Singapore Online Licensing Flashcards
Are there online licenses in the US?
- No licensing of content providers
- -> First Amendment prohibits prior restraint
- Fewer content restrictions
- -> Most generally applicable law enforced (eg. child porn)
- -> Obscenity laws largely abandoned online (& off)
- -> Online indecency laws (for broadcasting) found unconstitutional in 1990s –> violate First Amendment
What is included in “Group 1 “ of Singapore online license?
- GROUP 1: 1996 Statutory Class Licensing (Still Used)
- Authorities deem many of us “Internet Content Providers”
(a) Any individual in SG who provides any programme, for business, political, or religious purposes, on the World Wide Web through the Internet, or… - (“Programme” is not defined in regulation. Suggest multiple posts)
(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 SG or not) who provides any programme on the World Wide Web through the internet,
- AND includes any web publisher & any web server administrator”
- (“Web publisher” is not defined, anyone who publish online can be a web publisher)
- Internet content providers are deemed to have a “class licence” (aka. “legal fiction”) that can be revoked
- -> Class licence is not something you apply for
- -> A license you’re said to have
- -> real significance: can be taken away
What must “Group 1” online licensees do?
- GROUP 1: 1996 Statutory Class Licensing (Still Used)
Licensee must:
- Make “best efforts” to “ensure that prohibited material is not broadcast via the Internet to users in SG”
- “deny access” to prohibited content
What is prohibited from “Group 1” online license?
- GROUP 1: 1996 Statutory Class Licensing (Still Used)
- See Internet Code of Practice (ICOP)
What is the penalty for violating “Group 1” online license?
- GROUP 1: 1996 Statutory Class Licensing (Still Used)
Fine for violating these conditions (eg. posting/allowing such content)
What was “Group 1” online license like in the past?
- GROUP 1: 1996 Statutory Class Licensing (Still Used)
When it was used in the past:
From 1996 – 2013: 24 orders to remove content,
–> 21 sexually explicit content
–> 2 online gambling
–> 1 video inflammatory on racial & religious grounds
Are “Group 1” regulations used extensively?
- GROUP 1: 1996 Statutory Class Licensing (Still Used)
These regulations not used extensively
What is included in “Group 2” online license of Singapore online license?
- GROUP 2: 1996 Class Licensing & Registration (Additional Requirements)
- These class licensees must register with IMDA, within 14 days, or as ordered, or begin operation:
- -> Internet Service Providers
- -> Political parties registered in SG providing online content
- -> Business of online newspaper
- -> Internet content providers involved in “the propagation, promotion or discussion of political or religious issues relating to SG” (overlaps with Group 1)
- Posting/hosting religious content, you will at least be in group 1 but maybe in group 2 (If so, ask to register)
Why must “Group 2” online licensees register?
- GROUP 2: 1996 Class Licensing & Registration (Additional Requirements)
Why register?
- Authorities know how to reach you
- Ensure local control, funding
What is included in “Group 3” online licensees of Singapore online license?
- GROUP 3: 2013 Online News Licensing (Supplements 1996 scheme)
- Individual licence with bond of $50,000 for site in or from SG if:
(Proprietor must write a check for $50,000 that authorities could cash)
1. Has >50,000 SG visitors per month for 2 months AND
2. Publishes average of at least 1 article per week on SG during those months - Licensees must obey takedown orders to remove prohibited content (under ICOP) within 24 hours
What do people fear about “Group 3” online license?
- GROUP 3: 2013 Online News Licensing (Supplements 1996 scheme)
- People fear that some sites cannot post $50,000 bond.
- -> Bond is a barrier to entry to the local internet business
