Singapore Totalisator Board (Advertisements) Regulations 2010

No. S 786

Singapore Totalisator Board Act

(Chapter 305A)

Singapore Totalisator Board (Advertisements) Regulations 2010

In exercise of the powers conferred by section 21 of the Singapore Totalisator Board Act, the Minister for Finance hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Singapore Totalisator Board (Advertisements) Regulations 2010 and shall come into operation on 27th December 2010.

Definitions

2. In these Regulations —

“distribute” —

(a)	in relation to a printed notice or publication, means deliver or send to any person, or leave on any premises or vehicle; and
(b)	in relation to any electronic message, means transmit to any person using electronic mail, short message service (SMS) or any other form of electronic transmission;

“gaming advertisement” means any advertisement which —

(a)

expressly or impliedly leads to, induces, urges, promotes or encourages participation in any totalisator, lottery, betting or gaming activity of an operator; or

(b)

being designed to publicise or to promote participation in any totalisator, lottery, betting or gaming activity of an operator, mentions, illustrates or depicts —

(i)	any brand name, trade mark or service mark relating to such totalisator, lottery, betting or gaming activity; or
(ii)	any pictorial device commonly associated with any such brand name, trade mark or service mark;

“minor” means a person below the age of 18 years;

“operator” means —

(a)	the Board;
(b)	any totalisator agency; or
(c)	any agent appointed by the Board;

“printed notice” means any handbill, circular, brochure, pamphlet, map or other like document;

“publish”, in relation to a gaming advertisement, means —

(a)	publish the advertisement in a newspaper, magazine, journal, periodical, directory or other printed publication or printed notice or on any object;
(b)	disseminate the advertisement by radio, television or other mass medium;
(c)	disseminate the advertisement by the public exhibition or broadcast of a photograph, slide, film, video recording, audio recording or other recording of images or sound;
(d)	publish or disseminate the advertisement electronically, including (but not limited to) publishing the advertisement on the Internet or in any way that renders it accessible from the Internet;
(e)	publicly exhibit the advertisement in, on, over or under any building, place, vehicle, vessel, train, aircraft or in the air; or
(f)	make known the advertisement to the public or a section thereof in any other manner or by any other means,

but excludes the distribution of the advertisement;

“responsible gambling message” means any writing, object, still or moving visual image or message or audible message, or any combination of them, which can reasonably be taken to be intended to foster responsible gambling in order to minimise the harm caused by problem gambling, and includes anything approved by the Minister as a responsible gambling message under regulation 6;

“vulnerable person” means a person who —

(a)	has a cognitive impairment (such as dementia or autism) arising from, or as a result of a brain injury, neurological disorder or a developmental disorder; or
(b)	is a minor.

Restriction on time, frequency and duration of gaming advertisements

3.—(1) Unless the Minister otherwise approves under regulation 6, an operator may only —

(a)	publish or cause to be published in Singapore one or more gaming advertisements concerning a new totalisator, lottery, betting or gaming activity; or
(b)	distribute or cause to be distributed in Singapore one or more printed notices or publications or electronic messages which contain a gaming advertisement concerning a new totalisator, lottery, betting or gaming activity,

within such initial period as may be determined by the Minister, commencing on the date the totalisator, lottery, betting or gaming activity is first offered to the public or a section of the public for investment.

(2) Unless the Minister otherwise approves under regulation 6, any gaming advertisement concerning a new totalisator, lottery, betting or gaming activity that is published or caused to be published by an operator thereof within the initial period under paragraph (1) shall be removed, withdrawn or discontinued by the operator at the end of that initial period.

(3) Other than as provided under paragraph (1) and unless the Minister otherwise approves under regulation 6, an operator may, in any one year, only —

(a)	publish or cause to be published in Singapore one or more gaming advertisements; or
(b)	distribute or cause to be distributed in Singapore one or more printed notices or publications or electronic messages which contain a gaming advertisement,

not more than 60 periods of one day each (whether or not consecutively).

(4) Any periods in any one year where an operator has done anything under paragraph (3) shall be in addition to any period in that year where the operator has done anything under paragraph (1).

(5) Where a gaming advertisement (not being one referred to in paragraph (1)) that is published or caused to be published in Singapore by an operator is not removed, withdrawn or discontinued at the end of the day on which it is published, the operator shall be treated for the purposes of paragraph (3) as having published or caused to be published in Singapore a gaming advertisement on each day after that day until (and including) the day it is removed, withdrawn or discontinued.

(6) Paragraphs (2) and (5) do not apply to a gaming advertisement published in a newspaper, magazine, journal, periodical directory or other printed publication or printed notice or on any object.

(7) This regulation does not apply to a gaming advertisement that only contains (apart from a responsible gambling message) any of the following information:

(a)	game rules or results relating to any totalisator, lottery, betting or gaming activity of an operator;
(b)	terms or conditions upon or subject to which totalisator investments on any totalisator, lottery, betting or gaming activity may be received by an operator;
(c)	location, contact information and operation hours of, and dates on which totalisator investments on any totalisator, lottery, betting or gaming activity may be received by, an operator or an outlet operated by or on behalf of an operator;
(d)	acknowledgment of any donation, sponsorship, assistance or support by an operator.

(8) This regulation is without prejudice to regulations 4 and 5.

Restriction on contents of gaming advertisements

4.—(1) Except in accordance with an approval of the Minister under regulation 6, an operator shall not —

(a)	publish or cause to be published in Singapore a restricted gaming advertisement; or
(b)	distribute or cause to be distributed in Singapore any printed notice or publication or electronic message which contains a restricted gaming advertisement.

(2) In paragraph (1), a restricted gaming advertisement is one which —

(a)	depicts a vulnerable person or person who appears to be a vulnerable person participating in a totalisator, lottery, betting or gaming activity;
(b)	includes any personality, character, animation, music or anything who or which is likely to have a particular appeal to minors;
(c)	depicts a criminal act, violence or other anti-social behaviour;
(d)	depicts or promotes excessive or reckless participation by any person in a totalisator, lottery, betting or gaming activity;
(e)	suggests that winning a prize will be a definite or likely outcome of participating in a totalisator, lottery, betting or gaming activity;
(f)	offers any form of gambling tip;
(g)	suggests that a player’s skill can influence the outcome of a totalisator, lottery, betting or gaming activity;
(h)	suggests that participating in a totalisator, lottery, betting or gaming activity will improve the financial prospect of a person;
(i)	offers free bets or their equivalent in cash which can be used for participation in a totalisator, lottery, betting or gaming activity;
(j)	exploits the susceptibility of a vulnerable person;
(k)	is false, misleading or deceptive; or
(l)	does not contain, in a clear and conspicuous part of the advertisement, a responsible gambling message.

Restriction on manner of publication or distribution of gaming advertisements

5.—(1) Except in accordance with an approval of the Minister under regulation 6 and subject to paragraph (2), an operator shall not publish or cause to be published in Singapore a gaming advertisement —

(a)	in any free-to-air broadcasting service within the meaning of the Broadcasting Act (Cap. 28);
(b)	in any cable programme other than one included in a cable channel that is dedicated to participation in a totalisator, lottery, betting or gaming activity of an operator;
(c)	in any printed publication (other than a newspaper) the principal market of which is Singapore and which is principally directed at minors;
(d)	on the front and back pages of a printed newspaper the principal market of which is Singapore or any section of such printed newspaper;
(e)	in any electronic document (including but not limited to an Internet website or webpage) that is principally directed at minors, including making it or causing it to be made accessible in any way from that electronic document;
(f)	in, on, over or under any building, place, vehicle, vessel, train, aircraft or in the air where it is visible or audible to members of the public or any section thereof; or
(g)	in any film, video recording or other recording of images shown in a cinema or theatre in Singapore which the public or any section of the public has access.

(2) Paragraph (1)(f) does not apply to the exhibition of any gaming advertisement within any place of business of an operator.

(3) Except in accordance with an approval of the Minister under regulation 6, an operator shall not distribute or cause to be distributed in Singapore to any person any printed notice or publication or electronic message which contains a gaming advertisement, except with the prior written consent of that person.

Approvals

6.—(1) The Minister may on the application of an operator and in his discretion approve, for such time and upon such conditions as the Minister may think fit —

(a)	the publication or distribution of a gaming advertisement otherwise than in accordance with regulation 3;
(b)	the publication or distribution of a restricted gaming advertisement within the meaning of regulation 4;
(c)	the publication of a gaming advertisement by any means referred to in regulation 5(1)(a) to (g), or the distribution of a gaming advertisement to any person without his prior written consent; or
(d)	any writing, object, still or moving visual image or message or audible message, or any combination of them, as a responsible gambling message.

(2) Where an operator fails to comply with any condition imposed by the Minister under paragraph (1), the Minister may cancel the approval in relation to which that condition was imposed.

(3) Any application for approval under paragraph (1) shall be made in such form and manner and contain such particulars as may be determined by the Minister.

(4) For the avoidance of doubt, a publication or distribution of a gaming advertisement referred to in paragraph (1)(b) and (c) that has been approved by the Minister is subject to regulation 3.

Power to order withdrawal or rectification

7. Where it appears to the Minister that an operator has published or distributed, or caused to be published or distributed, a gaming advertisement in contravention of any provision of these Regulations or a condition imposed under regulation 6, the Minister may, whether or not he cancels any approval in relation to which that condition was imposed but after making due inquiry into the matter, direct the operator to rectify, withdraw, remove or discontinue the advertisement or cause the same to be altered, withdrawn, removed or discontinued, and the operator shall comply with that direction.

Offence and penalty

8. An operator who contravenes regulation 3, 4, 5 or 7 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

Made this 22nd day of December 2010.

CHAN LAI FUNG

Permanent Secretary,
Ministry of Finance,
Singapore.

[F015.004.0007.Pt01.V17; AG/LLRD/SL/305A/2010/2 Vol. 1]

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