Broadcasting Act 1994 · 2020 Revised Edition · Part 11 · Offences and Penalties
48. Offences relating to unauthorised decoders and unauthorised reception of encrypted programmes
Feedback & supportA person must not manufacture, assemble, modify, import, export, sell, offer for sale, let for hire or otherwise distribute any decoder which the person knows is an unauthorised decoder.
A person must not wilfully receive or rebroadcast any encrypted programme which has been decoded without the authorisation of the lawful provider of a broadcasting service who had broadcast the programme.
encrypted
“encrypted” means treated electronically or otherwise to prevent intelligible reception;
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both, and any unauthorised decoder shall be forfeited to the Authority.
Where it is proved that a person has manufactured, assembled, modified, imported, exported, sold, offered for sale, let for hire or otherwise distributed any unauthorised decoder, it is presumed, unless there is evidence to the contrary, that the person knew that the decoder was an unauthorised decoder.
In this section and section 48A —
“decoder” means any apparatus or device (including a computer program) or any component or part thereof which is designed or adapted to enable (whether on its own or with any other apparatus or device) an encrypted programme to be decoded;
programme
“programme”, in relation to a broadcasting service, means —(a)any matter the primary purpose of which is to entertain, educate or inform all or part of the public; or(b)any advertising or sponsorship matter, whether or not of a commercial kind,but does not include any matter that is wholly related to or connected with any private communication, that is to say —(c)any communication between 2 or more persons that is of a private or domestic nature;(d)any internal communication of a business, Government agency or other organisation for the purpose of the operation of the business, agency or organisation; and(e)communications in such other circumstances as may be prescribed;
“lawful provider”, in relation to a broadcasting service, means —
provider
“provider”, for an online communication service, has the meaning given by section 2D;
a person who holds a broadcasting licence; or
broadcasting licence
“broadcasting licence” means a licence granted under section 8 or 9 for the provision of a licensable broadcasting service, and “broadcasting licensee” is to be construed accordingly;
in the case of a broadcasting service transmitted from a place outside Singapore, the person who is authorised to provide the broadcasting service in accordance with the laws of that place;
broadcasting service
“broadcasting service” means a service whereby signs or signals transmitted (whether or not encrypted) comprise —(a)any programme capable of being received, or received and displayed, as visual images, whether moving or still;(b)any sound programme for reception; or(c)any programme, being a combination of both visual image (whether moving or still) and sound for reception or reception and display,by persons having equipment appropriate for receiving or receiving and displaying (as the case may be) that service, irrespective of the means of delivery of that service;
“unauthorised decoder” means a decoder which is designed or adapted to enable an encrypted programme to be viewed in decoded form without the authorisation of the lawful provider of a broadcasting service who had broadcast the programme.