Singapore legislation

Clause 61

of Info-communications Media Development Authority Bill

Clause 61

Codes of practice, etc.

(1)

The Authority may issue one or more codes of practice, standards of performance and advisory guidelines for all or any of the following purposes:

(a)

to enable and maintain fair market conduct in the media industry in Singapore;

(b)

to safeguard the interests of consumers of media services and of the public generally in relation to the provision of media services;

(c)

to provide guidance in relation to the operation or administration of any provision of this Part;

(d)

generally for carrying out the purposes of this Part.

(2)

Without limiting the generality of subsection (1), a code of practice may —

(a)

specify the obligations of a person in relation to the person’s business operations in the media industry; and

(b)

provide for fees or charges to be paid to the Authority in relation to any application or request made to the Authority under the code of practice.

(3)

The Authority may, at any time —

(a)

vary a code of practice, including by adding anything to the code of practice, with respect to any purpose specified in subsection (1); or

(b)

revoke a code of practice.

(4)

Upon issuing a code of practice under subsection (1), or varying or revoking the code of practice under subsection (3), the Authority must —

(a)

publish the code of practice, or its variation or revocation, in a manner that will secure adequate publicity for it;

(b)

specify in the publication, the date on which the code of practice, or its variation or revocation, takes effect; and

(c)

ensure that the code of practice (including any variation to it) remains available to the public for access and inspection without charge.

(5)

The issue, variation or revocation of a code of practice does not have force or effect until it has been published in accordance with subsection (4)(a) and (b).

(6)

If any provision of a code of practice is inconsistent with this Act or any other Act administered by the Authority, that provision —

(a)

has effect subject to this Act or that other Act; or

(b)

having regard to this Act or that other Act, does not have effect.

(7)

Subject to subsection (8) —

(a)

every regulated person must comply with a code of practice (or any part of it) applicable to that regulated person; and

(b)

every person who owns or controls an essential resource must comply with a code of practice (or any part of it) applicable to that person.

(8)

The Authority may, either generally or for such time as the Authority may specify, waive the application of any code of practice (or any part of it) to any person or class of persons.

(9)

A code of practice issued under this section is deemed not to be subsidiary legislation.