Selected Statutory Provisions on Content Regulation (2011)

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Selected Statutory Provisions:

Selected Statutory Provisions

CONSTITUTION OF THE REPUBLIC OF SINGAPORE :

CONSTITUTION OF THE REPUBLIC OF SINGAPORE Freedom of speech, assembly and association 14. —(1) Subject to clauses (2) and (3) — (a) every citizen of Singapore has the right to freedom of speech and expression; (b) all citizens of Singapore have the right to assemble peaceably and without arms; and

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(2) Parliament may by law impose — (a) on the rights conferred by clause (1) ( a ), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence; (b) on the right conferred by clause (1) ( b ), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and

FILMS ACT :

FILMS ACT Offences involving dealings in obscene films 29. —(1) Any person who makes or reproduces any obscene film (whether or not for the purposes of exhibition or distribution to any other person), knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence…

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Interpretation 2. —(1) In this Act, unless the context otherwise requires — “distribute” means to sell, hire out and supply and “distribution”shall be construed accordingly; "electronic transmission" includes facsimile transmission, electronic mail or other similar kinds of communication but excludes broadcasting; "film" means — (a) any cinematograph film; (b) any video recording, including a video recording that is designed for use wholly or principally as a game; (c) any other material record or thing on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or electronic device, is capable of being reproduced or displayed as wholly or partly visual moving pictures, "obscene" , in relation to a film, means a film the effect of which or (where the film comprises 2 or more distinct parts or items) the effect of any one of its parts or items is, if taken as a whole, such as to tend to deprave or corrupt persons who are likely, having regard to all relevant circumstances, to see or hear the film; "video recording" means any disc, magnetic tape or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture;

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(3) Any person who distributes, or has in his possession for the purposes of distributing, to any other person an obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence… (4) Any person who exhibits or has in his possession for the purposes of exhibiting to any other person an obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence…

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Possession of obscene films 30. —(1) Any person who has in his possession any obscene film shall be guilty of an offence Advertising obscene films 31. —(1) Any person who, for the purposes of distributing or exhibiting any obscene film to any other person, advertises the film by any means shall be guilty of an offence

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(3) In this section — "advertise" , in relation to a film, includes — (a) publicly exhibiting, displaying or supplying any advertising poster relating to the film; (b) announcing orally or by any means (including electronic transmission, facsimile transmission, electronic mail or other similar means of communication) other than by broadcasting any offer to sell or supply the film; or (c) distributing or circulating any advertisement relating to the film; "advertisement" includes any advertising poster, circular, catalogue or price list; "advertising poster" means any poster, placard, video slick, photograph or other printed pictorial matter that is intended for use in the advertising or exhibition of a film to the public and includes a miniature representation or enlarged representation of the whole or part of any such poster.

PENAL CODE:

PENAL CODE Sale of obscene books, etc. 292. —(1) Whoever — (a) sells, lets to hire, distributes, transmits by electronic means, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, transmission, public exhibition or circulation, makes, produces, or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure, or any other obscene object whatsoever; (b) imports, exports, transmits by electronic means or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited, or in any manner put into circulation; (c) takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, transmitted by electronic means, purchased, kept, imported, exported, conveyed, publicly exhibited, or in any manner put into circulation; (d) advertises, or makes known by any means whatsoever, that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or (e) offers or attempts to do any act which is an offence under this section, shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both. [51/2007] (2) For the purposes of this section, “object” includes data stored in a computer disc, or by other electronic means, that is capable of conversion to images, writing or any other form of representation. [51/2007]

UNDESIRABLE PUBLICATIONS ACT :

UNDESIRABLE PUBLICATIONS ACT Interpretation 2. In this Act, unless the context otherwise requires — "electronic transmission" includes facsimile transmission, electronic mail or other similar means of communication but excludes broadcasting; "publication" means any of the following other than a film:…(ii) on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or other electronic device, is capable of being reproduced or shown as any picture, photograph, word, statement, sign or representation,

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Meaning of obscene 3. For the purposes of this Act, a publication is obscene if its effect or (where the publication comprises 2 or more distinct parts or items) the effect of any one of its parts or items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

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Meaning of objectionable 4. —(1) For the purposes of this Act, a publication is objectionable if, in the opinion of any controller, it or (where the publication comprises 2 or more distinct parts or items) any one of its parts or items describes, depicts, expresses or otherwise deals with — (a) matters such as sex, horror, crime, cruelty, violence or the consumption of drugs or other intoxicating substances in such a manner that the availability of the publication is likely to be injurious to the public good; or (b) matters of race or religion in such a manner that the availability of the publication is likely to cause feelings of enmity, hatred, ill-will or hostility between different racial or religious groups.

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(2) In determining for the purposes of this Act whether or not any publication is objectionable, the following matters shall be considered: (a) the extent and degree to which, and the manner in which, the publication — (i) describes, depicts or otherwise deals with acts of torture, the infliction of serious physical harm, sexual conduct or violence or coercion in association with sexual conduct; (ii) exploits the nudity of persons or children or both; (iii) promotes or encourages criminal acts or acts of terrorism; (iv) represents, directly or indirectly, that members of any particular community or group are inherently inferior to other members of the public or of any other community or group; (b) the impact of the medium in which the publication is presented; (c) the character of the publication, including any merit, value or importance that the publication has in relation to literary, artistic, social, cultural, educational, scientific or other matters; (d) the standards of morality, decency and propriety that are generally accepted by reasonable members of the community; and (e) the persons, classes of persons or age groups of the persons to whom the publication is intended or is likely to be made available. [9/98] (3) The question whether or not a publication is objectionable is a matter for the expert judgment of any person authorised or required by or pursuant to this Act to determine it, and evidence as to or proof of any of the matters or particulars that the person is required to consider in determining that question is not essential to its determination except that if such evidence or proof of such matters or particulars is available, that person shall take that evidence or proof into consideration.

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Offences involving obscene publications 11. Any person who — (a) makes or reproduces, or makes or reproduces for the purposes of sale, supply, exhibition or distribution to any other person; (b) imports or has in his possession for the purposes of sale, supply, exhibition or distribution to any other person; or (c) sells, offers for sale, supplies, offers to supply, exhibits or distributes to any other person, any obscene publication (not being a prohibited publication) knowing or having reasonable cause to believe the publication to be obscene shall be guilty of an offence

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Offences involving objectionable publications 12. Any person who — (a) makes or reproduces, or makes or reproduces for the purposes of sale, supply, exhibition or distribution to any other person; (b) imports or has in his possession for the purposes of sale, supply, exhibition or distribution to any other person; or (c) sells, offers for sale, supplies, offers to supply, exhibits or distributes to any other person, any objectionable publication (not being a prohibited publication) knowing or having reasonable cause to believe the publication to be objectionable shall be guilty of an offence

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