Statute Details
- Title: Broadcasting (Online Codes of Practice Procedure) Rules 2023
- Act/Authorising Legislation: Broadcasting Act 1994
- Authorising Power: Section 45L(2) of the Broadcasting Act 1994
- Legislative Instrument Type: Subsidiary Legislation (SL)
- Legislation Code: BA1994-S47-2023
- Statutory Citation: SL 47/2023 (No. S 47)
- Commencement: 8 February 2023
- Enacting Date: Made on 3 February 2023
- Key Provisions (from extract): Rule 2 (definitions), Rule 3 (content of proposal), Rule 4 (notice of proposal), Rule 5 (objections and representations), Rule 6 (approval of proposal)
- Current Version Status: Current version as at 26 March 2026
What Is This Legislation About?
The Broadcasting (Online Codes of Practice Procedure) Rules 2023 (“the Rules”) set out the procedural framework for how Singapore’s broadcasting regulator—referred to in the Rules as “the Authority”—prepares, publishes, and finalises “online Codes of Practice”. These Codes of Practice are regulatory instruments that guide or impose standards for providers of online communication services and regulated online communication services, particularly in relation to how they should operate within the regulatory scheme under the Broadcasting Act 1994.
In plain terms, the Rules ensure that when the Authority proposes to issue a new online Code of Practice, amend an existing one, or revoke a Code, it must follow a structured consultation and decision-making process. That process includes preparing a draft (or draft amendments), publishing a notice to the general public (including via a specified website), inviting written objections and representations, and then considering those submissions before issuing or modifying the Code.
Although the Rules are procedural, they are legally significant. They create enforceable steps and timelines that affect regulated entities’ ability to participate in consultations and influence the final content of online Codes of Practice. For practitioners, the Rules are therefore essential for advising both (i) regulated providers on how to respond effectively during consultation and (ii) the Authority on how to lawfully conduct the consultation and approval process.
What Are the Key Provisions?
1. Citation, commencement, and definitions (Rules 1 and 2)
Rule 1 provides the citation and commencement: the Rules come into operation on 8 February 2023. This matters for determining whether a consultation or decision is governed by the Rules and whether any procedural steps were taken within the correct legal framework.
Rule 2 defines key terms. Two definitions are particularly practical:
- “proposal” means a proposal by the Authority to issue an online Code of Practice (including replacing another Code), or to amend or revoke an online Code of Practice.
- “contact address” for a person means any nominated address for receiving documents under the Rules, including a residential address in Singapore, a place of business or work (in or outside Singapore), or an email address.
Rule 2(2) also contains a standard time-computation provision: if the time specified for doing an act expires on a Saturday, Sunday, or public holiday, the act is in time if done on the next following day that is not a Saturday, Sunday, or public holiday. This prevents technical default where deadlines fall on non-working days.
2. Content requirements for proposals (Rule 3)
Rule 3 is central because it dictates what the Authority must include in its proposal package. This, in turn, affects the quality of consultation and the ability of stakeholders to make informed submissions.
For proposals to issue an online Code of Practice or to amend an online Code of Practice, the proposal must consist of:
- (a) a draft text of the proposed Code (or the proposed amendment), which must include:
- a description of the relevant online communication service or regulated online communication service that the Code is intended to apply to or affect, and
- the provisions, specifications and particulars relating to the proposal, plus other information and materials necessary to explain and illustrate the proposal; and
- (b) any other relevant reports or documents.
For proposals to revoke an online Code of Practice, Rule 3(2) requires the proposal to (i) identify the Code to be revoked and (ii) include sufficient information and materials to explain and illustrate the revocation.
Practical implication: If the draft text or explanatory materials are thin or do not identify the affected services clearly, stakeholders may argue that the consultation is not meaningfully informed. While the Rules do not expressly create a substantive challenge mechanism, the content requirements can be used to assess whether the Authority complied with the procedural prerequisites.
3. Notice of proposal and consultation mechanics (Rule 4)
Rule 4 governs how the Authority must notify both the public and affected providers.
First, Rule 4(1) requires the Authority to notify the Minister and then to:
- (a) give notice to the general public of the making of the proposal on https://www.imda.gov.sg/regulations-and-licences/Regulations/consultations; and
- (b) give notice to either:
- the providers of the relevant online communication services or regulated online communication services that the proposed Code (or amendment) is intended to apply to or affect; or
- the general public in a manner that will secure adequate publicity for the proposal.
Second, Rule 4(2) specifies what the notice must do. It must state that the Authority has prepared a draft text (or draft amendment, or revocation proposal) and must invite persons to give written objections and representations to the Authority at a stated address within a specified period under Rule 4(3).
Third, Rule 4(3) sets a minimum consultation period: the period for objections and representations must be not less than 28 days after the notice is given. This is a key procedural safeguard for stakeholders.
4. Objections and representations: form, timing, and completeness (Rule 5)
Rule 5 provides the procedural rules for how stakeholders must submit objections or representations.
Under Rule 5(1), any objection or representation must:
- (a) be in writing and in English;
- (b) be given to the Authority at the address stated in the notice and within the period specified in accordance with Rule 4(3); and
- (c) be accompanied by (i) a statement of reasons or explanations and (ii) the contact address of the person making the submission.
Rule 5(2) allows the Authority to refuse submissions that are either:
- submitted after the time limit; or
- incomplete or otherwise not made in accordance with the Rules.
Rule 5(3) clarifies that the Authority has no duty to hold in-person hearings. The Authority may decide without an in-person hearing. This is important for counsel advising clients who may expect oral hearings; the Rules contemplate a written consultation model.
5. Consideration and outcomes (Rule 6)
Rule 6 sets the decision-making obligations and the possible outcomes.
Rule 6(1) provides that, except where the Authority considers an objection or representation to be frivolous, it must consider every objection or representation received within the consultation period and not withdrawn.
Rule 6(2) then provides the Authority’s options after considering submissions. The Authority may:
- (a) issue an online Code of Practice, with such modifications as it considers necessary;
- (b) amend or revoke an online Code of Practice, with such modifications as it considers necessary; or
- (c) withdraw the proposal in whole or in part.
Finally, Rule 6(2) requires the Authority to give notice to the general public as soon as practicable and in a manner that secures adequate publicity for the decision.
Practical implication: The Rules do not require the Authority to publish a consultation response document or explain how each submission was treated. However, Rule 6(1) imposes a consideration duty, and Rule 6(2) requires public notice of the decision. In disputes, the existence of a consideration duty can be relevant to procedural fairness arguments.
How Is This Legislation Structured?
The Rules are structured as a short set of procedural rules with a conventional numbering format:
- Rule 1: Citation and commencement.
- Rule 2: Definitions and time-computation rule.
- Rule 3: Content of proposals (issue/amend vs revoke).
- Rule 4: Notice of proposal (public notice, affected providers, minimum 28-day consultation period, invitation to submit written objections/representations).
- Rule 5: Objections and representations (submission requirements, refusal grounds, no duty for in-person hearings).
- Rule 6: Approval of proposal (consideration duty, Authority’s decision options, and public notice of outcome).
Who Does This Legislation Apply To?
The Rules apply to the Authority when it proposes to issue, amend, or revoke an online Code of Practice. They also apply to persons who wish to participate in the consultation by submitting objections or representations, including providers of the relevant online communication services or regulated online communication services that the proposed Code is intended to affect.
For regulated entities, the key question is whether they fall within the service categories described in the draft proposal. Rule 4(1)(b)(i) indicates that the Authority must notify the providers of the services intended to be affected. For other stakeholders (e.g., industry associations, civil society organisations, or members of the public), Rule 4(1)(a) and Rule 4(1)(b)(ii) provide a pathway to participate through public notice and adequate publicity.
Why Is This Legislation Important?
Although the Rules are procedural, they have real regulatory consequences. Online Codes of Practice can shape compliance expectations for providers of online communication services and regulated online communication services. The consultation process under these Rules is therefore a key opportunity for stakeholders to influence the final regulatory standards.
From an enforcement and governance perspective, the Rules formalise minimum consultation safeguards—most notably the 28-day minimum period for objections and representations and the requirement that proposals include sufficient draft text and explanatory materials. These safeguards help ensure that decisions are made on an informed basis and that affected parties have a fair chance to respond.
For practitioners, the Rules also provide a clear checklist for submissions. Counsel advising clients should ensure that objections or representations are: (i) in writing and in English; (ii) submitted within the specified period; (iii) accompanied by reasons/explanations; and (iv) include a valid contact address. Failure to comply with these requirements can lead to refusal under Rule 5(2).
Finally, Rule 6’s consideration duty—subject only to a “frivolous” exception—means that the Authority must engage with timely, properly made submissions. While the Rules do not mandate a detailed response to each point, the duty to consider can be important in judicial review or administrative law contexts where procedural fairness is assessed.
Related Legislation
- Broadcasting Act 1994 (including the provisions authorising the making of these Rules, notably section 45L(2), and the framework for online Codes of Practice)
- Broadcasting Act 1994 (as referenced in the Rules’ enacting formula and legislative timeline materials)
Source Documents
This article provides an overview of the Broadcasting (Online Codes of Practice Procedure) Rules 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.