Singapore legislation
Clause 46
Clause 46
Funds from foreign source for purposes of certain broadcasting service
(1)
Subject to this section, no person shall, without prior consent of the Authority, receive any fund from any foreign source for the purposes of financing, directly or indirectly, wholly or in part, any broadcasting service owned or operated by any broadcasting company.
(2)
The Authority may grant its consent under subsection (1) if it is satisfied, on such information as it may require to be furnished to it, that the fund from a foreign source are intended for bona fide commercial purposes.
(3)
Notwithstanding subsection (1) where any fund from a foreign source is sent to a person without his prior knowledge, consent or solicitation and the fund is intended for or given by the sender for any purpose referred to in that subsection, that person shall, within 7 days of the receipt thereof, report to the Authority the circumstances and particulars of the receipt of the fund and the purpose for which the fund was received.
(4)
Where any fund from a foreign source has been received by a person for any purpose referred to in subsection (1) and the Authority refuses to grant its consent for the retention of the fund, the person shall, within such time as is specified by the Authority, return the fund to the sender thereof or, if the sender cannot be traced, donate the fund to any charity specified by the Authority.
(5)
Any employee of a broadcasting company who, having received any fund from a foreign source for the broadcasting of any item or programme or for adopting a particular line or bias in respect of any item or programme, fails to report in writing, within 7 days of the receipt of the fund, to the chief executive of the company shall be guilty of an offence and shall be liable on conviction to the same penalty prescribed by subsection (8).
(6)
For the purposes of subsection (5), any fund received from outside Singapore by an employee shall, until the contrary is proved, be presumed to be from a foreign source.
(7)
Nothing in this section shall apply to any dealing by any person in the shares of a broadcasting company quoted on a stock exchange in Singapore.
(8)
Any person who contravenes or fails to comply with subsection (1), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both, and the court may, in addition to any other penalty that it may impose, order the forfeiture to the Authority of any fund which is the subject of the charge.
(9)
For the purposes of this section and section 47 —
Definition
“foreign source” includes —
the government of a country outside Singapore or the agent of any such government, whether resident in Singapore or otherwise;
any company, association or society incorporated or constituted under any law in force outside Singapore whether or not it has a branch office or place of business in Singapore;
any person who is not a citizen of Singapore whether or not he is resident in Singapore; or
such other source outside Singapore as the Minister may, by notification in the Gazette, declare to be a foreign source for the purposes of this section and section 47;
Definition
“fund” means money, securities, movable or immovable property or other valuable consideration.