Statute Details
- Title: Broadcasting (Exemption) (No. 2) Order
- Act Code: BA1994-OR2
- Legislative Type: Subsidiary Legislation (SL)
- Current Status: Current version as at 26 Mar 2026
- Authorising Act: Broadcasting Act (Chapter 28, Section 60(b))
- Order Citation: Broadcasting (Exemption) (No. 2) Order
- Key Provisions: Section 1 (Citation); Section 2 (Exemption from section 33 of the Broadcasting Act)
- Original Publication: 22 Nov 2002 (G.N. No. S 591/2002)
- Revised Edition: 29 Feb 2004 (2004 RevEd)
- Latest Amendment Noted in Extract: Amended by S 212/2022 with effect from 25/03/2022 (deletion of item (a))
What Is This Legislation About?
The Broadcasting (Exemption) (No. 2) Order is a short piece of subsidiary legislation made under the Broadcasting Act (Cap. 28). In plain terms, it creates a targeted regulatory exemption: it allows certain specified broadcasting holding companies to be exempted from a particular requirement in the Broadcasting Act—specifically, section 33 of the Act.
Orders of this kind are typically used to fine-tune the regulatory framework without rewriting the main statute. Rather than changing the Broadcasting Act itself, the Minister exercises a delegated power to exempt named entities from the operation of a defined statutory provision. This approach is practical where the policy objective of the Broadcasting Act is met through other safeguards, or where the exempted entities have a corporate structure or regulatory history that makes the strict application of section 33 unnecessary or disproportionate.
In this Order, the scope is narrow and clearly enumerated. The exemption is not general to all broadcasters or all holding companies; it applies only to the listed companies. The Order therefore functions as a “permission slip” for those entities, relieving them from the consequences that would otherwise follow if section 33 applied to them.
What Are the Key Provisions?
Section 1 (Citation) is a standard provision. It confirms the formal name by which the instrument may be cited: “Broadcasting (Exemption) (No. 2) Order.” While this does not affect substantive rights or obligations, it is important for legal referencing, drafting, and compliance documentation.
Section 2 (Exemption) is the operative clause. It provides that “the Minister hereby exempts the following broadcasting holding companies from section 33 of the Act.” The legal effect is that the exempted companies are not subject to section 33’s requirements (whatever those requirements are in the Broadcasting Act) to the extent of the exemption.
The Order then lists the exempted companies. Based on the extract, the exemption applies to:
- Singapore Technologies Pte Ltd
- Singapore Technologies Telemedia Pte Ltd
- STT Communications Ltd
- Temasek Holdings (Private) Limited
Deletion of item (a) by S 212/2022 (effective 25/03/2022) is also a key practical point. The extract shows that item (a) was deleted by S 212/2022 with effect from 25/03/2022. Although the specific text of item (a) is not reproduced in the extract, the legislative history indicates that the list of exempted companies was narrowed at that time. For practitioners, this highlights that the exemption list is not static: it can be amended by later subsidiary legislation, and compliance teams must verify the current list as at the relevant date.
Interaction with section 33 of the Broadcasting Act: while the extract does not reproduce section 33, the structure of the Order makes clear that section 33 is the provision being carved out. The exemption is therefore best understood as a targeted relief from a specific statutory obligation or restriction. In practice, lawyers will need to read section 33 directly to determine the precise compliance impact—e.g., whether section 33 imposes licensing conditions, ownership restrictions, reporting duties, or other regulatory constraints. The exemption means that, for the named holding companies, the regulatory consequence of non-compliance with section 33 is removed or suspended, depending on how section 33 is drafted.
Legal technique and certainty: the Order uses a “named entity” approach rather than a category-based approach. This provides high certainty for the exempted companies and for regulators. It also means that companies not listed cannot assume they are exempt, even if they are in the same corporate group or have similar business activities. Conversely, listed companies should ensure that their corporate identity matches the legal names in the Order (including any changes due to corporate restructuring), because exemptions are typically tied to legal persons rather than business brands.
How Is This Legislation Structured?
The Broadcasting (Exemption) (No. 2) Order is extremely concise. It contains:
- Section 1: Citation (how the Order is referred to).
- Section 2: The substantive exemption, identifying the exempted broadcasting holding companies and the statutory provision from which they are exempted (section 33 of the Broadcasting Act).
There are no additional parts or complex schedules in the extract. This is consistent with exemption orders: they are designed to be clear, administrable, and easy to verify. The legislative history section is also important: it records the instrument’s original publication, subsequent revised edition, and later amendment (S 212/2022) affecting the list of exempted entities.
Who Does This Legislation Apply To?
This legislation applies to the specific “broadcasting holding companies” named in section 2. The exemption is not available to all holding companies, and it is not framed as an exemption based on objective criteria (such as turnover, market share, or type of broadcasting activity). Instead, it is entity-specific.
Accordingly, the practical beneficiaries are the listed companies: Singapore Technologies Pte Ltd, Singapore Technologies Telemedia Pte Ltd, STT Communications Ltd, and Temasek Holdings (Private) Limited. The deletion of item (a) effective 25/03/2022 indicates that at least one previously exempted company (or entity described in item (a)) is no longer covered. Lawyers should therefore treat the exemption list as time-sensitive and confirm the current version when advising on compliance or corporate transactions.
Why Is This Legislation Important?
Although the Order is short, it can have significant regulatory and commercial consequences. Section 33 of the Broadcasting Act likely addresses a key aspect of broadcasting regulation—such as ownership, control, governance, or other structural requirements. Exempting major holding companies from that provision can affect how corporate groups are structured, how broadcasting-related investments are made, and how compliance obligations are allocated within a group.
For practitioners, the importance lies in two areas: (1) compliance certainty and (2) transactional risk management. If a client is a listed exempted company, the Order may reduce regulatory burdens or remove a statutory constraint that would otherwise apply. If a client is not listed, the Order provides no comfort; they may still be subject to section 33 and should not assume exemption by association.
Second, the legislative history underscores that exemptions can be amended. The deletion of item (a) by S 212/2022 shows that the regulator can narrow exemptions over time. In due diligence for mergers, acquisitions, reorganisations, or internal restructurings, counsel should verify not only the current exemption list but also the amendment history to assess whether the exemption is stable or subject to policy review.
Finally, because the Order is made under section 60(b) of the Broadcasting Act, it reflects the broader regulatory design: Parliament sets the main framework in the Act, while the Minister can tailor its application through subsidiary legislation. This means that future changes may occur through similar orders, and legal advice should remain alert to regulatory updates.
Related Legislation
- Broadcasting Act (Cap. 28), in particular section 33 (the provision from which the exempted companies are relieved) and section 60(b) (the authorising provision for making exemption orders).
Source Documents
This article provides an overview of the Broadcasting (Exemption) (No. 2) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.