- CHAPTER 180 - BROADCASTING
- ARRANGEMENT OF SECTIONS
- PART I - PRELIMINARY
- PART II - FUNCTIONS, DUTIES AND POWERS OF MINISTER
- PART III - LICENSING SCHEME
- PART IV - BROADCASTING SERVICES
- 11. Licensing of broadcasting services.
- 12. Class licences.
- 13. Modification of broadcasting licence conditions.
- 14. Modification of class licence conditions.
- 15. Suspension or cancellation of broadcasting licence etc.
- 16. Compliance with Codes of Practice etc.
- 17. Free-to-air broadcasting services.
- 18. Submission of broadcasting material to Minister.
- 19. Directions of Minister.
- 20. Public service broadcasting services.
- 21. General requirements regarding public service programmes.
- 22. "Must carry" provision.
- PART V - BROADCASTING APPARATUS
- PART VI - FREQUENCY PLANNING
- PART VII - BROADCASTING CONDITIONS
- PART VIII - FOREIGN BROADCASTING SERVICES
- PART IX - OWNERSHIPAND CONTROL OF BROADCASTING COMPANIES
- 34. Application of this Part to broadcasting companies.
- 35. Special features of broadcasting company.
- 36. No person to hold more than 3% ordinary shares without approval.
- 37. Funds from foreign source for purposes of broadcasting service.
- 38. Broadcasting company owned by foreign source.
- 39. Appeal under this Part.
- PART X - OFFENCES AND PENALTIES
- 40. Offences relating to licensable broadcasting services.
- 41. Offences relating to installation, etc., of broadcasting apparatus.
- 42. Unauthorised decoders.
- 43. Offence of hindering person discharging duty.
- 44. Power of Minister to requisition information.
- 45. Power of police officer etc., against unlicensed broadcasting service orapparatus.
- 46. Power of arrest and search.
- 47. No entitlement to costs or damages.
- 48. Offences against other laws.
- 49. Offences committed by bodies corporate.
- 50. Power to compound offences.
- PART XI - MISCELLANEOUS PROVISIONS
- 51. Appeal to His Majesty the Sultan and Yang Di-pertuan in Council.
- 52. Exemption.
- 53. Equipment of licensee not subject to distress, etc.
- 54. International dealings of Minister.
- 55. Government's right to determine international relations.
- 56. Service of notice etc.
- 57. Amendment of First and Second Schedules.
- 58. Regulations.
- FIRST SCHEDULE - BOARDCASTING APPARATUS
- SECOND SCHEDULE - LICENSABLE BROADCASTING SERVICES
- ARRANGEMENT OF SECTIONS
LAWS OF BRUNEI
CHAPTER 180 BROADCASTING
S 9/97
Amended by S 46/98
REVISED EDITION 2000
(31st October 2000)
2000 Ed. Broadcasting CAP. 180
LAWS OF BRUNEI REVISED EDITION 2000
CHAPTER 180 BROADCASTING
ARRANGEMENT OF SECTIONS Section
PART I PRELIMINARY - Citation.
- Interpretation.
PARTII FUNCTIONS,DUTIESANDPOWERSOF MINISTE~ - Functions, duties and powers of Minister.
- Directions by Minister.
- Director of Broadcasting.
- Protection from personal liability.
- Exclusion of liability of Minister for act or default of licencees.
B.L.R.O.1/2000 2 CAP. 180 Broadcasting PART III LICENSING SCHEME 8. Power of Minister to grant licences. 9. Codes of Practice. 10. Restriction on transfer of licences. PART IV BROADCASTING SERVICES 11. Licensing of broadcasting services. 12. Class licences. 13. Modification of broadcasting licence conditions. 14. Modification of class licence conditions. 15. Suspension or cancellation of broadcasting licence etc., 16. Compliance with Codes of Practice etc., 17. Free-to-air broadcasting services. 18. Submission of broadcasting material to Minister. 19. Directions of Minister. 20. Public service broadcasting services. 21. General requirements regarding public service programmes. 22. "Must carry" provision.
2000 Ed.
2000 Ed. Broadcasting CAP. 180
PARTV BROADCASTING APPARATUS
23.
Licensing of broadcasting apparatus.
24.
Application of parts of Act to broadcasting apparatus licences.
PARTVI FREQUENCY PLANNING
25.
Frequency planning criteria.
26.
Assignment of frequencies.
27.
Separate licence for use of frequency not required.
PARTVII BROADCASTING CONDITIONS
28.
Transmission area requirements.
29.
Sharing of facilities. -
-
Inspection and testing of broadcasting apparatus.
Provision of building space etc., by owner or developer of building or
land.
PARTVIII FOREIGN BROADCASTING SERVICES
-
-
Orders proscribing unacceptable foreign broadcasting services.
Offence of supporting proscribed foreign broadcasting services.
BLR.O. 1/2000
PART IX
OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
CAP. 180 Broadcasting 2000Ed.
34. Application of this Part to broadcasting companies. 35. Special features of broadcasting company. 36. No person to hold more than 3% ordinary shares without approval. 37. Funds from foreign source for purposes of broadcasting service. 38. Broadcasting company owned by foreign source. 39. Appeal under this Part. PART X OFFENCES AND PENALTIES 40. Offences relating to licensable broadcasting services. 41. Offences relating to installation, etc., of broadcasting apparatus. 42. Unauthorised decoders. 43. Offence of hindering person discharging duty. 44. Power of Minister to requisition information. 45. Power of police officer, etc., against unlicensed broadcasting service or apparatus. 46. Power of arrest and search. 47. No entitlement to costs or damages. 48. Offences'against other laws. 49. Offences committed by bodies corporate. 50. Power to compound offences.
PART XI MISCELLANEOUS PROVISIONS 51. Appeal to His Majesty in Council. 52. Exemption. 53. Equipment of licensee not subject to distress, etc. 54. International dealings of Minister. 55. Government's right to determine international relations. 56. Service of notice etc., 57. Amendment of First and Second Schedules. 58. Regulations. FIRST SCHEDULE SECOND SCHEDULE
B.L.R. o. 1/2000
BROADCASTING ACT An Act to regulate dealing in, the operation of and ownership in broadcasting services and broadcasting apparatus, and for connected purposes Commencement.. 15th March 1997 [S 9/97]
PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Broadcasting Act.
Interpretation.
2. In this Act, unless the context otherwise requires
"broadcasting apparatus" means any apparatus capable of, or designed or constructed for, the reception of any broadcasting service and specified in the First Schedule;
"broadcasting apparatus licence" means a licence granted under section 23 in respect of broadcasting apparatus;
"broadcasting company", for the purposes of Part IX, shall be construed in accordance with subsection (2) of section 34;
"broadcasting licence" means a licence granted under section 11 or 12 for the broadcast of a licensable broadcasting service;
"broadcasting service" means a service whereby signs or signals transmitted,whetheror 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;
"class licence" means a licence determined under section 12 to be applicable to certain licensable broadcasting services;
"Code of Practice" means a Code of Practice issued under subsection (1) of section 9;
"Director of Broadcasting" means the person appointed under subsection (1) of section 5;
"dwelling-house" includes a hotel, inn, boarding-house or other similar establishment;
"encrypted" means treated electronically or otherwise for the purpose of preventing intelligible reception;
"foreign broadcasting service" means a broadcasting service which transmits from outside Brunei Darussalam broadcasting services which are capable of being received in Brunei Darussalam;
"foreign source", for the purposes of sections 37 and 38, shall be construed in accordance with subsection (9) of section 37;
"free-to-air broadcasting service" means a licensable broadcasting service made available for reception in not less than two dwelling-houses by broadcasting apparatus commonly available to the public without payment of a subscription fee;
"free-to-air licence" means a broadcasting licence granted under this Act for the operation of a free-to-air broadcasting service;
"fund", for the purposes of sections 37 and 38, shall be construed in accordance with subsection (9) of section 37;
B.L.R.O. 1/2000
"licence" means a licence granted under any provision of this Act;
"licensable broadcasting service" means any broadcasting service specified in the Second Schedule;
"Minister" means the Minister for the time being designated by His Majesty the Sultan and Yang Di-Pertuan to be responsible for broadcasting matters;
"part of the public" includes residents in a particular place, employees of any firm, company, or organisation, occupiers of a particular building or part thereof and members of any profession, club or society;
"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 - (i)
- any communication between two or more persons of a private or domestic nature;
- (ii)
- any internal communication of a business, Government department or other organisation for the purpose of the operation of that business, department or organisation; and
(iii) communications in such other circumstances as may be prescribed;
"regulations" means regulations made under this Act;
"relevant licence", for the purposes of Part IX, shall be construed in accordance with subsection (2) of section 34;
"state of emergency" means a state of emergency declared by His Majesty the Sultan and Yang Di-Pertuan under section 83 of the Constitution;
"subscription broadcasting service" means a licensable broadcasting service made available to the audience for whom it is intended only upon the payment of a subscription fee;
"subscription fee" means any form of consideration.
PART II
FUNCTIONS, DUTIES AND POWERS OF MINISTER
Functions, duties and powers of Minister.
3. (1) The Minister shall exercise and perform such functions, duties and powers as are conferred on him by or under this Act. - (2)
- The functions of the Minister shall be
- (a)
- to exercise licensing and regulatory functions in respect of broadcasting services and broadcasting apparatus;
(b) to act internationally as the national authority or
representative of Brunei Darussalam in respect of broadcasting matters; - (c)
- to encourage the development of broadcasting and related servIces; .
- (d)
- to assign specific frequencies in electromagnetic spectrum and satellite orbits to broadcasting licensees whose broadcasting services are to be transmitted on a frequency in such spectrum and satellite orbits; and
- (e)
- to regulate the broadcast by broadcasting licensees of public service broadcasting obligations.
- (3)
- The Minister shall have the following duties-
B.L.R.O. 1/2000
- (a)
- to regulate the broadcasting industry so as to achieve an adequate and comprehensive range of broadcasting services which serve the interests of the general public;
- (b)
- to ensure that the broadcasting services provided by licenses are maintained at a high standard in all respects and, in particular, in respect of their content, with quality, proper balance and wide range in their subject-matter, having regard both to the broadcasting services as a whole and also to the days of the week on which, and the times of the day at which, such broadcasting services are broadcast; and
- (c)
- to ensure that nothing is included in any broadcasting service which is against the public interest or national harmony or which offends against good taste or decency.
- (4)
- The Minister shall, subject to this Act, have power to do all such things as are in his opinion necessary for or conducive to the proper discharge of his functions and duties under this Act.
- (5)
- Nothing in this section shall be construed as imposing on the Minister, directly or indirectly, any form of duty or liability enforceable by proceedings in any court.
Directions by Minister.
4. (1) The Minister may, after consultation with any licensee, give to
him such written directions as he thinks fit as to the exercise by that licensee of his functions under this Act.
(2) Without prejudice to the generality of subsection (1), if it appears to the Ministerto be requisiteor expedientto do so
(a) during a state of emergency, in the public interest or in the interests of public security, national defence or relations with the Government of another country; or
(b) in order - (i)
- to discharge or facilitate the discharge of an obligation binding on the Government in view of its being a member of an international organisation or a party to a treaty;
- (ii)
- to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or
S 9/97
Amended by S 46/98
(31st October 2000)
2000 Ed. Broadcasting CAP. 180
LAWS OF BRUNEI REVISED EDITION 2000
CHAPTER 180 BROADCASTING
ARRANGEMENT OF SECTIONS Section
PART I PRELIMINARY PARTII FUNCTIONS,DUTIESANDPOWERSOF MINISTE~ B.L.R.O.1/2000 2000 Ed.
2000 Ed. Broadcasting CAP. 180
PARTV BROADCASTING APPARATUS
23.
Licensing of broadcasting apparatus.
24.
Application of parts of Act to broadcasting apparatus licences.
25.
Frequency planning criteria.
26.
Assignment of frequencies.
27.
Separate licence for use of frequency not required.
28.
Transmission area requirements.
29.
Sharing of facilities. Inspection and testing of broadcasting apparatus.
Provision of building space etc., by owner or developer of building or
land.
Orders proscribing unacceptable foreign broadcasting services.
Offence of supporting proscribed foreign broadcasting services.
BLR.O. 1/2000
PART IX
OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES CAP. 180 Broadcasting 2000Ed. B.L.R. o. 1/2000
BROADCASTING ACT PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Broadcasting Act.
Interpretation.
2. In this Act, unless the context otherwise requires
"broadcasting apparatus" means any apparatus capable of, or designed or constructed for, the reception of any broadcasting service and specified in the First Schedule;
"broadcasting apparatus licence" means a licence granted under section 23 in respect of broadcasting apparatus;
"broadcasting company", for the purposes of Part IX, shall be construed in accordance with subsection (2) of section 34;
"broadcasting licence" means a licence granted under section 11 or 12 for the broadcast of a licensable broadcasting service;
"broadcasting service" means a service whereby signs or signals transmitted,whetheror not encrypted,comprise 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;
"class licence" means a licence determined under section 12 to be applicable to certain licensable broadcasting services;
"Code of Practice" means a Code of Practice issued under subsection (1) of section 9;
"Director of Broadcasting" means the person appointed under subsection (1) of section 5;
"dwelling-house" includes a hotel, inn, boarding-house or other similar establishment;
"encrypted" means treated electronically or otherwise for the purpose of preventing intelligible reception;
"foreign broadcasting service" means a broadcasting service which transmits from outside Brunei Darussalam broadcasting services which are capable of being received in Brunei Darussalam;
"foreign source", for the purposes of sections 37 and 38, shall be construed in accordance with subsection (9) of section 37;
"free-to-air broadcasting service" means a licensable broadcasting service made available for reception in not less than two dwelling-houses by broadcasting apparatus commonly available to the public without payment of a subscription fee;
"free-to-air licence" means a broadcasting licence granted under this Act for the operation of a free-to-air broadcasting service;
"fund", for the purposes of sections 37 and 38, shall be construed in accordance with subsection (9) of section 37;
B.L.R.O. 1/2000
"licence" means a licence granted under any provision of this Act;
"licensable broadcasting service" means any broadcasting service specified in the Second Schedule;
"Minister" means the Minister for the time being designated by His Majesty the Sultan and Yang Di-Pertuan to be responsible for broadcasting matters;
"part of the public" includes residents in a particular place, employees of any firm, company, or organisation, occupiers of a particular building or part thereof and members of any profession, club or society;
"programme", in relation to a broadcasting service, means but does not include any matter that is wholly related to or connected with (iii) communications in such other circumstances as may be prescribed;
"regulations" means regulations made under this Act;
"relevant licence", for the purposes of Part IX, shall be construed in accordance with subsection (2) of section 34;
"state of emergency" means a state of emergency declared by His Majesty the Sultan and Yang Di-Pertuan under section 83 of the Constitution;
"subscription broadcasting service" means a licensable broadcasting service made available to the audience for whom it is intended only upon the payment of a subscription fee;
"subscription fee" means any form of consideration.
PART II
FUNCTIONS, DUTIES AND POWERS OF MINISTER
Functions, duties and powers of Minister.
3. (1) The Minister shall exercise and perform such functions, duties and powers as are conferred on him by or under this Act. (b) to act internationally as the national authority or
representative of Brunei Darussalam in respect of broadcasting matters; Directions by Minister.
4. (1) The Minister may, after consultation with any licensee, give to
him such written directions as he thinks fit as to the exercise by that licensee of his functions under this Act.
(2) Without prejudice to the generality of subsection (1), if it appears to the Ministerto be requisiteor expedientto do so
(a) during a state of emergency, in the public interest or in the interests of public security, national defence or relations with the Government of another country; or
(b) in order REVISED EDITION 2000
2 CAP. 180 Broadcasting PART III LICENSING SCHEME 8. Power of Minister to grant licences. 9. Codes of Practice. 10. Restriction on transfer of licences. PART IV BROADCASTING SERVICES 11. Licensing of broadcasting services. 12. Class licences. 13. Modification of broadcasting licence conditions. 14. Modification of class licence conditions. 15. Suspension or cancellation of broadcasting licence etc., 16. Compliance with Codes of Practice etc., 17. Free-to-air broadcasting services. 18. Submission of broadcasting material to Minister. 19. Directions of Minister. 20. Public service broadcasting services. 21. General requirements regarding public service programmes. 22. "Must carry" provision. PARTVI FREQUENCY PLANNING
PARTVII BROADCASTING CONDITIONS
PARTVIII FOREIGN BROADCASTING SERVICES
34. Application of this Part to broadcasting companies. 35. Special features of broadcasting company. 36. No person to hold more than 3% ordinary shares without approval. 37. Funds from foreign source for purposes of broadcasting service. 38. Broadcasting company owned by foreign source. 39. Appeal under this Part. PART X OFFENCES AND PENALTIES 40. Offences relating to licensable broadcasting services. 41. Offences relating to installation, etc., of broadcasting apparatus. 42. Unauthorised decoders. 43. Offence of hindering person discharging duty. 44. Power of Minister to requisition information. 45. Power of police officer, etc., against unlicensed broadcasting service or apparatus. 46. Power of arrest and search. 47. No entitlement to costs or damages. 48. Offences'against other laws. 49. Offences committed by bodies corporate. 50. Power to compound offences.
PART XI MISCELLANEOUS PROVISIONS 51. Appeal to His Majesty in Council. 52. Exemption. 53. Equipment of licensee not subject to distress, etc. 54. International dealings of Minister. 55. Government's right to determine international relations. 56. Service of notice etc., 57. Amendment of First and Second Schedules. 58. Regulations. FIRST SCHEDULE SECOND SCHEDULE
An Act to regulate dealing in, the operation of and ownership in broadcasting services and broadcasting apparatus, and for connected purposes Commencement.. 15th March 1997 [S 9/97]