Statute Details
- Title: Broadcasting (Exemption) Order 2022
- Act Code: BA1994-S211-2022
- Type: Subsidiary Legislation (SL)
- Authorising Act: Broadcasting Act 1994
- Enacting Power: Section 60 of the Broadcasting Act 1994
- Order Number: S 211
- SL Citation: SL 211/2022
- Deemed Commencement: Deemed to have come into operation on 4 February 2022
- Date Made: 22 March 2022
- Key Provisions: Section 1 (Citation and commencement); Section 2 (Exemption)
- Current Status: Current version as at 26 Mar 2026
What Is This Legislation About?
The Broadcasting (Exemption) Order 2022 is a short piece of subsidiary legislation made under the Broadcasting Act 1994. Its central purpose is to grant a targeted exemption to specific broadcasting holding companies from a particular requirement in the Broadcasting Act 1994—namely, section 33 of the Act.
In plain terms, the Order allows the Minister for Communications and Information to relieve certain named entities from complying with section 33, without changing the underlying law. This is typically used where the Government considers that the regulatory objectives of the Act can still be met, or where compliance with section 33 is not necessary or would be impractical for the exempted entities.
Because the Order is narrowly drafted—covering only two named entities and only one statutory provision—it is best understood as a compliance “switch” rather than a broad reform of broadcasting regulation. Practitioners should therefore read it alongside section 33 of the Broadcasting Act 1994 to understand the exact obligations from which the exempted parties are relieved.
What Are the Key Provisions?
Section 1: Citation and commencement. Section 1 provides the formal title of the instrument and states that it is deemed to have come into operation on 4 February 2022. The “deemed” commencement language is legally significant: it means the exemption is treated as effective from that earlier date, even though the Order was made later (on 22 March 2022). For legal compliance and risk management, this can affect the assessment of whether any acts or omissions between 4 February 2022 and the date the Order was made were subject to section 33 or were covered by the exemption.
Section 2: Exemption. Section 2 is the operative provision. It states that the Minister exempts the following broadcasting holding companies from section 33 of the Broadcasting Act 1994:
(a) SPH Media Holdings Pte. Ltd.;
(b) SPH Media Trust.
Although the excerpt does not reproduce section 33 itself, the legal effect is clear: for the exempted entities, the obligations (or restrictions) contained in section 33 do not apply, to the extent of the exemption. Practitioners should confirm whether the exemption is absolute or conditional (the excerpt suggests a straightforward exemption, but the full statutory context may matter). They should also check whether section 33 contains multiple limbs (e.g., licensing, ownership limits, governance requirements, or other compliance duties) and whether the exemption covers all of them or only certain aspects.
Enacting formula and ministerial authority. The Order is made “in exercise of the powers conferred by section 60 of the Broadcasting Act 1994.” This is important for validity and interpretation. Where an exemption is granted, the scope of the exemption must be consistent with the enabling power. A practitioner would typically examine section 60 to determine: (i) what criteria the Minister must consider; (ii) whether exemptions are time-limited; (iii) whether exemptions can be revoked or varied; and (iv) whether the Minister must be satisfied that granting the exemption is appropriate for regulatory purposes.
Named entities only. The Order is expressly limited to the two named SPH entities. It does not, on its face, extend to subsidiaries, related companies, or other entities within the same corporate group. Therefore, counsel should be careful not to assume that the exemption automatically benefits other SPH-related companies unless they are also captured by the exemption wording (for example, if they are also “broadcasting holding companies” and are separately named, or if another instrument extends the exemption).
How Is This Legislation Structured?
The Broadcasting (Exemption) Order 2022 is structured as a very concise subsidiary instrument with only two substantive provisions:
1. Citation and commencement—sets the legal identity of the Order and the date from which it takes effect (deemed commencement on 4 February 2022).
2. Exemption—identifies the exempted entities and the specific provision of the Broadcasting Act 1994 from which they are exempt (section 33).
There are no additional parts, schedules, or detailed conditions in the excerpt. This makes the Order straightforward to apply, but it also means that the practical compliance consequences depend heavily on the content of section 33 of the Broadcasting Act 1994 and the scope of the ministerial exemption power in section 60.
Who Does This Legislation Apply To?
The Order applies to the specific entities named in section 2: SPH Media Holdings Pte. Ltd. and SPH Media Trust. It is not a general exemption for all broadcasters or all holding companies. Accordingly, the legal beneficiaries are limited to those entities, and the exemption is tied to their status as “broadcasting holding companies” under the Broadcasting Act 1994 framework.
From a practitioner’s perspective, the key question is whether these entities are the correct legal persons for the relevant regulatory obligations under section 33. If section 33 imposes duties on a “holding company” or on a particular category of regulated entity, counsel should confirm that the exempted parties are indeed the regulated persons contemplated by the Act. If the regulated activity is carried out through another corporate vehicle (e.g., an operating company or a separate trust structure), the exemption may not automatically cover that other entity.
Why Is This Legislation Important?
Even though the Broadcasting (Exemption) Order 2022 is brief, it can be highly consequential for corporate compliance. Exemptions from statutory provisions can affect governance, ownership structures, reporting obligations, licensing conditions, or other regulatory requirements—depending on what section 33 requires. For lawyers advising the exempted entities, the Order is a direct instrument that can be relied upon to justify non-compliance with section 33, provided the exemption remains in force and is interpreted according to its terms.
Second, the deemed commencement date (4 February 2022) can matter for retrospective compliance analysis. If there were any actions taken by the exempted entities around that time, counsel may need to assess whether those actions were governed by section 33 or whether the exemption already applied. This is particularly relevant in regulatory investigations, internal compliance audits, or disputes about whether a breach occurred.
Third, the Order illustrates how Singapore’s broadcasting regulatory regime uses subsidiary legislation to implement targeted regulatory adjustments. Rather than amending the Broadcasting Act 1994 itself, the Minister can grant exemptions under the enabling power in section 60. For practitioners, this highlights the importance of monitoring subsidiary instruments and not relying solely on the principal Act text.
Related Legislation
- Broadcasting Act 1994 (including section 33 and the ministerial exemption power in section 60)
- Legislation Timeline (to confirm the correct version of the Order as at the relevant date)
Source Documents
This article provides an overview of the Broadcasting (Exemption) Order 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.