Slides from Bryan Tan

Bryan's slides

Transcript

1. MDA’s new online news licensing regime Internet Society of Singapore Singapore Computer Society
2. Who We Are • Pinsent Masons MPillay • Construction Law Firm of the Year at the Asian Legal Business South East Asia Awards 2011 • Both co-heads of office named in Asia Legal Business' Hot 100
3. Class License (1996, 2003, 2005) • "Internet Content Provider" means — a. any individual in Singapore who provides any programme, for business, political or religious purposes, on the World Wide Web through the Internet; or b. any corporation or group of individuals (including any association, business, club, company, society, organisation or partnership, whether registrable or incorporated under the laws of Singapore or not) who provides any programme on the World Wide Web through the Internet, and includes any web publisher and any web server administrator.
4. Class License (1996, 2003, 2005) • Registration Requirements on – an Internet Content Provider who is or is determined by the Authority to be a political party registered in Singapore – An Internet Content Provider who is or is determined by the Authority to be a body of persons engaged in the propagation, promotion or discussion of political or religious issues relating to Singapore – If required by the Authority to do so, an Internet Content Provider who is, or is determined by the Authority to be, in the business of providing through the Internet an on-line newspaper for a subscription fee or other consideration; and – If required by the Authority to do so, an Internet Content Provider who is, or is determined by the Authority to be, an individual providing any programme, for the propagation, promotion or discussion of political or religious issues relating to Singapore
5. Internet Code of Practice (1996) • An Internet Content Provider discharges his obligation under this Code:- – (a) in relation to chat groups, when the licensee chooses discussion themes which are not prohibited under the guidelines in clause 4 below; – (b) in relation to programmes on his service contributed by other persons who are invited to do so on the licensee's service for public display (eg. bulletin boards), when the licensee denies access to any contributions that contain prohibited material that he discovers in the normal course of exercising his editorial duties, or is informed about; and – (c) in relation to all other programmes on his service, if the licensee ensures that such programmes do not include material that would be considered to be prohibited under the guidelines in clause 4 below*
6. Electronic Transactions Act (2010) • 26.—(1) Subject to subsection (2), a network service provider shall not be subject to any civil or criminal liability under any rule of law in respect of third-party material in the form of electronic records to which he merely provides access if such liability is founded on — (a) the making, publication, dissemination or distribution of such materials or any statement made in such material; or (b) the infringement of any rights subsisting in or in relation to such material. (2) Nothing in this section shall affect — (a) any obligation founded on contract; (b) the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law; (c) any obligation imposed under any written law or by a court to remove, block or deny access to any material
7. 2013 additions • ―Singapore news programme‖ is any programme (whether or not the programme is presenter-based and whether or not the programme is provided by a third party) containing any news, intelligence, report of occurrence, or any matter of public interest, about any social, economic, political, cultural, artistic, sporting, scientific or any other aspect of Singapore in any language (whether paid or free and whether at regular interval or otherwise) but does not include any programme produced by or on behalf of the Government. • report an average of at least one article per week on Singapore’s news and current affairs 1 over a period of two months, and • are visited by at least 50,000 unique IP addresses from Singapore each month over a period of two months • Formal notification by MDA
8. 2013 additions • a more consistent regulatory framework with traditional news platforms which are already individually licensed • no change in content standards is expected to result. • online news sites are expected to comply within 24 hours to MDA’s directions to remove content that is found to be in breach of content standards. • online news sites are required to put up a performance bond like all other individually- licensed broadcasters, and the sum of $50,000 is consistent with that required of niche TV broadcasters • Broadcasting Act to be amended to include foreign websites
9. 31 May 2013 clarifications • The licensing framework only applies to sites that focus on reporting Singapore news and are notified by MDA that they meet the licensing criteria. An individual publishing views on current affairs and trends on his/her personal website or blog does not amount to news reporting. • There is no change to the content standards for these news sites. These same class licensing guidelines will continue to apply under the individual licence. • The framework is not an attempt to influence the editorial slant of news sites. MDA will only step in when complaints are raised to our attention, and assess that the content is in breach of the content guidelines and merits action by the website owner. • Licensees can consider options such as banker’s guarantee or insurance. MDA will be happy to engage in further discussions with any licensee who may have concerns about meeting the licence obligations.
10. Sideline action • Internet blackout ―FreeMyInternet‖ (6 June) • Hong Lim park (8 June) • Petition sent to all MPs ―FreeMyInternet‖ (2 July) • Asian Internet Coalition letter to the Minister (14 June)
11. Current position • Double-tier, (as in registrable vs non-registrable), double-barrelled within the registrable section) scheme • Content standards remain the same
12. Issues • Censorship – always open-ended discussion • Is it beneficial to have Open-ended Drafting? Blogs, commercial sites? • Change to third party liability? • Is it good practice to have significant Rule-making in this fashion? • Weight of clarifications through social media? • Chilling effect and conspiracy theories
13. Q&A • Email: bryan.tan@pinsentmasons.com • Tel: 6305 8490 • Visit Pinsent Masons-owned website Out-Law.com – Out-Law is the world's leading on-line technology law resource providing more than 20,000 pages of free news and information on all aspects of law relating to IT, e-commerce and new media.
14. Pinsent Masons MPillay LLP is a limited liability partnership registered in Singapore (UEN/Registration Number: T10LL1128C) and is a joint law venture between Pinsent Masons LLP and MPillay registered in Singapore under the Limited Liability Partnerships Act (chapter 163A). The word 'partner', used in relation to the LLP, refers to a partner of the LLP or an employee or consultant of the LLP of equivalent standing. A list of partners of the LLP, and of those non-partners who are designated as partners, is available at the LLP's registered office at 16 Collyer Quay, #22-00, Singapore 049318. We use 'Pinsent Masons MPillay' to refer to Pinsent Masons MPillay LLP. © Pinsent Masons MPillay LLP 2013 For a full list of our locations around the globe please visit our websites: www.pinsentmasonsmpillay.com www.Out-Law.com