No. S 306/96
THE SINGAPORE BROADCASTING AUTHORITY ACT.
(CHAPTER 297).
THE SINGAPORE BROADCASTING AUTHORITY
(CLASS LICENCE) NOTIFICATION 1996.
In exercise of the powers conferred by section 21 of the Singapore
Broadcasting Authority Act, the Singapore Broadcasting Authority hereby
makes the following Notification:
Citation and Commencement.
1. This Notification may be cited as the Singapore Broadcasting Authority
(Class Licence) Notification 1996 and shall come into operation on 15th
July 1996.
Definitions.
2. For the purposes of this Notification -
"Internet Content Provider" means -
a. any individual in Singapore who provides any programme, for
business, political or religious purposes, on the World Wide Web
through the Internet; or
b. any corporation or group of individuals (including any
association, business, club, company, society, organisation or
partnership, whether registrable or incorporated under the laws of
Singapore or not) who provides any programme on the World Wide Web
through the Internet,
and includes any web publisher and any web server administrator;
"Internet Service Provider" means any of the following persons :
a. an Internet Access Service Provider licensed under section 26 of
the Telecommunication Authority of Singapore Act (Cap. 323);
b. a Localised Internet Service Reseller; or
c. a Non-localised Internet Service Reseller;
"Localised Internet Service Reseller" means a person -
a. who obtains Internet access from an Internet Access Service
Provider or from a Non-localised Internet Service Reseller; and
b. who provides Internet services obtained from the Internet Access
Service Provider, or the Non-localised Internet Service Reseller,
to all or part of the public; and
c. whose Internet services are available for reception only within a
single building, dwelling-house, hospital, educational
institution, residential, commercial or industrial complex, or any
other single temporary or permanent structure,
but does not include a person who provides Internet services to that
person's own employees for use solely within that person's firm or
corporation;
"Non-localised Internet Service Reseller" means a person who-
a. obtains Internet access from an Internet Access Service Provider;
and
b. provides Internet services obtained from the Internet Access
Service Provider to all or part of the public by leased
telecommunication lines, integrated services digital networks,
modems or by any other wired or wireless means;
but does not include a person who provides Internet services to that
person's own employees for use solely within that person's firm or
corporation;
"VAN computer on-line service" means a computer on-line service which
is licensed as a Value Added Network service under section 26 of the
Telecommunication Authority of Singapore Act (Cap. 323).
Licensable broadcasting services subject to class licence.
3. The provision of the following licensable broadcasting services are
subject to a class licence:
a. audiotext services;
b. videotext services;
c. teletext services;
d. broadcast data services;
e. VAN computer on-line services; and
f. computer on-line services that are provided by Internet Content
Providers and Internet Service Providers.
Conditions of class licence.
4. The conditions of the class licence referred to in paragraph 3 are set
out in the Schedule.
Application of conditions.
5. The conditions of the class licence set out in the Schedule apply to
the provision of any licensable broadcasting service that is subject to
a class licence where the service is available or continues to be
provided after 15th July 1996 notwithstanding that the service was
available or first provided before 15th July 1996.
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THE SCHEDULE
Paragraph 4.
CONDITIONS OF CLASS LICENSE
[ ... deleted ... ]
3. An Internet Content Provider who is or is determined by the Authority
to be -
a. a political party registered in Singapore providing any programme
on World Wide Web through the Internet; or
(chuckle) the SBA does not know the difference between program and programme!
3(a) above implies that the political party has to register EVEN IF the web
site is OUTSIDE Singapore. Did you know that the SBA could reach outside
Singapore's jurisdiction? I did not.August 17th SCS/SBA Internet Regulations Workshop- The SBA says that the yes, they can take action against these pages. There is still an issue of jurisdiction that can be challenged in court.
b. a body of persons engaged in the propagation, promotion or
discussion of political or religious issues relating to Singapore
on World Wide Web through the Internet,
shall register with the Authority within 14 days of 15th July 1996 or,
in the case of an Internet Content Provider who provides the service
after 15th July 1996, within 14 days after the commencement of its
service, or within such longer time as the Authority may permit.
OK, let's discuss Singapore politics on a non Singaporean machine and non-Singapore
politics on a Singaporean machine. I suppose 3(b) above will allow me that. So,
let's talk about the illegal Indonesian occupation of East Timor and the illegal
Chinese occupation of Tibet on a Singaporean machine. That, in SBA's terms, would
be halal.August 17th SCS/SBA Internet Regulations Workshop- The SBA confirms that yes, it is indeed correct that we can discuss other countries politics on our local machines without registration, but not Singapore politics without registration.
4. 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
Yeah, right and San Jose Mercury News, The Wall Street Journal would give two
hoots about the SBA. This example is sufficient to show how ludicrous
the goyanglines are. [ goyang is Malay for shaky]. August 17th SCS/SBA Internet Regulations Workshop- The SBA says that they would request foreign publications to register and do not think it will be a problem.
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.
OK, then move the site overseas. What would the SBA do in that case - get
the ISP to block specific pages in some subdirectory? That's micro
management for you. Why do we need to play this cat and mouse game in the 90s? This
is not the cold war we are fighting - that is long since defrosted. We are dealing
with genuine discussions by citizens of Singapore. If the Singapore public
elected the political masters of the SBA, by denying or putting hindrances
in the discussion of politics, the political masters are thumbing their
collective noses at the people - the very people who voted them in. Do
remember that the government is answerable to the people and not the other
way around. General
Elections are just around the corner.[ ... deleted paras 5-12 ...]
13. A licensee who provides any licensable broadcasting service referred to
in paragraph 3 (a) to (e) of the 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, geomancy, palmistry; or
ii. any other type of fortune-telling device;
This takes the cake. In 23 words, 13(c) wipes out centuries of human
tradition and culture - and some of it is labelled as "Asian Values".
Am beginning to wonder if the drafters of 13(c) were under the influence
of something illegal when they wrote this? Can the drafters handle
sarcasm?August 14 - After my letter in response to Koh Buck Song's column referred to at the top is printed in the ST today, I get a friendly e-mail saying that the section 13(c) above are applicable to only services listed in 3 (a)-(e) of the Notification above and not (f). Since 3(a) is "audiotext services", how come there are geomancy (Fengshui) and horoscopes available from Singapore Press Holdings' audiotext service? They in fact, advertise their services in their deadtree version as well as on the net. There is already non-compliance of the guidelines in the first place. What gives?
August 17th SCS/SBA Internet Regulations Workshop- Geomancy, palmistry, horoscopes and fortune-telling are listed somewhere in our statutes as being illegal. Did you KNOW that? I did not. Since every one is doing these things anyway, why persist with it?
d. ensure that its service is not used for the solicitation of
prostitution, or for any other immoral activity;
QUIZ: Define immoral activity (would drafting such goyanglines count?).
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;
Hmm. Interesting. Say I invite a famous foot doctor from Mongolia and I
ask him questions to which he gives answers. And, being the nice guy that I am,
decide to put both the questions and answers on my home page - would I be in
breach because this podiatrist was not recognized in Singapore? The driftnet
quality of this law is amazing.
f. in the case of the broadcast of sound recordings, ensure that only
sound recordings that are acceptable to the censorship section of
the Ministry of Information and the Arts are broadcast; and
g. in the case of the broadcast of films or video recordings, ensure
that only films and video recordings that are approved by the
Board of Film Censors are broadcast, unless the film or video
recording is one to which the Films Act (Cap. 107) does not apply
or is one which is exempted from the provisions of that Act.
Wow. Awesome. There goes all my Eddie Murphy Raw .wav files and Robin Williams
jokes. Does the "censorship section of the MITA" and the BFC put out a black
list of such taboo stuff for all to read? On the net? Get on with it then!
14. 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.
Whose good taste or decency? I suppose all racially oriented jokes are
out. Who are you trying to kid, O drafters?
15. 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.
16. 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.
Made this 11th day of July 1996.
Goh Kim Leong
Chairman,
Singapore Broadcasting Authority.
[(P) CMS 5/1 (c); AG/SL/24/94 Vol.1]
THE SINGAPORE BROADCASTING AUTHORITY ACT (CHAPTER 297)
It is hereby notified for general information that, in exercise of the
powers conferred by section 18 of the Singapore Broadcasting Authority Act,
the Singapore Broadcasting Authority has issued, with effect from 15th July
1996, the Internet Code of Practice as set out in the Schedule:
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THE SCHEDULE
INTERNET CODE OF PRACTICE
Foreword
1 -(1) The Singapore Broadcasting Authority Act (Cap. 297) makes it the
statutory duty of the Singapore Broadcasting Authority to ensure that
nothing is included in any broadcasting service which is against public
interest or order, national harmony or which offends against good taste
or decency. This Code of Practice has been produced by the Singapore
Broadcasting Authority for the purpose of this statutory duty.
(2) All Internet Service Providers and Internet Content Providers
licensed under the Singapore Broadcasting Authority (Class Licence)
Notification 1996 are required to comply with this Code of Practice and
to satisfy the Authority that they have taken reasonable steps to
fulfil this requirement. Under the Singapore Broadcasting Authority
Act, the Authority has the power to impose sanctions, including fines,
on licensees who contravene this Code of Practice.
Fines? Did I read that right? Fines for a code of practice? How much
is it anyway? Why is it silent on that? Who do I appeal to? Can I buy
a season fine ticket :-)?
August 17th SCS/SBA Internet Regulations Workshop-
The fine is S$100,000!
Internet Code of Practice
2. Licensees must use their best efforts to ensure that nothing is
included in any programme on Internet which is against the public
interest, public order, national harmony or which offends against good
taste or decency, and in particular the following Internet contents
should not be allowed:
(a) Public Security and National Defence
(i) Contents which jeopardise public security or national defence.
(ii) Contents which undermine public confidence in the
administration of justice in Singapore.
(iii) Contents which present information or events in such a way
as to alarm or mislead all or any part of the public.
What would constitute an alarm? Would H G Well's "War of the Worlds" radio
show be in that category? What kind of "code of practise" is this?
(iv) Contents which tend to bring the Government of Singapore into
hatred or contempt, or which excite disaffection against the
Government of Singapore.
This is my favourite. Disaffection against the govt. If I ask you to vote
your conscience and in the process convince you to vote against the ruling party,
am I guilty of disaffection? What is this, SBA? You are making Singapore the
laughing stock of the world. Such wording is what I would expect the pinkos,
commies and Mcarthites of the world to say, not a department of a government that
got into power through the democratic voting process! If this commentary of mine
causes disaffection against the govt, I am guilty, right?August 10th 1996: It has been pointed out to me that the "disaffection" part is lifted right out of the Sedition Act. OK, why include it here? Why not leave it in the Sedition Act? By including this statement here, the SBA is working the classic FUD strategy. No one gains. We all loose.
(b) Racial and Religious Harmony
(i) Contents which denigrate or satirise any race or religious
group.
No more racial or religious jokes people - we need to unsubscribe from
rec.humor.funny now! We have to be sterilized now. Singaporeans are not
allowed to laugh at these things - the SBA thinks that we are lacking in
good judgement when we come across such jokes and satire and that we will take
such statements seriously. We need handholding.August 17th SCS/SBA Internet Regulations Workshop- All of this is from the Maintenance of Religious Harmony Act of the late 80s. So, indeed, the SBA says that such jokes are not halal/kosher.
(ii) Contents which bring any race or religious group into hatred
or resentment.
(iii) Contents which promote religious deviations or occult
practices such as Satanism.
If the SBA were established during the time of Christ, Mohammad, Krishna or
Buddha, these great religions would have been banished. Heck, if the SBA
was around when Adam and Eve were roaming the Garden of Eden, we would
STILL be in that Garden!
(c) Public Morals
(i) Contents which are pornographic or otherwise obscene.
Raise hands all those who have a problem with the preceding 1st half of the
sentence. I don't. This is the ONE and ONLY place I can agree with the SBA
- though I do not classify Playboy and Penthouse as porn :-). Having said that,
what does the 2nd half "otherwise obscene" mean? Let's be pedantic here.
"Pornographic or otherwise obscene" means that something can be
non-pornographic and yet be obscene. Is that possible - are we talking
about language here? Have we forgotten the colourful (obscene perhaps?)
language used in the SAF? Even it were so, who's the judge? SBA? Board
of Censors? Me (in which case I would declare that this set of goyanglines
as "otherwise obscene" - 'cos it goes against my grain)? Are R(A) movies in
that category? Are web sites that discuss mildly erotic R(A) movies (say),
carrying "otherwise obscene" contents? Did we just loose clarity of thought
or what? Did the train just leave the station without the engine?August 17th SCS/SBA Internet Regulations Workshop- Yes, pages with x-letter words are not acceptable.
(ii) Contents which propagate permissiveness or promiscuity.
In which case, they should not allow the sorry excuse of a TV station, Channel
5, from airing thrash like Beverly Hills 123456 etc. If that show isn't
propagating permissiveness and promiscuity, I don't know what is.August 17th SCS/SBA Internet Regulations Workshop- But, Beverly Hills 123456 is allowed to be shown after 9:30 p.m. which is the time for more adult-oriented themes.
(iii) Contents which depict or propagate gross exploitation of
violence, nudity, sex or horror.
What is gross exploitation of horror, SBA? I don't know. I am numbed by your
brilliance. To bring the analogy to it's ridiculous extreme, if the SBA
was around when Adam was alone, Eve would not have been created as taking out
the rib could be characterized as gross exploitation of violence and horror.
(iv) Contents which depict or propagate sexual perversions such as
homosexuality, lesbianism, and paedophilia.
[(P) CMS 5/1 (c); AG/SL/24/94 Vol 1]
Medical opinion these days say that homosexuality is NOT a perversion but a
biological manifestation. You DO NOT codify such uninspired statements into
a document and call it the "Internet Code of Practise". That is making a
mockery of codes of practise.So, there you have it. We should be fighting battles we can win not these losing concerns. We should be educating the public/parents/educators on how to reduce the exposure to porn and other similar stuff of impressionable children. That, I think, most people would agree with.
These guidelines are written in very vague terms that allow for extremely wide interpretation to suit the situation at the time of interpretation. THAT is NOT how laws are to be written. The SBA Internet Guidelines MUST be challenged in court and like the US CDA, be thrown out. But, alas, I think it will not be :-(.
What is even more unnerving is that there is NOTHING spelt out on HOW any decision by the SBA can be appealed. The SBA Act does allow for appeals to be made which is to the Minister. Oops. Not to the courts? What kind of guarantees do we get here? The judge and executor is the same here. I don't know. I am not a lawyer, but a concerned citizen and am interpreting all of this to the best of my knowledge and ability.
Will we see the end of this soon? I hope so. The Malaysian Multimedia Supercorridor will be a free place, so says Anwar and Dr Mahatir. That WILL overshadow Singapore. What happens then, O community interest safeguarding SBA?
The government says that they want to keep the Net that passes through Singapore clean. Let's look at it. The Information Superhighway is tens of thousands of km long and of that, perhaps no more 10 km pass through Singapore. So, we will have a 10 km stretch pristine, clinically clean, devoid of any colour and creativity, halal and kosher etc. But, go out of the 10 km zone, and life begins. Kinda like how Singaporeans behave when they go to our neighbouring countries and go hog wild doing things that are not halal in Singapore - like BUYING chewing gum (chewing chewing gum is OK here, for those who do not know - one cannot sell it that's all).
Last updated August 20th 1996
Copyright 1996 Harish Pillay