Broadcasting (Class Licence) Notification - Singapore Statutes Online

THE SCHEDULE

Paragraph 4

Conditions of Class Licence

1. In this Schedule —

“licensee” means a person who provides a licensable broadcasting service that is subject to a class licence under section 9 of the Act;

“newspaper” means any publication containing

(a)	news;
(b)	intelligence;
(c)	reports of occurrences;
(d)	remarks;
(e)	observations; or
(f)	comments,

and published in any form, for sale or free distribution, at regular intervals or otherwise, but does not include any publication published by or for the Government.

“service” means a licensable broadcasting service that is subject to a class licence under section 9 of the Act.

2.—(1) An Internet Service Provider shall —

(a)

(b)

faithfully and truthfully furnish such information and such undertakings, as the Authority may require in connection with the provision of the Internet Service Provider’s service; and

(c)

pay the following licence fees:

(i)

for the provision of a computer on-line service by an Internet Access Service Provider, $1,000 per annum;

(ii)

for the provision of a computer on-line service by a Non-localised Internet Service Reseller —

(A)	where the service is provided to 500 user-accounts or more, $1,000 per annum; and
(B)	where the service is provided to less than 500 user- accounts, $100 per annum; and

(iii)

for the provision of a computer on-line service by a Localised Internet Service Reseller, $100 per annum for each premise at which the computer on-line services are provided.

(2) Sub-paragraph (1) does not apply to a Localised Internet Service Reseller who, in the opinion of the Authority, provides Internet services —

(a)	for purposes only incidental to its primary business; or
(b)	for purposes of demonstration only on an occasional basis.

2A.—(1) An Internet Service Provider who is an Internet Access Service Provider licensed under section 5 of the Telecommunications Act (Cap. 323) (called in this paragraph an Internet Access Service Provider) must —

(a)	upon receiving any request for specified content filter services by any of its relevant subscribers, offer to provide that relevant subscriber specified content filter services;
(b)	inform any prospective relevant subscriber of the availability of specified content filter services before first providing to the prospective relevant subscriber access to the Internet;
(c)	inform a relevant subscriber of the availability of specified content filter services before renewing the subscription of that relevant subscriber;
(d)	where the application by a prospective relevant subscriber for access to the Internet is made on or after 28 December 2016, make reasonable attempts to obtain, within 14 days after the application, the prospective relevant subscriber’s agreement or refusal to subscribe to specified content filter services;
(e)	where the application by a relevant subscriber for renewal of subscription is made on or after 28 December 2016, make reasonable attempts to obtain, within 14 days after the application, the relevant subscriber’s agreement or refusal to subscribe to specified content filter services; and
(f)	for the duration of a relevant subscriber’s subscription to specified content filter services, provide reasonable technical support and instructional guides on the use of specified content filter services.

(2) Where a relevant subscriber of an Internet Access Service Provider subscribes to specified content filter services for the first time with the Internet Access Service Provider, the Internet Access Service Provider must, unless the subscriber agrees to pay for the specified content filter services —

(a)	provide specified content filter services at no additional cost to the relevant subscriber for a trial period; and
(b)	inform the relevant subscriber of the first and last dates of the trial period.

(3) An Internet Access Service Provider must, on or before the expiry of a trial period for a relevant subscriber, make reasonable attempts to obtain the relevant subscriber’s agreement or refusal to subscribe to specified content filter services after the expiry of the trial period.

(4) An Internet Access Service Provider must maintain records of a relevant subscriber’s agreement or refusal to subscribe to specified content filter services under sub‑paragraph (1) or (3) for a period of 12 months after the expiry of the relevant subscriber’s subscription.

(5) To avoid doubt, nothing in this paragraph prevents an Internet Access Service Provider from offering to provide or providing, whether at an additional cost or not, an arrangement that gives a relevant subscriber a means of preventing access by an end‑user to content in any programme through the World Wide Web, through —

(a)	the Internet Access Service Provider’s network or gateway; or
(b)	software installed on the end‑user’s device or computer equipment.

(6) An Internet Access Service Provider must, where required by the Authority in a written notice, take all reasonable steps —

(a)	to modify the Internet Access Service Provider’s content filter services; or
(b)	to enable the Internet Access Service Provider’s relevant subscribers who have subscribed to content filter services to modify such services,

so as to prevent access by an end‑user to such content in a programme on the World Wide Web specified in the written notice, being a programme that the Authority is satisfied is undesirable, harmful or obscene.

(7) In this paragraph —

“excepted service” means —

(a)	a computer online service providing access to the Internet through radio‑communication, for which the subscriber is not required to pay any type of fee as consideration, and is not required to accept as a condition for the computer online service, any condition that is not directly connected with the provision of the computer online service; or
(b)	a computer online service providing access to the Internet through radio‑communication in connection with a telecommunication technical trial or market trial, the operation and provision of which is licensed under section 5 of the Telecommunications Act;

“relevant subscriber” means a person in Singapore who subscribes to any computer online service that enables the person to obtain access to the Internet —

(a)	through any telecommunication line access at a private residence, whether or not owned by the relevant subscriber; or
(b)	through radio‑communication that is not an excepted service;

“specified content filter services” means an arrangement that gives a relevant subscriber a means of preventing access by an end‑user to, at the minimum, content in any programme through the World Wide Web that contains sexually explicit material or material that contains violence and gore, through an Internet Access Service Provider’s network or gateway;

“trial period”, in relation to a relevant subscriber, means the shorter of the following:

(a)	a period of 6 months, starting from the date that an Internet Access Service Provider provides content filter services to the relevant subscriber under sub‑paragraph (2); or
(b)	a period that is half of the relevant subscriber’s fixed term contract with an Internet Access Service Provider, starting from the date that the Internet Access Service Provider provides content filter services to that relevant subscriber under sub‑paragraph (2).

[S 674/2016 wef 28/12/2016]

3.—(1) Subject to sub-paragraph (2), an Internet Content Provider who is or is determined by the Authority to be a political party registered in Singapore providing any programme on the World Wide Web through the Internet shall register with the Authority within 14 days of the commencement of its service.

(2) Notwithstanding sub-paragraph (1), the Authority may permit the Internet Content Provider to register with the Authority within such longer time as the Authority may permit.

4. An Internet Content Provider who is or is determined by the Authority to be a body of persons engaged in the propagation, promotion or discussion of political or religious issues relating to Singapore on the World Wide Web through the Internet, shall register with the Authority within 14 days after the commencement of its service, or within such longer time as the Authority may permit.

5. If required by the Authority to do so by notice in writing —

(a)	an Internet Content Provider who is, or is determined by the Authority to be, in the business of providing through the Internet an on-line newspaper for a subscription fee or other consideration; and
(b)	an Internet Content Provider who is, or is determined by the Authority to be, an individual providing any programme, for the propagation, promotion or discussion of political or religious issues relating to Singapore, on the World Wide Web through the Internet,

shall register with the Authority within the time stipulated by the Authority in the notice.

6. An Internet Content Provider who is required to register or re-register, as the case may be, under paragraph 3, 4 or 5 shall —

(a)	register or re-register in such form and manner as the Authority may determine; and
(b)	provide the Authority with such particulars and undertakings as the Authority may require in connection with the provision of the Internet Content Provider’s service.

7. A licensee who is required to register or re-register, as the case may be, under paragraph 2, 3, 4 or 5 shall give the Authority 14 days written notice of its intention to terminate the provision of its service.

8. A licensee shall at all times comply with the laws of Singapore.

9. A licensee shall —

(a)

assist the Authority in the investigation into —

(i)	any breach of its licence; or
(ii)	any alleged violation of any law committed by the licensee or any other person; and

(b)

produce such information, records, documents, data or other materials as may be required by the Authority for the purpose of the investigation.

10.—(1) A licensee who intends to broadcast its service on —

(a)	a radio frequency;
(b)	any spare capacity or sub-carrier on a television or radio channel; or
(c)	television lines in the Vertical Blanking Interval,

shall, before the commencement of the broadcast of its service, apply to the Authority for approval to broadcast its service by such means.

(2) A licensee shall comply with the conditions attached to any approval issued by the Authority under sub-paragraph (1), which may include the condition requiring the payment of spectrum utilisation fees.

11. A licensee who provides a teletext service after 1st December 2003 shall pay an annual licence fee of $2,000 for each period of 12 months commencing from —

(a)	that date if the licensee starts to provide, or is continuing to provide a teletext service it is already providing on that date; or
(b)	the date the licensee starts providing its teletext service.

11A. A licensee who provides an audiotext service shall register with the Authority within 14 days of 15th April 2004, or in the case where it provides the service after that date, within 14 days of providing the service.

[S 196/2004 wef 15/04/2004]

12. The licensee shall keep and furnish to the Authority all information, records, documents, data or other materials concerning or relating to the provision of its service as the Authority may, from time to time, require.

13. A licensee shall use its best efforts to ensure that its service —

(a)

complies with such Codes of Practice as the Authority may issue from time to time; and

(b)

is not used for any purpose, and does not contain any programme, that —

(i)	is against the public interest, public order or national harmony; or
(ii)	offends against good taste or decency.

14. An Internet Content Provider who provides a webpage on the World Wide Web through the Internet to which other persons are invited to contribute or post programmes shall use its best efforts to ensure that such programmes conform with such applicable Codes of Practice as the Authority may issue from time to time.

15. A licensee who provides any licensable broadcasting service referred to in paragraph 3(a) to (e) of this Notification, shall —

(a)

ensure that its service is not used for, or in furtherance of, games and lotteries, the conduct of which is an offence under the Common Gaming Houses Act (Cap. 49) unless the licensee is exempted from the provisions of that Act;

(b)

avoid the broadcast of horse-racing analyses, commentaries or tips, other than horse-racing results, for the purpose of gambling;

(c)

ensure that its service is not used to advertise, provide or otherwise promote —

(i)	astrology;
(ii)	geomancy;
(iii)	palmistry; or
(iv)	any other type of fortune-telling device

(d)

ensure that its service is not used for the solicitation of prostitution or for any other immoral activity;

(e)

ensure that any professional advice, or any specialist consultancy service, offered on its service is offered by persons with qualifications recognised by the relevant professional bodies in Singapore;

(f)

in the case of the broadcast of sound recordings, ensure that only sound recordings that are acceptable to the Authority are broadcast; and

[S 70/2012 wef 23/02/2012]

(g)

in the case of the broadcast of films or video recordings, ensure that only films and video recordings that are approved for exhibition under the Films Act (Cap. 107) or exempted from the provisions of that Act or to which that Act does not apply are broadcast.

[S 70/2012 wef 23/02/2012]

16. A licensee shall remove, or prohibit the broadcast of, the whole or any part of a programme included in its service if the Authority informs the licensee that the broadcast of —

(a)

the whole or part of the programme is contrary to a Code of Practice applicable to the licensee; or

(b)

the programme —

(i)	is against the public interest, public order or national harmony; or
(ii)	offends against good taste or decency.

17. If any doubt arises as to whether a licensee has used its best efforts in compliance with the conditions of this licence, the licensee shall be treated as having used its best efforts if it satisfies the Authority that it took all reasonable steps in the circumstances.

18. Nothing in this Schedule shall exempt the licensee from complying with the requirements of any other written law relating to the provision of the licensee’s service.

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