Singapore legislation

Clause 5

of Info-communications Media Development Authority (Amendment) Bill

Clause 5

Amendment of section 61

In the principal Act, in section 61 —

(a)

replace subsection (1) with —“(1) The Authority may —

(a)

issue one or more codes of practice, standards of performance or advisory guidelines; or

(b)

approve, as a code of practice or standard of performance, any document prepared by a person other than the Authority, if the Authority considers the document to be suitable,for all or any of the purposes set out in subsection (1A).(1A) The purposes of each code of practice, standard of performance or advisory guideline are the following:

(a)

to enable and maintain fair and efficient 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.”;

(b)

in subsection (2)(a), delete “and” at the end;

(c)

in subsection (2), after paragraph (a), insert —“(aa)specify the rules and procedures that must be complied with by —

(i)

each regulated person;

(ii)

each person who holds any equity interest, or controls any voting power, in a regulated person;

(iii)

each person who acquires any business of a regulated person that is conducted pursuant to a broadcasting licence or newspaper permit, or any part of any such business, as a going concern; and

(iv)

each person who obtains effective control over a regulated person;

(ab)specify the terms and conditions on which the Authority may grant any written approval under section 65(1), (2) or (3); and”;

(d)

in subsections (3)(a) and (b), (6) and (9), after “code of practice” wherever it appears, insert “or standard of performance”;

(e)

in subsection (3)(a), replace “subsection (1)” with “subsection (1A)”;

(f)

replace subsections (4) and (5) with —“(4) Upon issuing a code of practice or standard of performance under subsection (1), or varying or revoking a code of practice or standard of performance under subsection (3), the Authority must —

(a)

publish the code or standard, or any variation or revocation of the code or standard, in a manner that will secure adequate publicity for the code or standard;

(b)

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

(c)

ensure that the code or standard (including any variation of the code or standard) remains available to the public for access and inspection without charge.(5) The issue, variation or revocation of a code or standard does not have force or effect until the code or standard, or the variation or revocation of the code or standard, as the case may be, is published in accordance with subsection (4)(a) and (b).”;

(g)

in subsections (7)(a) and (b) and (8), replace “code of practice (or any part of it)” with “code of practice or standard of performance (or any part of the code or standard)”; and

(h)

in subsection (7)(b), replace “every person who owns or controls an essential resource” with “every person who is an owner or a controller of an essential resource”.

Clause 5 — Info-communications Media Development Authority (Amendment) Bill