedures for Designating Additional Programmes or Removing Designation
2.5.2
Prohibition on “Hoarding” of Listed Programmes
2.5.2.1
Obligation of Free-to-Air Television Licensees with Exclusive Rights
2.5.2.2
Duty to Offer Unused Rights to Other Licensees at Cost
2.5.2.3
Duty to Negotiate in Good Faith
 
 
3.
REGULATED PERSONS’ DUTIES TO THEIR CUSTOMERS
3.1
Introduction
3.2
Application
3.3
Duty to Comply with Minimum Quality of Service Standards
3.4
Billing Practices
3.4.1
Duty to Provide Accurate, Timely and Clear Statements of Charges
3.4.2
No Charges for Unsolicited Services or Equipment
3.4.3
Procedures to Contest Charges
3.4.4
Termination Procedures
3.5
Prohibition on Excessive Early Termination Liabilities
3.6
Duty to Protect Subscriber Service Information
3.6.1
Definition
3.6.2
Restriction on Use
3.6.3
Subscriber Authorisation
 
 
4.
PROHIBITION ON UNFAIR METHODS OF COMPETITION
4.1
Introduction
4.2
Application
4.3
General Prohibition on Unfair Methods of Competition
4.4
Specific Practices
4.4.1
Use of Mass Media Services to Disseminate False or Misleading Claims
4.4.2
Degradation of Service Availability or Quality
4.4.3
Provision of False or Misleading Information to Competitors
4.4.4
Interference with Relationships with Customers, Advertisers or Providers of Ancillary Media Services
4.5
Prohibition on Predatory Pricing
4.5.1
Standards
4.5.2
Presumptions
4.6
Special Provisions Applicable to Regulated Persons Affiliated with Entities that Provide Ancillary Media Services Necessary to Provide Mass Media Services
4.7
Imposition of Structural Separation or Non-Structural Safeguards
 
 
5.
CLASSIFICATION OF REGULATED PERSONS
5.1
Introduction
5.2
Application
5.3
Categories of Regulated Persons
5.4
Designation as a Dominant Licensee
5.5
Evidence of Market Power
5.6
Classification and Reclassification of Regulated Persons
5.6.1
Procedures
5.6.1.1
Initial And Subsequent Classification of Regulated Persons
5.6.1.2
Reclassification by the MDA
5.6.1.3
Petitions for Reclassification
5.6.2
Criteria for Reclassification
5.7
Special Duties of Dominant Licensees
5.8
Exemption from Application of Dominant Licensee Obligations
5.8.1
Types of Exemptions
5.8.1.1
Exemptions Applicable to Specific Sub-Markets
5.8.1.2
Exemption from Specific Obligations
5.8.2
Procedures
5.8.2.1
Request for Exemption
5.8.2.2
Review by the MDA
 
 
 
6.
SPECIAL OBLIGATIONS OF DOMINANT LICENSEES
6.1
Introduction
6.2
Application
6.3
Duties of Dominant Licensees
6.3.1
Duty to Provide Services on Reasonable Request
6.3.2
Fair Access to Programme Lists
6.3.3
Duty to Provide Access to Advertising Capacity
6.4
Prohibition on Abuse of Dominant Position
6.4.1
General Prohibition
6.4.2
Specific Practices
6.4.2.1
Discrimination
6.4.2.2
Price Squeezing
6.4.2.3
Mandatory Bundling
6.4.2.4
Imposition of Abusive or Over-Reaching Contract Terms
6.5
Imposition of Structural Separation or Non-Structural Safeguards
 
 
7.
PROHIBITION OF AGREEMENTS THAT UNREASONABLY RESTRICT COMPETITION
7.1
Introduction
7.2
Application
7.3
General Prohibition
7.4
Determining the Existence of an Agreement
7.4.1
Types of Agreements
7.4.2
Limitation
7.5
Prohibited Agreements
7.5.1
Price Fixing
7.5.2
Bid Rigging
7.5.3
Market and Customer Allocation
7.5.4
Group Boycotts
7.5.5
Resale Price Maintenance
7.5.6
Foreclosure of Access to Ancillary Media Services Necessary to Provide Competitive Mass Media Services
7.6
Agreements Not Prohibited if Ancillary to Legitimate Collaborative Ventures
7.7
Other Agreements Between Competitors
7.7.1
Business Purpose of the Agreement
7.7.2
Likelihood of Competitive Harm
7.7.3
Efficiencies
7.8
Effect of Agreements that Prevent, Restrict or Distort Competition
 
 
8.
CONSOLIDATIONS INVOLVING REGULATED PERSONS
8.1
Introduction
8.2
Application
8.3
Definitions
8.4
Prohibition on Regulated Persons Entering Into any Consolidation Likely to Unreasonably Restrict Competition
8.5
Duty to Obtain Approval of the MDA Prior to Entering Into Certain Consolidations
8.5.1
Consolidation Applications
8.5.1.1
Situations that Constitute a Consolidation
8.5.1.2
Joint Application Requirement
8.5.2
Timing of the Consolidation Application
8.5.3
Minimum Information Requirements; Procedure for Filing
8.5.3.1
“Long Form” Application Procedure
8.5.3.1.1
Description, Competitive Impact and Public Interest Statement
8.5.3.1.2
Additional Required Material
8.5.3.2
“Short Form” Application Procedure
8.5.3.2.1
Situations in Which a Short Form Application May be Filed
8.5.3.2.2
Materials Required
8.5.4
Duty to Update Pending Consolidation Applications to Reflect Material Changes
8.5.5
Statement that Consolidation Agreement is Subject to Approval of the MDA
8.6
Consolidation Review Period
8.6.1
Consolidation Review Period Does Not Begin Until Receipt of Complete Consolidation Application
8.6.2
Length of Review Period
8.6.3
Tolling of Consolidation Review Period Due to Failure to Adequately Respond to Supplemental Information Requests
8.7
Analytical Framework
8.7.1
Horizontal Consolidations
8.7.2
Non-Horizontal Consolidations
8.7.3
Considerations Applicable to All Consolidations
8.7.4
Other Relevant Factors
8.7.5
Public Interest Considerations
8.8
Disposition of Applications
8.8.1
Grant of the Application
8.8.2
Denial of the Application
8.8.3
Grant of the Application, Subject to Conditions
8.8.3.1
Structural Conditions
8.8.3.1.1
Structural Separation
8.8.3.1.2
Partial Divestiture
8.8.3.2
Behavioural Safeguards
8.8.3.2.1
Accounting Separation
8.8.3.2.2
Non-Discrimination Requirements
8.8.3.2.3
Limitations on Joint Directors or Managers
8.8.3.2.4
Limitations on Information Sharing
8.8.3.2.5
Termination or Modification of Restrictive Existing Agreements
8.8.3.2.6
Other Behavioural Safeguards
8.8.4
Consultation With Applicants Prior to Rejection or Imposition of Significant Conditions
8.8.5
Notification by the MDA
8.8.6
Notification by Applicants of Acceptance or Rejection of Conditions
8.9
Informal Guidance Prior to Filing of Consolidation Application
8.10
Consolidation Application Fee
 
 
9.
DUTY TO PROVIDE ACCESS TO ESSENTIAL RESOURCES
9.1
Introduction
9.2
Application
9.3
Procedures for Obtaining Access to Essential Resources
9.3.1
Requesting Access
9.3.1.1
Request to Entity Controlling the Resource
9.3.1.2
Request to the MDA
9.3.1.3
Response
9.3.1.4
Decision to Require Access to Specific Resources
9.3.1.5
Criteria to be Applied
9.3.1.6
Public Interest Determination
9.3.1.7
Designation of Resources to Which Access Must Always be Granted
9.3.2
Implementation of the MDA’s Access Requirements
9.3.2.1
Voluntary Negotiations
9.3.2.2
Dispute Resolution Procedures
9.4
Enforcement Measures
 
 
10.
DISPUTE RESOLUTION AND ENFORCEMENT PROCEDURES
10.1
Introduction
10.2
Application
10.3
Request for Informal Guidance
10.3.1
Procedures for Requesting Informal Guidance
10.3.2
Guidance at the Discretion of the MDA
10.3.3
Informal Guidance Does Not Bind the MDA
10.4
Conciliation
10.4.1
Procedures for Requesting Conciliation
10.4.2
Discretion of the MDA
10.4.3
Role of the MDA
10.5
Dispute Resolution Procedures
10.5.1
Situations in Which Dispute Resolution May be Requested
10.5.2
Timing and Procedures for Requesting Dispute Resolution
10.5.2.1
Duty to Negotiate in Good Faith
10.5.2.2
Petition for Dispute Resolution
10.5.2.3
Response to the Petition
10.5.2.4
Settlement Conference
10.5.2.5
Statement of Issues
10.5.2.6
MDA’s Right to Request Additional Information
10.5.2.7
Binding Effect of Submissions
10.5.2.8
Effect of Failure to Submit Required Information
10.5.2.9
Resolution by the MDA
10.5.2.9.1
Scope of the Dispute Resolution Procedure
10.5.2.9.2
Timing of the Dispute Resolution Procedure
10.5.2.9.3
Standards to be Applied
10.5.2.10
Interim Resolution
10.5.3
MDA’s Right to Impose Administrative Costs
10.6
Enforcement Actions
10.6.1
Private Requests for Enforcement
10.6.1.1
Procedures for Private Requests for Enforcement
10.6.1.2
Non-Disclosure of Identity
10.6.2
Procedures for Enforcement Actions
10.6.2.1
Notification of Regulated Person
10.6.2.2
Opportunity to Respond
10.6.2.3
Request for Additional Information
10.6.2.4
Interim Direction to Cease and Desist
10.6.3
Enforcement Measures
10.6.3.1
Warnings
10.6.3.2
Orders to Cease and Desist
10.6.3.3
Directions
10.6.3.4
Financial Penalties
10.6.3.4.1
Aggravating Factors
10.6.3.4.2
Mitigating Factors
10.6.4
Suspension or Cancellation of the Licence under the Broadcasting Act
10.7
Information Gathering Procedures
10.7.1
Request for Response to Specific Questions
10.7.2
Document Requests
10.7.3
Interviews
10.7.4
Inspection Requests
10.7.5
Request for Reconsideration
10.7.6
Sanctions for Failure to Comply With Information Requests
10.7.7
Consultation with Other Interested Parties
10.7.7.1
Industry Consultation
10.7.7.2
Private Consultation
10.8
Confidential Treatment
10.8.1
Procedures for Requesting Confidential Treatment
10.8.2
Standards Governing Grant of Confidential Treatment
10.8.3
Notification of Denial of Confidential Treatment
10.8.4
MDA’s Powers to Deal with Information
10.9
Administrative Review of MDA’s Acts, Directions and Decisions
10.9.1
Compliance with Decisions Pending Review
 
 
 
APPENDIX 1:
DEFAULT PRICING PRINCIPLES FOR USE IN DISPUTE RESOLUTION PROCEDURES
 
 
APPENDIX 2:
INDUSTRY ASSOCIATION AND CODE
paragraph 1. — 1. Introduction
Goals of this Code
1.1  This Code is intended to:
(a)enable and maintain fair market conduct and effective competition in the Mass Media Services Markets in Singapore;
(b)ensure the availability of a comprehensive range of quality Mass Media Services in Singapore;
(c)encourage industry self-regulation in the Mass Media Services Markets in Singapore;
(d)foster further investment in, and the development of, the Mass Media Services Markets in Singapore; and
(e)otherwise safeguard the public interest.
Legal Basis for this Code
1.2  This Code is issued by the Media Development Authority of Singapore (“MDA”) under section 17 of the Media Development Authority of Singapore Act 2002 (Act 34 of 2002) (referred to in this Code as “the MDA Act”).
Legal Effect of this Code
1.3  This Code imposes binding legal obligations on persons to which it applies. These obligations are in addition to any applicable obligations contained in the MDA Act, other statutes, regulations, directions, licences or codes of practice. To the extent that any provision of this Code is inconsistent with the provisions of the MDA Act or any other statute, or of any licence, regulation or direction issued by the MDA, the provisions of the statute, licence, regulation or direction shall prevail.
Persons Subject to this Code
1.4  The MDA will apply this Code to Regulated Persons as specified from time to time by the Minister under section 16(3) of the MDA Act.
1.4.1.  Other Persons
To the extent expressly specified herein, the MDA will apply this Code to other persons (not being Regulated Persons) in accordance with the provisions of the MDA Act.
Rules of Construction and Definitions
1.5    (a)  The MDA will give effect to the provisions of this Code in a manner that would promote the purposes of the Code, and the MDA will interpret this Code in the manner most consistent with the regulatory principles specified in paragraphs 1.6 to 1.6.8 of this Code.
(b)Unless otherwise specifically provided, the following definitions are applicable throughout this Code:
(i)“Advertiser” means an entity that purchases advertising time or space in or on a Mass Media Service provided by a Regulated Person.
(ii)“Affiliate” means an entity that has a direct or indirect ownership interest in a Regulated Person of 5 percent or more (“parent” entity), or in which a Regulated Person has a direct or an indirect ownership in it of 5 percent or more (“subsidiary” entity), or in which the Regulated Person’s parent has a direct or an indirect ownership interest of 5 percent or more (“sibling” entity). An ownership interest is direct if it is held directly in an entity. An ownership interest is indirect if it is held through a direct or an indirect ownership interest in an entity that, itself, has a direct or an indirect ownership interest in the entity. However, an entity will not be considered an Affiliate of a “sibling” entity where the 2 entities’ common “parent” has only a passive ownership interest in the 2 “sibling” entities (i.e., where the parent entity does not in practice cause the subsidiary to take, or prevent the subsidiary from taking, decisions regarding the management and major operating decisions of the entity). An Affiliate may, but need not be, a Regulated Person.
(iii)“Ancillary Media Service” means the provision of infrastructure, systems, services, information or other resources that are an input to or a channel of distribution for a Mass Media Service. Examples of such Ancillary Media Services include video programme production and newspaper distribution.
(iv)“Applicants” means a Regulated Person and any other entity with which it proposes to enter into a Consolidation.
(v)“Consolidation” means a transaction that falls within one of the situations specified in paragraph 8.5.1.1 of this Code.
(vi)“Consolidation Agreement” means a binding agreement that, upon approval by the MDA, and satisfaction of any specified conditions, would result in a Consolidation.
(vii)“Customer” means a viewer, reader, or listener of a Mass Media Service. The term “Customer” does not include Advertisers or providers of Ancillary Media Services.
(viii)“Dominant Licensee” means a Regulated Person which is specified by the MDA as dominant under section 21(4) of the MDA Act having regard to the considerations set out in paragraph 5.4 of this Code.
(ix)“Effective Control” means the ability to cause an entity to take, or prevent an entity from taking, a decision regarding the management and major operating decisions of the entity. The MDA will presume that one entity has effective control over another entity if the first entity has a direct or an indirect ownership interest of 30 percent or more in the second entity or has the right to control the exercise of 30 percent or more of the voting shares of the second entity. An ownership interest is direct if it is held directly in an entity. An ownership interest is indirect if it is held through a direct or an indirect ownership interest in an entity that, itself, has a direct or an indirect ownership interest in the entity.
(x)“Essential Resource” means any apparatus, accessory, system, service, information or such other resource of any kind used or intended to be used in connection with the provision or delivery of any Mass Media Service, which satisfies the criteria set out in paragraph 9.3.1.5 or 9.3.1.6 of this Code and is specified by the MDA as an essential resource under section 18(2) of the MDA Act.
(xi)“Licensing Category” means any of the following categories of Mass Media Services:
(A)“Free-to-Air Television Services” which consists of free-to-air nationwide television services, free-to-air localised television services, and special interest television services;
(B)“Subscription Television Services” which consists of subscription nationwide television services, subscription localised television services, and video-on-demand services;
(C)“Radio Services” which consists of free-to-air nationwide radio services, free-to-air localised radio services, subscription nationwide radio services, subscription localised radio services, and special interest radio services; and
(D)“Newspaper Publishing Services” which consists of the publishing of general circulation newspapers and magazines which are made available to the public on a periodic basis.
(xii)“Licensee Group” means the entity or entities falling within any one of the following descriptions:
(A)all Regulated Persons authorised under the Broadcasting Act (Cap. 297) or the Newspaper and Printing Presses Act (Cap. 206) (as the case may be) to provide Mass Media Services within the same Licensing Category in which the same parent company has an ownership interest in excess of 50 percent and which exercises the ability to cause the Regulated Persons to act as a single economic entity;
(B)entities that are in a parent-subsidiary relationship in which the parent company has an ownership interest in excess of 50 percent and where parent and subsidiary are each authorised to provide Mass Media Services in the same Licensing Category; or
(C)an entity which is authorised to provide Mass Media Services in the same Licensing Category. For example, 2 or more Regulated Persons act as a single economic entity when they have common management, common personnel and/or co-ordinate decisions regarding content and pricing.
(xiii)“Market Power” means the ability of an entity to act without significant competitive restraint from its competitors. This includes the ability unilaterally to profitably raise prices charged for goods or services substantially above the provider’s cost, reduce prices paid for inputs substantially below the seller’s cost, reduce quality, impose unreasonable contract terms or exclude competitors from the market.
(xiv)“Mass Media Services” refers to the services falling within the Licensing Categories.
(xv)“Mass Media Services Markets” refers to the 4 media industries each comprising Regulated Persons that provide Mass Media Services within a Licensing Category.
(xvi)“Minister” means the Minister for Information, Communications and the Arts.
(xvii)“Primary Mass Media Services Market” means any one of the 4 Mass Media Services Markets.
(xviii)“Regulated Persons” means the persons as may be specified by the Minister under section 16(3) of the MDA Act.
(xix)“Subscriber” means a Customer who agrees to purchase a Subscription Service from a Regulated Person.
(xx)“Subscription Service” means a Mass Media Service that a Regulated Person provides to a Customer upon the payment of a subscription fee.
(c)Various provisions of this Code impose a duty on a party to negotiate in “good faith”. The duty of good faith requires that the parties must take diligent measures to maximise the chance of reaching an agreement, on commercially reasonable terms, where feasible.
Regulatory Principles
1.6  The following Regulatory Principles provide the foundation for this Code, and will guide the MDA’s implementation of its provisions:
1.6.1.  Reliance on Private Negotiations and Industry Self-Regulation
To the extent feasible, the MDA will place primary reliance on private negotiations and industry self-regulation.
1.6.2.  Basis for Regulatory Intervention
The MDA recognises that regulatory intervention may be necessary because:
(a)the level of competition in Singapore’s Mass Media Services Markets is limited;
(b)certain participants in those markets continue to have the ability to exercise Market Power; and
(c)competitive market forces alone may not always achieve all public interest goals. Therefore, the MDA will intervene in any market within its jurisdiction where necessary to:
(i)ensure that Regulated Persons fulfil their obligations to serve the public interest as provided in this Code;
(ii)protect Customers from improper business practices;
(iii)prevent Regulated Persons from engaging in unfair methods of competition;
(iv)prevent Regulated Persons and their Affiliates from abusing their market positions in a manner that unreasonably restricts competition in any Mass Media Services or Ancillary Media Services Markets;
(v)prevent Regulated Persons from entering into agreements that unreasonably restrict competition in any market within the MDA’s jurisdiction;
(vi)prevent Consolidations involving Regulated Persons that are likely to unreasonably restrict competition in any market within the MDA’s jurisdiction;
(vii)promote competition by ensuring that Regulated Persons have non-discriminatory access to Essential Resources; or
(viii)otherwise safeguard the public interest.
1.6.3.  Proportionality
To the extent that regulation is necessary, the MDA will seek to impose regulatory requirements that are no broader than necessary to achieve its stated objectives.
1.6.4.  Open and Reasoned Decision-Making
The MDA will endeavour to apply the provisions of this Code in a transparent manner. Generally, the MDA will:
(a)provide an opportunity for the industry to comment on material issues to be addressed by the MDA; and
(b)provide a reasoned explanation of the basis for its actions.
1.6.5.  Non-Discrimination
In making decisions under this Code, the MDA will treat similarly situated entities on an equivalent basis. Where appropriate, the MDA’s decisions and directions will reflect relevant differences between entities or categories of entities.
1.6.6.  Consultation with Other Regulatory Authorities
The MDA, where feasible and appropriate, will consult other regulatory authorities in Singapore in order to facilitate the development of a consistent regulatory policy that promotes fair and effective competition and serves the public interest.
1.6.7.  Avoidance of Unnecessary Delay
Recognising the need for market participants to respond rapidly to changing market forces, the MDA will strive to make all decisions and issue all directions within the timeframes specified herein and, in any case, as quickly as reasonably possible.
1.6.8.  Technological Neutrality
The MDA’s requirements will reflect the phenomenon of convergence, which is eroding differences among platforms such as broadcasting, print and on-line services. Regulatory requirements will be based on clear policy objectives and sound economic principles and, to the extent feasible, will be technology-neutral. However, as the phenomenon of convergence is in its early stages, with different platforms subject to differing degrees of competition, objective application of these principles may result initially in the imposition of different regulatory obligations on providers that use different platforms. In certain cases, moreover, public interest may require the imposition of special obligations on providers that use different platforms.
Modifications or Elimination of Unnecessary Provisions
1.7  The following provisions describe the means by which the MDA will ensure that unnecessary or unduly burdensome regulatory requirements in this Code are reviewed and, to the extent appropriate, modified or eliminated.
1.7.1.  Regulatory Review
At least once every 3 years, the MDA will review this Code. As part of the triennial review process, the MDA will provide an opportunity for industry comment. The MDA will eliminate or modify provisions that it determines are no longer necessary. For example, a provision may no longer be necessary where:
(a)the growth of competition makes it possible to rely on market forces, rather than regulation;
(b)changed policy concerns eliminate the need for regulation; or
(c)experience demonstrates that the MDA can achieve its goals in a more efficient or effective manner.
Requests for Modification or Elimination of Unnecessary Provisions
(1.7.2)  Providers of Mass Media Services and Ancillary Media Services may petition the MDA, in writing, to eliminate or modify any provision of this Code. The petitioning party must specify the provisions of this Code that it seeks to have eliminated or modified and must provide a clear and comprehensive statement of the reasons why such action is justified. The petitioning party may propose alternative approaches that, if adopted, would achieve the MDA’s objectives in a less burdensome manner. Where appropriate, the MDA may seek comments pursuant to paragraph 10.7.7 of this Code.
Reservations of Authority
1.8  The MDA reserves, among others, the following rights:
1.8.1.  Right to Grant Exemptions from Any Provision of this Code
Where good cause is shown, the MDA may grant a Regulated Person or other person subject to this Code an exemption from specific provisions of this Code. Such exemptions may be applied to individual persons or to specified categories of persons. An exemption may be on a one-time basis, temporary, permanent, for a fixed period or effective until the occurrence of a specific event. Where appropriate, the MDA may grant exemptions subject to compliance with specified conditions.
1.8.2.  Right to Amend this Code
The MDA may amend this Code on its own initiative at any time. The MDA generally will consult the industry before doing so.
1.8.3.  Right to Waive Code Provisions Where Necessary in the Public Interest
The MDA may waive any provision of this Code imposing an obligation on the MDA in any situation in which such action is necessary to achieve the goals of this Code or otherwise safeguard the public interest.
Effective Date of this Code
1.9  This Code will come into force on 15th April 2003 (referred to in this Code as “the Effective Date”).
Short Title
1.10  This Code may be referred to as the “Media Market Conduct Code”.

Dated this 29th day of March 2003.

TAN CHIN NAM
Chairman,
Media Development Authority of
Singapore.
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