Films Act 1981 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act relating to the possession, importation, making, distribution and exhibition of films, and to provide for the classification of films and for the enforcement of those classifications. [25/2018] [1 October 1981] Short title 1. This Act is the Films Act 1981. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “advertisement”, for a film — (a) means any of the following where used or apparently used to give publicity to the film or to promote (directly or indirectly) the distribution or public exhibition of the film: (i) any words, whether written or in an audible message; (ii) any still picture, sign, symbol or other visual image or representation; (iii) any combination of 2 or more of those things in paragraph (i) or (ii); but (b) does not include — (i) a trailer of any film; (ii) an advertisement about a film in a book, newspaper, periodical or magazine; (iii) a catalogue or price list about films; (iv) an advertisement about a film appearing on an item of clothing or apparel; (v) a website advertisement about a film; (vi) an advertisement about a film that is broadcast; or (vii) any communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public about any film; Examples (a) A flag, poster, placard, banner, photograph, sketch or signboard about a film. (b) An advertisement woven in, impressed on, worked into or annexed to, a container, covering, package, casing, box or other thing in or with which a film is distributed. “affix”, for a label relating to a film, means any of the following: (a) to apply the label to the film; (b) to weave in, impress on, work into or annex the label to, a container, wrapping, casing, box or other thing in or with which the film is distributed; (c) to apply the label, or to incorporate the label in, an instruction or other like document that accompanies the film; “Authority” means the Info‑communications Media Development Authority established by the Info‑communications Media Development Authority Act 2016; “broadcasting service” has the meaning given by section 2(1) of the Broadcasting Act 1994; “business” includes any business in Singapore, whether or not carried on for profit and whether or not its primary function is connected with films; “child” means a person who is below 14 years of age; “cinematograph film” means a slide, disc, tape or other article or thing in which visual images are embodied and from which a moving picture may be shown or produced, and includes the aggregate of sounds embodied in a soundtrack (if any) associated with the visual images forming part of the cinematograph film; “class licence” means a class licence determined under an order made under section 10A(1); “class licensee” means a person to whom an order under section 10A(1) applies; “classification certificate” means a classification certificate issued under section 18; “classification label” means a classification label made available under section 18; “classification officer”, in relation to any provision of this Act or its subsidiary legislation, means an officer of the Authority who is appointed as a classification officer under section 4(1)(a) for the purposes of that provision; “classification rating” means a rating prescribed under section 13; “classified”, in relation to a film, means — (a) classified or re-classified by the Authority under section 15 (including deemed classified under section 15(9)); (b) classified by a film content assessor and deemed by section 20(1) to be classified by the Authority; (c) classified or re-classified under section 26 or 27 by the Committee of Appeal (whether before, on or after 29 April 2019; or (d) classified by the Board of Film Censors by specifying the classification for the film in a certificate approving the exhibition of the film under this Act as in force before 29 April 2019; “classify”, in relation to a film, means assigning under section 15 a classification rating for the film; “Committee of Appeal” means the Committee of Appeal established under section 25; “computer generated image” means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, mobile device or similar medium from electronically recorded data; “contentious material”, for a film, means material comprised in the content of the film that is within the ambit of section 16; “distribute” means doing any of the following without using a broadcasting service: (a) sell, supply or let for hire to a person in Singapore; (b) offer or agree to sell, supply or let for hire to a person in Singapore; (c) cause or permit to be sold, supplied to or hired by a person in Singapore; (d) under or in connection with a commercial arrangement — (i) exchange or supply to a person in Singapore; or (ii) enable or assist an exchange or a supply to a person in Singapore, even if the exchange or supply is not, by itself, a commercial arrangement; (e) display or invite to treat for an act mentioned in paragraph (a), (b), (c) or (d); “election” means an election under the Parliamentary Elections Act 1954 or the Presidential Elections Act 1991; “electronic transmission” includes electronic mail, telecommunications and other electronic communication; “enforcement officer”, in relation to any provision of this Act or its subsidiary legislation, means an officer of the Authority who is appointed as an enforcement officer under section 4(1)(c) for the purposes of that provision; “evidential material” means any of the following: (a) a thing with respect to which an offence under this Act or its subsidiary legislation has been or is suspected, on reasonable grounds, to have been committed; (b) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence under this Act or its subsidiary legislation; (c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence under this Act or its subsidiary legislation; “exempt film” means a film that is, by section 40, exempt from all provisions of this Act; “exhibit” includes — (a) for a film that is a video game — to demonstrate or display the video game, but does not include any activity that is public entertainment within the meaning of the Public Entertainments Act 1958; and (b) for a film that is not a video game — to display, screen or project the contents contained in the film in order that another individual may see it (regardless of the manner of the film’s reception), and further includes the meaning given in subsection (5); “film” means — (a) a cinematograph film or video recording; (b) a video game; or (c) any other form of recording from which a moving visual image (except as provided otherwise in subsection (5)) including a computer generated image, can be produced and viewed (together with its soundtrack), and includes any trailer for a film and any part of a film; “film content assessor” means an individual who is registered under section 19, but does not include an individual during the period his or her registration under that section is suspended; “interactive game” means a game in which the way the game proceeds, and the result achieved at various stages of the game, is determined in response to decisions, inputs and the direct involvement of the player; “its subsidiary legislation”, in relation to this Act, means any subsidiary legislation made under this Act; “licence” means a licence granted under section 7; “licensee” means the person to whom a licence is granted, but does not include — (a) a class licensee; or (b) a person during the period the person’s licence is suspended; “licensing officer”, in relation to any provision of this Act or its subsidiary legislation, means an officer of the Authority who is appointed under section 4(1)(b) for the purposes of that provision; “mobile device” includes a mobile telephone or other device that is designed to run a mobile operating system; “modify”, in relation to any conditions of a licence or classification certificate, includes — (a) deleting, or varying and substituting such a condition; and (b) adding any such condition; “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; “occupier”, in relation to a place, means the person in occupation of the place (whether or not an owner or lodger), and includes the person otherwise having the charge, management or control of the place either on his or her own account or as agent of another person; “party political film” means a film — (a) that is an advertisement made by or on behalf of any political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body; or (b) that is made by any person and directed towards any political end in Singapore; “place” includes — (a) any vacant land in Singapore; (b) any, or part of any, building or structure of any kind in Singapore, whether vacant or occupied; or (c) any vehicle, vessel or aircraft in Singapore, other than — (i) a vehicle on a journey, whether direct or indirect, between a place in Singapore and a place outside Singapore and includes any part of the journey that may occur within Singapore; (ii) a vessel on a voyage, whether direct or indirect, between a place in Singapore and a place outside Singapore and includes any part of the voyage that may occur within Singapore; or (iii) an aircraft on a flight that passes through the airspace over the territory of more than one country and includes any part of the flight that may occur within Singapore; “prohibited film” means a film that is the subject of an order made under section 35(1); “public place” means — (a) any place in Singapore to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the place may be restricted at particular times or for particular purposes; or (b) a part of a place in Singapore that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public, whether or not it is an approved place within the meaning of the Public Entertainments Act 1958; “publicly exhibit”, in relation to a video game, a film that is not a video game, or an advertisement for a film, means to exhibit the video game, film or advertisement (as the case may be) in a public place (such as a cinema or theatre) or so that it can be seen from a public place, and includes — (a) arranging or conducting the exhibition of the video game, film or advertisement (as the case may be) in a public place or so that it can be seen from a public place; or (b) having the superintendence or management of the place in or from which the video game, film or advertisement (as the case may be) is publicly exhibited; “publish”, in relation to an advertisement for a film, means to publicly exhibit, display, disseminate or otherwise communicate the advertisement to the general public; “re-classify”, in relation to a classified film, means to review the classification for the film and — (a) to alter the classification by raising or lowering the classification applicable to the film; or (b) to revoke the classification for the film; “register of film content assessors” means the register of film content assessors required under section 20C to be kept and maintained by the Authority; “supply”, in relation to a film, includes any of the following: (a) supplying the contents of the film by electronic transmission to which this Act applies; (b) offering or giving the film as a prize in any lottery, raffle, draw, game or competition; (c) offering or giving away the film for the purpose of advertisement or in furtherance of any business; “telecommunications” has the meaning given by section 2 of the Telecommunications Act 1999; “trailer”, in relation to a film, means a cinematograph film or video recording that — (a) contains selected extracts or images from, or part of, the film; and (b) is used for, or prepared for the purpose of, giving publicity to the film; “video game” means a kind of film that is a disc, tape, storage device or other article or thing embodying — (a) a computer program, and any associated data, that is capable of generating a display on a computer monitor, television screen, mobile device or similar medium that allows the playing of an interactive game; or (b) a computer program, and any associated data, that is — (i) capable of generating new elements or additional levels into a game (called in this definition the original game) that is a computer program; and (ii) contained in a device separate from that containing the original game, but excludes a video game made available by means of a computer online service that is a broadcasting service and is played — (c) on a mobile device or other device onto which the video game has been installed; or (d) while the player is using a broadcasting service that enables end‑users to access the Internet; “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; “young person” means a person who is 14 years of age or above but below 18 years of age. [25/2018; 30/2019] (2) For the purposes of this Act, a film is directed towards a political end in Singapore if the film — (a) contains wholly or partly any matter that, in the opinion of the Authority, is intended or likely to affect voting in any election or national referendum in Singapore; or (b) contains wholly or partly references to or comments on any political matter that, in the opinion of the Authority, are either partisan or biased; and “political matter” includes but is not limited to any of the following: (i) an election or a national referendum in Singapore; (ii) a candidate or group of candidates in an election; (iii) an issue submitted or otherwise before electors in an election or a national referendum in Singapore; (iv) the Government or a previous Government or the opposition to the Government or previous Government; (v) a Member of Parliament; (vi) a current policy of the Government or an issue of public controversy in Singapore; or (vii) a political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body. [13/2009; 25/2018] (3) Despite subsections (1) and (2), none of the following films are to be regarded for the purposes of this Act as a party political film: (a) a film that is made solely for the purpose of reporting of news by a broadcasting service licensed under any written law; (b) a film that is made solely for the purpose of informing or educating persons on the procedures and polling times for any election or national referendum in Singapore; (c) a film that records live the whole or a material proportion of any performance, assembly of persons or procession that is held in accordance with the law and that does not depict any event, person or situation in a dramatic way; (d) a film designed to provide a record of an event or occasion that is held in accordance with the law for those who took part in the event or occasion or are connected with those who did so; (e) a documentary film without any animation and composed wholly of an accurate account depicting actual events, persons (deceased or otherwise) or situations, but not a film — (i) wholly or substantially based on unscripted or “reality” type programmes; or (ii) that depicts those events, persons or situations in a dramatic way; (f) a film without animation and dramatic elements — (i) composed wholly of a political party’s manifesto or declaration of policies or ideology on the basis of which candidates authorised by the political party to stand will seek to be elected at a parliamentary election; and (ii) made by or on behalf of that political party; (g) a film without animation and dramatic elements — (i) composed wholly of a candidate’s declaration of policies or ideology on the basis of which the candidate will seek to be elected at a parliamentary or presidential election; and (ii) made by or on behalf of that candidate. [13/2009] (4) This Act extends to apply to an electronic transmission — (a) the sender of which is — (i) an individual who is physically present in Singapore when the electronic transmission is sent; or (ii) an entity whose central management and control is in Singapore when the electronic transmission is sent, unless none of the recipients of the transmission is a person in paragraph (b); (b) the recipient of which is — (i) an individual who is physically present in Singapore when the electronic transmission is sent; or (ii) an entity that carries on business or activities in Singapore when the electronic transmission is accessed, even though the sender is outside Singapore; (c) where the computer, server or mobile device that is used to access the electronic transmission is located in Singapore; or (d) if the electronic transmission cannot be delivered because the relevant electronic address has ceased to exist (assuming that the electronic address existed), where it is reasonably likely that the electronic transmission would have been accessed using a computer, server or mobile device located in Singapore. [25/2018] (5) Without affecting the definition of “exhibit” in subsection (1), where content (but not live content) comprising wholly or in part moving images — (a) is supplied by a broadcasting service, telecommunications or other electronic transmission (such as real-time transmission); and (b) is received on a computer monitor, television screen, mobile device or similar medium equipment appropriate for receiving that content, the showing of the content by the recipient to one or more other individuals is taken to be an exhibition of a film and in these circumstances, the content comprising wholly or in part moving images so received is deemed to be a film. [25/2018] (6) To avoid doubt, private viewing alone of a film by an individual does not constitute exhibiting the film by the individual. [25/2018] (7) Any power under section 23, 34 or 34A to require an individual or a person to furnish any document or information includes the power — (a) to take reasonable steps to require the individual to furnish the document or information immediately or at a place and time specified in writing; (b) to require the individual to provide an explanation of the document or information; (c) if the document or information is not furnished, to require the individual to state, to the best of the individual’s knowledge and belief, where the document or information is; (d) if the information is recorded otherwise than in legible form, to require the information to be made available in legible form; and (e) to require the individual to answer the question immediately or at a place and time specified in writing. [25/2018] Authority to administer this Act 3. It is the function of the Authority to exercise licensing and classification functions in accordance with this Act with respect to films, and to otherwise enforce and administer this Act. [25/2018] Classification officers, licensing officers and enforcement officers 4.—(1) The Authority may appoint any officer of the Authority as all or any of the following: (a) a classification officer for the administration and enforcement of any provision of this Act or its subsidiary legislation in relation to classification of films; (b) a licensing officer for the administration and enforcement of any provision of this Act or its subsidiary legislation in relation to licensing; (c) an enforcement officer for exercising powers conferred by a provision of this Act or its subsidiary legislation on an enforcement officer. [25/2018] (2) An enforcement officer may exercise powers conferred under this Act or its subsidiary legislation only to the extent authorised by the Authority, which may include being directed by another suitably senior enforcement officer. [25/2018] (3) The Authority must issue to each enforcement officer an identification card, which must be carried at all times by the officer when exercising his or her powers under this Act or its subsidiary legislation. [25/2018] (4) It is not an offence under this Act for any person to refuse to comply with any request, demand or order made or given by any enforcement officer who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person. [25/2018] Advisory committees 4A.—(1) The Minister may appoint one or more advisory committees to provide advice to the Authority with regard to the performance of any of its functions in relation to any film. [13/2009; 25/2018] (2) Before making any decision under this Act in relation to a film and for the purpose of forming an opinion on which to base such decision, the Authority may consult with the relevant advisory committee in respect of the film but, in making such decision, is not bound by such consultation. [13/2009; 25/2018] Delegation of powers and duties by Authority 5.—(1) Subject to subsection (4), the Authority may delegate to — (a) a classification officer the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act or its subsidiary legislation relating to classification of films; or (b) a licensing officer the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act or its subsidiary legislation relating to licensing, and any reference to the Authority in that provision includes a reference to such a classification officer or licensing officer, as the case may be. [25/2018] (2) No delegation under subsection (1) debars the Authority from the exercise of any power or the performance of any duty so delegated. [25/2018] (3) A delegation under subsection (1) may be general or in a particular case, and may be subject to such conditions or limitations as set out in this Act or as the Authority may specify. [25/2018] (4) Nothing in this section authorises the Authority delegating the power of delegation conferred by this section. [25/2018] Licence to import, distribute or publicly exhibit film 6.—(1) A person must not, unless authorised to do so by a licence or class licence — (a) import any film in the course of any business; (b) distribute any film in the course of any business; or (c) publicly exhibit any film in the course of any business. [25/2018] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — (a) to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both; and (b) in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [25/2018] Application for licence 7.—(1) An application for a licence must be made to the Authority, be accompanied by an application fee (if prescribed), and be made in the form or manner determined by the Authority. [25/2018] (2) On receipt of an application under subsection (1), the Authority must consider the application and may grant a licence with or without conditions or refuse to grant a licence without assigning any reason. [25/2018] (3) A licence may be granted in such form as the Authority determines. [25/2018] (4) Subject to subsection (5), the Authority may, at any time, modify the conditions of a licence. [25/2018] (5) Unless the Authority considers it impractical or undesirable in the circumstances of the case, the Authority must, before proceeding to modify any condition of a licence under subsection (4), give the licensee concerned written notice of its intention to do so, and an opportunity to make a representation, within such time as may be specified in the notice, as to why the condition should not be modified. [25/2018] Security 8.—(1) The Authority may, upon granting a licence, require the licensee to give a performance bond, guarantee or other form of security on such terms and conditions and of such amount as the Authority considers appropriate — (a) to ensure that the provisions of this Act and its subsidiary legislation, and the conditions of the licence, will be duly observed; and (b) to meet any financial penalty arising out of any proceedings under section 11 against the licensee. [25/2018] (2) If a licensee fails to pay any financial penalty ordered under section 11, the Authority may enforce the payment by forfeiting the whole or any part of any deposit placed by the licensee under this section. [25/2018] (3) This section does not affect the operation of section 11. [25/2018] Licence fee 9. Every licensee must pay such licence fee as may be prescribed. Period for which licence is in force 10. A licence is in force for such period as the Authority may determine and may be renewed at the discretion of the Authority on its expiry. [25/2018] Class licence for certain imports, etc., of certain films 10A.—(1) The Authority may, by order in the Gazette, determine a class licence that authorises any person to which the order applies — (a) to import, distribute or publicly exhibit a film of a specified kind in the course of any business; (b) to import, distribute or publicly exhibit a film in the course of a specified kind of business; or (c) to import, distribute or publicly exhibit a film of a specified kind in the course of a specified kind of business. [25/2018] (2) The Authority may include in the class licence any condition that it thinks fit, including but not limited to the following: (a) a condition specifying the places at which, the geographical area within which, or the periods during which, the import, distribution or public exhibition of the film is authorised under the class licence; (b) a condition that any class licensee under the class licence must comply with a code or standard incorporated by the class licence and made applicable to the person; (c) a condition that facilitates compliance by class licensees with the classification requirements of this Act, and the order in the Gazette must include all the conditions of the class licence. [25/2018] (3) Different conditions may be specified for different types of activities described in subsection (1). [25/2018] (4) Subject to this section, the Authority may, by order in the Gazette, vary the class licence by — (a) varying or revoking any condition specified in the class licence; or (b) specifying additional conditions of the class licence. [25/2018] (5) Before varying a class licence under subsection (4) or revoking the order under subsection (1) and ending a class licence, the Authority must, unless the Authority considers it impractical or undesirable in the circumstances of the case, cause to be published, in accordance with subsection (6), a written notice that — (a) states that the Authority proposes to vary the class licence, or to end the class licence; (b) describes the proposed variation or ending; and (c) invites interested persons to make representations about the proposed variation or ending by a specified date that is at least one month after the date of publication of the notice. [25/2018] (6) A notice under subsection (5) must be published on the Authority’s website or in one or more other forms that are readily accessible by the public. [25/2018] (7) The Authority must, before varying a class licence under subsection (4) or revoking the order under subsection (1) and ending a class licence, give due consideration to any representations made to it pursuant to the notice given in accordance with subsection (5). [25/2018] (8) The import, distribution or public exhibition of a film by any person to which an order under subsection (1) applies is deemed authorised by a licence if it is done in accordance with the conditions of the class licence. [25/2018] Regulatory action against licensees, etc. 11.—(1) Subject to this section, the Authority may, without compensation, by written order, take regulatory action described in subsection (2) against a licensee or class licensee if the Authority is satisfied that — (a) the licensee is contravening or has contravened any condition of its licence, or the class licensee is contravening or has contravened any condition of the class licence, which contravention is not an offence under this Act; (b) the licensee or class licensee has been convicted, on or after 29 April 2019 but during the term of its licence or the class licence, of any offence under this Act or its subsidiary legislation which is committed on or after that date; (c) the licence had been obtained by the licensee by fraud or misrepresentation; (d) the licensee or class licensee has ceased — (i) to import or distribute films in the course of any business; or (ii) to publicly exhibit films in the course of any business; (e) the licensee or class licensee has been declared bankrupt, or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; (f) the licensee or class licensee has failed to comply with a requirement under subsection (2)(b)(iv) or section 8 or an order under this section to pay a financial penalty; (g) the licensee has imported or distributed, or publicly exhibited (as the case may be) films in the course of business in contravention of any order of the Authority made under subsection (2)(b)(ii) or (iii); or (h) the public interest so requires. [25/2018] (2) The regulatory action that the Authority may take against a licensee or class licensee is as follows: (a) with or without forfeiting any security furnished by the licensee under section 8 or this section — (i) revoke a licence of that licensee; or (ii) disapply the class licence in an order under section 10A(1) with respect to that class licensee; (b) in lieu of paragraph (a), all or any of the following: (i) suspend the licence or the application of the class licence (as the case may be) for a period not exceeding 6 months; (ii) for a licensee, remove from the licence any place specified in the licence at which the licensee is authorised to distribute or publicly exhibit a film; (iii) for a licensee, modify the conditions of the licence, about the import, distribution or public exhibition (as the case may be) of films by the licensee; (iv) for a licensee, require the licensee to furnish additional security in the form mentioned in section 8; (v) for a licensee, forfeit the whole or part of any security furnished by the licensee under section 8 and this section but not exceeding the limit in sub‑paragraph (vi); (vi) for a licensee or class licensee, direct it to pay, within a period specified, a financial penalty of such amount as the Authority thinks fit, being not more than $10,000. [25/2018] (3) Before exercising any powers under this section, the Authority must, unless it is not practicable or desirable to do so in the circumstances of the case, give written notice to the licensee or class licensee concerned — (a) stating that the Authority intends to take regulatory action against the licensee or class licensee under subsection (1); (b) specifying the type of regulatory action in subsection (2) the Authority proposes to take, and each instance of non‑compliance that is the subject of the regulatory action; and (c) specifying the time (being not less than 7 days and not more than 28 days after the date the written notice is served on the licensee or class licensee) within which written representations may be made to the Authority with respect to the proposed regulatory action. [25/2018] (4) The Authority may decide to take the appropriate regulatory action described in subsection (2) — (a) after considering any written representation made to it pursuant to the written notice mentioned in subsection (3); or (b) after the time specified in the written notice under subsection (3)(c) lapses, where no representation is so made. [25/2018] (5) However, subsection (3) does not apply where the licensee or class licensee has died or is adjudged a bankrupt, or has been dissolved or wound up, or has otherwise ceased to exist. [25/2018] (6) Where the Authority decides under subsection (1) to take regulatory action against a licensee or class licensee, the Authority must serve on the licensee or class licensee concerned a written notice of that decision. [25/2018] (7) Any decision by the Authority under subsection (1) does not take effect until the Authority has served the written notice in subsection (6) on the licensee or class licensee concerned, or on a later date specified in that notice. [25/2018] (8) An appeal under section 28 against any decision of the Authority under subsection (1) does not prevent that decision from taking effect in accordance with subsection (7). [25/2018] (9) Where a decision to revoke a licence or to disapply a class licence under subsection (1) becomes effective — (a) the Authority must cause notice of the revocation or disapplication (as the case may be) to be published on the Authority’s website; and (b) as from the date the decision takes effect, the former licensee or former class licensee concerned must stop importing, distributing or publicly exhibiting films except to the extent specially approved by the Authority. [25/2018] (10) Any revocation or suspension of any licence, and any disapplication or suspension of the application of a class licence, does not affect — (a) the enforcement by any person of any right or claim against the licensee or class licensee, or the former licensee or former class licensee (as the case may be); or (b) the enforcement by the licensee or former licensee, or class licensee or former class licensee (as the case may be), of any right or claim against any person. [25/2018] (11) In any proceedings under this section in relation to the conviction of a licensee or class licensee for an offence, the Authority may accept the licensee’s conviction as final and conclusive. [25/2018] (12) If the financial penalty imposed under this section in relation to any regulatory action taken by the Authority exceeds the total amount of the deposit placed by the licensee under section 8 and this section, the amount of the excess is a debt due to the Authority. [25/2018] Permit to remove imported films 12.—(1) A person must not, except under the authority of a permit from the Authority, remove any film — (a) in the case of a film imported by sea — from the vessel by which the film was imported or from any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996; (b) in the case of a film imported by air — from the airport; or (c) in the case of a film imported by land — from a post office, railway station or other place of arrival. [25/2018] (2) The permit mentioned in subsection (1) must be in the form, and for the validity period, that the Authority determines. [25/2018] (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [25/2018] (4) This section does not apply to any film that is classified. [25/2018] Types of classification and classification ratings 13.—(1) The Minister must, by order in the Gazette, prescribe — (a) the different types of classifications for films; (b) the ratings for each type of classification giving information about the classification (called in this Act classification ratings); and (c) the markings for each type of classification rating. [25/2018] (2) An order made under subsection (1) may prescribe different types of classification ratings for different kinds of films. [25/2018] (3) For the purposes of this Act, the classification stating that a film is fit for viewing by any member of the public of any age is the lowest classification. [25/2018] Applications for film classification or re-classification 14.—(1) An application for classification or re-classification of a film must — (a) be made to the Authority in the form and manner the Authority determines; and (b) be accompanied by — (i) the fee prescribed (if any) for the classification that is sought in that application; (ii) other documents or information prescribed (if any) for that category of film; and (iii) any other information that the Authority may require in that particular case. [25/2018] (2) The Authority may decline to deal with an application under subsection (1) for classification or re-classification of a film, or decline to deal further with that application, if — (a) the applicant fails — (i) to provide or make available a copy of the film for screening or demonstration before the Authority; (ii) to demonstrate the film before the Authority; (iii) in the case of a film that is designed for use wholly or principally as a video game, to provide to the Authority recordings of the gameplay; or (iv) to furnish the information required under subsection (1)(b); or (b) in the opinion of the Authority, the copy of the film or the recordings of the gameplay (as the case may be) provided are incomplete or inadequate to allow a proper consideration of the application. [25/2018] (3) The Authority may retain a copy of any film that is the subject of an application under this section for so long as the Authority requires. [25/2018] Classification and re-classification of films 15.—(1) Subject to subsection (10), on receipt of an application under section 14 for classification or re-classification of a film, or on the referral of the Minister under section 24A(1)(b), the Authority may, after viewing the film — (a) classify or re-classify the film, as the case may be; or (b) provisionally classify or re-classify the film (as the case may be) subject to such alterations or excisions as the Authority may specify. [25/2018] (2) Where — (a) a decision of a film content assessor assigning a classification rating in relation to a film is, by the operation of section 20(1), deemed to be a decision of the Authority classifying the film; and (b) the Authority is of the opinion that the Authority would have given the film a different classification rating (whether on its own initiative under subsection (3) or on application under section 14), the Authority may, after viewing the film, revoke the classification by the film content assessor and then re-classify the film by giving the film a different classification rating. [25/2018] (3) Subject to subsection (10), the Authority may, on its own initiative, call in a classified film for re-classification purposes or an unclassified film for classification purposes and, after viewing the film — (a) classify or re-classify the film, as the case may be; or (b) provisionally classify or re-classify the film (as the case may be) subject to such alterations or excisions as the Authority may specify. [25/2018] (4) However, where after viewing a film, the Authority is of the opinion that the film is within the ambit of section 16, the Authority must refuse to classify the film (after revoking any prior classification for the film), and give reasons for that decision. [25/2018] (5) The matters to be taken into account by the Authority in making a decision under this section on the classification or re-classification for a film include — (a) the standards of morality, decency and propriety generally accepted by reasonable adults in Singapore; (b) the literary, artistic or educational merit (if any) of the film; (c) the general character of the film; and (d) the person or class of persons to or amongst whom the film is distributed or publicly exhibited, or is intended or likely to be distributed or publicly exhibited. [25/2018] (6) Before making its decision under subsection (1), (2), (3) or (4) and for the purpose of forming an opinion on which to base such decision, the Authority may consult an advisory committee or any other person in respect of the film; but the Authority is not bound by any advice from the consultation. [25/2018] (7) In classifying or re-classifying a film, the Authority must assume that the film will be distributed or publicly exhibited only in the form in which it is being considered for classification or re‑classification under this section. [25/2018] (8) In classifying or re-classifying any film under subsection (1), (2) or (3), the Authority may also determine the consumer advice giving information about the content of the film. [25/2018] (9) A provisional classification or re-classification for a film — (a) lapses at the end of 6 months after it is made; and (b) is deemed a classification for that film upon the Authority confirming in writing that all the conditions contained in its provisional classification have been complied with before the end of the period in paragraph (a). [25/2018] (10) This section does not authorise the Authority to exercise any power under this section in relation to a film — (a) that is an obscene film, a party political film or a prohibited film; (b) that the Minister has or is deemed to have refused classification on the ground that it is against national security for the film to be classified; or (c) in respect of which the Committee of Appeal has, on appeal to it, made a decision (whether before, on or after 29 April 2019), unless — (i) more than 5 years have lapsed after the decision of the Committee of Appeal takes effect; or (ii) the Authority earlier changes any part of its classification guidelines, being a change that relates to any part of the film’s content. [25/2018] Calling in films for classification or re-classification 15A.—(1) For the purpose of section 15(3), a film may be called in for classification or re-classification by the Authority giving a written order to — (a) a licensee or class licensee who is distributing or publicly exhibiting the film where it is a classified film; or (b) a maker or other person in possession of the film where it is an unclassified film. [25/2018] (2) An order under subsection (1) may require a person given the order to do the following within a period specified in the order: (a) to provide or make available a copy of the film for screening or demonstration before the Authority; (b) to demonstrate the film before the Authority; (c) in the case of a film that is designed for use wholly or principally as a video game, to provide to the Authority recordings of the gameplay; (d) to provide such other information about the film that the Authority may require in that particular case. [25/2018] (3) A person who, without reasonable excuse, fails to do anything required of the person by an order under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [25/2018] Supplementary provisions for film classification, etc. 15B.—(1) For any viewing of a film for the purposes of section 15(1), (2), (3) or (4), only the following individuals, or a combination of such individuals, may be present at the viewing: (a) a member of the Authority; (b) a classification officer to whom the Authority has delegated its functions under section 5(1); (c) the projectionist of the film if the film is screened; (d) a member of the advisory committee which the Authority intends to consult with regard to the film; (e) any public officer or other individual whom the Authority thinks may assist it in making such a decision. [25/2018] (2) As soon as practicable, but not later than 14 days, after a decision is made under section 15(1), (2), (3) or (4) in respect of a film, the Authority — (a) must give to an applicant written notice of its decision under section 15 in respect of the applicant’s application for classification or re-classification of the film; and (b) must, in the case of re-classification of a film (whether on the own initiative of the Authority or on application), publish the decision on the Authority’s website, or in one or more other forms that are readily accessible by the public. [25/2018] Refused classification for certain films 16.—(1) Despite anything in this Act, the Authority, the Committee of Appeal and an individual who is registered as a film content assessor must refuse to classify any film that — (a) is an obscene film; (b) is a party political film; (c) is a prohibited film; (d) is against national security to be classified; or (e) contains any material prescribed. [25/2018] (2) A film which is refused classification is an unclassified film. [25/2018] De-classification of classified film 17.—(1) If the content of a classified film is modified, the film as modified becomes unclassified when the modification is made; and the classification for the film with the modification is also deemed to be then revoked. [25/2018] (2) Without limiting subsection (1), the Authority may revoke the classification for a film if it is of the opinion that — (a) the film contains contentious material that was not brought to the Authority’s attention before the classification was made; or (b) the Authority would have given the film a different classification if it had been aware of the material before the classification was made. [25/2018] (3) Subsection (1) does not apply to a modification that consists of — (a) the addition or removal of navigation functions (such as but not limited to an interactive menu); or (b) any content or material that is prescribed as not likely to cause the film to be given a different classification rating. [25/2018] (4) Where the classification for a film is revoked under subsection (1) or (2), the Authority must — (a) without delay notify the person who applied for the classification of that film under section 14 (unless the person cannot be found after reasonable inquiry) of the revoking of the film’s classification and the effective date of the revocation; and (b) cause to be published in the Gazette, a notice of the revoking of the film’s classification and the effective date of the revocation. [25/2018] (5) However, failure to publish a notice under subsection (4)(b) in respect of any revocation of the classification for a film does not invalidate the revocation where notice thereof has been given under subsection (4)(a). [25/2018] (6) To avoid doubt, it is declared that where a classification certificate in respect of a film is revoked or deemed to be revoked under this section, that revocation applies in respect of each copy of that film as it applies to that film. [25/2018] Classification certificates and labels 18.—(1) The Authority must — (a) issue a classification certificate for each film that is classified under section 15, 26 or 27, or re-classified under section 15, 26 or 27; and (b) make available a label (called in this Act a classification label) to be affixed to the film. [25/2018] (2) The Authority may impose in relation to a classification certificate any conditions that it thinks fit relating to the circumstances of distribution or public exhibition of the film to which the classification certificate relates. [25/2018] (3) A classification certificate issued in respect of a classified film must include — (a) the classification ratings for the classification given to the film; (b) any consumer advice for the film;
