Statute Details
- Title: Films (Classification — Exempt Video Games) Notification 2019
- Act Code: FA1981-S339-2019
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Films Act (Chapter 107)
- Power Used: Section 40(2) of the Films Act
- Commencement / Operation: 29 April 2019
- Enacting / Making Date: 22 April 2019
- Responsible Authority: Minister for Communications and Information (made by Permanent Secretary, Ministry of Communications and Information)
- Notification Number: S 339/2019
- Key Provisions: Sections 1–5 (definitions; exemptions from permit and from offences; cancellation)
- Status: Current version as at 27 Mar 2026 (per provided extract)
What Is This Legislation About?
The Films (Classification — Exempt Video Games) Notification 2019 is a regulatory instrument made under the Films Act (Chapter 107). In plain terms, it creates a category of “exempt video games” that are treated differently from other video games for the purposes of Singapore’s film/video game classification and related regulatory controls.
Singapore’s Films Act generally requires classification of films and video games and imposes offences for distributing or publicly exhibiting unclassified content, as well as permit-related requirements in certain importation scenarios. This Notification carves out specific exemptions for video games that meet defined content thresholds—meaning they do not contain depictions or descriptions of certain sensitive or prohibited categories.
Practically, the Notification reduces compliance burdens for qualifying video games. If a video game falls within the definition of an “exempt video game”, certain provisions of the Films Act do not apply to it. This is designed to avoid over-regulation of content that is unlikely to raise the policy concerns that drive classification controls.
What Are the Key Provisions?
1. Citation and commencement (Section 1)
Section 1 provides the formal title and states that the Notification comes into operation on 29 April 2019. For practitioners, this matters when assessing whether conduct (e.g., importation, distribution, exhibition) occurred under the regime created by this Notification or under an earlier exemption instrument.
2. Definitions—“exempt video game”, “psychoactive substance”, and “video game” exclusions (Section 2)
Section 2 is the heart of the Notification because it defines the scope of what qualifies for exemption.
(a) “Exempt video game”
An “exempt video game” is defined as a video game not containing any depiction or description of a list of sensitive matters. The list is detailed and includes, among other things:
- Racial or religious offence (any matter likely to cause offence to any race or religious group in Singapore);
- Religious belief or teaching;
- Psychoactive substance abuse or addiction and related unlawful activity, including explicit criminal acts, terrorism or violence, anti-social behaviour, images promoting illicit drug consumption, and gambling or promotion of unlawful activity;
- Sexual content and nudity of any kind, including revealing or titillating attire;
- Violence or coercion in association with sexual activity (e.g., bondage or rape);
- Torture, cruelty or graphic violence (e.g., dismemberment, bloody wounds, impaled bodies);
- Sexual behaviour not reflecting current community attitudes and values;
- Fetishes or deviant sexual practices (examples include paedophilia, bestiality, necrophilia);
- Coarse language and disturbing sequences, or depictions of abhorrent phenomena (natural or supernatural);
- Material unsuitable for persons below 16 years, including frequent use of coarse language;
- Political content involving candidates, political parties, elections, referendums, members of any Legislature, or governments/opposition (whether in Singapore or elsewhere); and
- Campaign/cause promotion—support/opposition to views or actions of persons/groups/governments, or publicity for a cause or campaign.
This definition is drafted in a “negative” way: exemption applies only if the video game does not contain any of the listed content. For legal review, this means the analysis is content-by-content and scene-by-scene (or at least element-by-element), rather than based on general genre or marketing claims.
(b) “Psychoactive substance”
The Notification defines “psychoactive substance” broadly to include various categories (opioid, cannabinoid, sedative, hypnotic, cocaine, other psychostimulant, hallucinogen, volatile solvent), while expressly excluding alcohol, coffee and tobacco. This is important for borderline cases involving depictions of drug use, addiction, or substances.
(c) “Video game” exclusions
Section 2 also clarifies that “video game” does not include certain categories that are already carved out elsewhere—such as an obscene film, a party political film, a prohibited film, a film against national security to be classified, or a film containing material prescribed for section 16(1)(e) of the Films Act. This prevents the Notification from being used to reclassify or exempt content that is already treated as outside the general framework.
3. Exemption from permit to remove imported video game (Section 3)
Section 3 states that Sections 12(1) and (3) of the Films Act do not apply to or in relation to any exempt video game that is imported by sea, land or air.
While the extract does not reproduce Sections 12(1) and (3), the legal effect is clear: the permit requirement tied to removal of imported video games is not applicable to exempt video games. For importers, this can materially affect operational workflow—potentially reducing the need to obtain permits before removing qualifying imported video games from customs/port control.
4. Exemption from offence of distributing or publicly exhibiting unclassified video game (Section 4)
Section 4 provides that Section 21(1) of the Films Act does not apply to distribution or public exhibition by any person of any exempt video game, and also does not apply to possession with the intention of distributing or publicly exhibiting any exempt video game.
In other words, the Notification removes the risk of criminal liability under the “unclassified distribution/exhibition” offence for exempt video games. This is a significant compliance change: a distributor or exhibitor of an exempt video game may proceed without the classification step that would otherwise be required for non-exempt content.
5. Cancellation of earlier exemption notification (Section 5)
Section 5 cancels the Films (Video Games Exemption) Notification 2008 (G.N. No. S 436/2008). This indicates a legislative update: the 2019 Notification replaces the 2008 instrument, and practitioners should not rely on the earlier notification for current exemptions.
How Is This Legislation Structured?
The Notification is structured as a short, five-section instrument:
- Section 1 sets out the citation and commencement date.
- Section 2 contains the key definitions that determine whether a video game is an “exempt video game”.
- Section 3 provides an exemption from permit requirements for removal of imported exempt video games.
- Section 4 provides an exemption from offences relating to distribution or public exhibition of unclassified video games, but only for exempt video games.
- Section 5 cancels the earlier 2008 exemption notification.
Because the Notification is concise, its legal impact depends heavily on the definitions in Section 2 and on the cross-referenced provisions of the Films Act (Sections 12 and 21).
Who Does This Legislation Apply To?
The Notification applies to any person involved in importing, distributing, or publicly exhibiting video games in Singapore, provided the relevant video game qualifies as an “exempt video game” under Section 2.
In practice, this includes importers, distributors, online platforms, retailers, and exhibitors. It also covers possession with the intention to distribute or publicly exhibit exempt video games, meaning that liability analysis is not limited to actual publication or sale; it can extend to preparatory conduct where intent is established.
Why Is This Legislation Important?
This Notification is important because it creates a legally defined “safe harbour” for certain video games. By meeting the strict content exclusions in Section 2, a video game can be treated as exempt from specific regulatory burdens under the Films Act—namely, permit requirements for removal of imported goods and the offence risk for distributing or publicly exhibiting unclassified content.
For practitioners advising game publishers, distributors, or platforms, the key value lies in risk management. The exemptions can reduce compliance costs and delays, but only if the content genuinely falls outside the prohibited categories. Because the definition is framed as “not containing” listed depictions or descriptions, counsel should ensure that the factual basis for exemption is robust—typically through content review, version control (patches/updates), and documentation of what was assessed.
Additionally, the Notification’s explicit inclusion of political content and campaign/cause promotion as disqualifying factors is a notable compliance point. Many modern games include political messaging, real-world references, or narrative campaigns. Even if such content is subtle, it may still fall within the broad language of Section 2’s political exclusions. Similarly, the broad coverage of sexual content, violence, coarse language, and psychoactive substance depictions means that exemption is unlikely for games with mature themes.
Finally, the cancellation of the 2008 Notification underscores that practitioners must use the current exemption criteria. Relying on outdated instruments can lead to incorrect advice and potential enforcement exposure if the game does not qualify under the 2019 definition.
Related Legislation
- Films Act (Chapter 107) — particularly Sections 12 (permit to remove imported films/video games) and 21(1) (offence relating to distribution/public exhibition of unclassified video games), and the enabling power in Section 40(2).
- Films (Video Games Exemption) Notification 2008 (G.N. No. S 436/2008) — cancelled by Section 5 of this Notification.
Source Documents
This article provides an overview of the Films (Classification — Exempt Video Games) Notification 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.