Statute Details
- Title: Films (Classification — Exempt Video Games) Notification 2019
- Act Code: FA1981-S339-2019
- Legislation Type: Subsidiary legislation (Notification)
- Authorising Act: Films Act (Cap. 107), specifically section 40(2)
- Enacting Formula / Power: Made by the Minister for Communications and Information under section 40(2) of the Films Act
- Commencement: 29 April 2019
- Current Version Status: Current version as at 27 Mar 2026 (per the platform extract)
- Key Provisions: Sections 2–5 (definitions, exemptions, cancellation)
What Is This Legislation About?
The Films (Classification — Exempt Video Games) Notification 2019 (“Notification”) is a Singapore legal instrument made under the Films Act (Cap. 107). Its central purpose is to create a category of “exempt video games” that are not subject to certain permit and classification-related controls that would otherwise apply to video games under the Films Act.
In plain language, the Notification recognises that not all video games require the same level of regulatory processing. It defines “exempt video game” by reference to content restrictions. If a video game does not contain specified kinds of content—such as depictions likely to cause offence to racial or religious groups, sexual content, graphic violence, or political campaigning content—then it may qualify as “exempt”.
Once a video game qualifies as “exempt”, the Notification provides targeted exemptions. Specifically, it removes the need for certain permit requirements relating to the removal of imported video games, and it also removes liability for distributing or publicly exhibiting an unclassified video game—so long as the game is within the exempt category.
What Are the Key Provisions?
1. Definitions (Section 2)
Section 2 is the backbone of the Notification. It defines “exempt video game”, “psychoactive substance”, and clarifies what is excluded from the term “video game” for the purposes of the Films Act framework.
“Exempt video game” is defined as a video game not containing any depiction or description of a long list of prohibited or tightly controlled subject matter. The list is content-based and includes, among other things:
- Matters likely to cause offence to any race or religious group in Singapore;
- Religious belief or teaching;
- Psychoactive substance abuse or addiction, explicit criminal acts, terrorism or violence, or other anti-social behaviour (including images promoting illicit drug consumption), gambling, or promotion of unlawful activity;
- Sex, sexual matters, or 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 violence (e.g., gory dismemberment, bloody wounds, impaled bodies);
- Sexual behaviour not reflecting current community attitudes and values;
- Fetishes or deviant sexual practices (e.g., paedophilia, bestiality, necrophilia);
- Coarse language, frightening or disturbing sequences, or abhorrent phenomena (natural or supernatural);
- Any act, image or message unsuitable for persons below 16 years of age (including frequent coarse language);
- Express or implied references to political candidates, political parties, elections, referendums, members of the Legislature, governments or previous governments, or opposition—whether in Singapore or elsewhere;
- Material intended to demonstrate support for or opposition to views/actions of persons, groups, or any government, or to publicise a cause or campaign.
“Psychoactive substance” is defined broadly to include various drug categories (opioids, cannabinoids, sedatives, hypnotics, cocaine, other psychostimulants, hallucinogens, volatile solvents), but expressly excludes alcohol, coffee and tobacco. This definition matters because the exempt category is sensitive to depictions or descriptions of psychoactive substance abuse or addiction.
“Video game” exclusions are also important. The Notification states that “video game” does not include a video game that is any of the following: 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 the purposes of section 16(1)(e) of the Films Act. This ensures that even if a product is “video game” in a commercial sense, it may still fall outside the exemption if it meets these statutory categories.
2. Exemption from permit requirements for imported exempt video games (Section 3)
Section 3 provides a narrow but practical exemption. It states that section 12(1) and (3) of the Films Act does not apply to or in relation to any exempt video game that is imported by sea, land or air.
For practitioners, the key point is that the Films Act ordinarily imposes permit-related controls in connection with imported films/video games. Section 3 removes those controls for exempt video games. This reduces administrative friction for importers and distributors of qualifying content, but only where the game meets the strict content definition in section 2.
3. Exemption from offences relating to distributing or publicly exhibiting unclassified video games (Section 4)
Section 4 addresses criminal and regulatory risk. It provides that section 21(1) of the Films Act does not apply in respect of:
- the distribution or public exhibition by any person of any exempt video game; or
- the possession by any person with the intention of distributing or publicly exhibiting any exempt video game.
In effect, if a video game is “exempt”, then distributing or publicly exhibiting it does not trigger the offence framework that would otherwise apply to distributing or exhibiting an unclassified video game. This is significant for retailers, online platforms, game publishers, and importers who may otherwise need to ensure classification before distribution.
4. Cancellation of the earlier exemption notification (Section 5)
Section 5 cancels the Films (Video Games Exemption) Notification 2008 (G.N. No. S 436/2008). This indicates that the 2019 Notification is not merely incremental; it replaces the earlier regulatory instrument governing exemptions for video games.
From a compliance perspective, cancellation matters because it clarifies that references to the 2008 Notification should no longer be relied upon for current legal effect. Practitioners should ensure that internal policies, compliance checklists, and risk assessments are updated to reflect the 2019 definitions and exemptions.
How Is This Legislation Structured?
The Notification is concise and structured as a five-section instrument:
- Section 1: Citation and commencement (sets the legal identity and start date: 29 April 2019).
- Section 2: Definitions (defines “exempt video game”, “psychoactive substance”, and clarifies exclusions from “video game”).
- Section 3: Exemption from permit requirements under section 12(1) and (3) of the Films Act for imported exempt video games.
- Section 4: Exemption from the offence provisions under section 21(1) of the Films Act for distributing/publicly exhibiting (or possessing with intent to distribute/exhibit) exempt video games.
- Section 5: Cancellation of the 2008 exemption notification.
Notably, the Notification does not create a classification scale itself. Instead, it operates as a targeted legal “carve-out” from specific Films Act requirements, using content-based definitions to determine eligibility.
Who Does This Legislation Apply To?
The Notification applies to any person involved with exempt video games, particularly in relation to importation, distribution, and public exhibition. Section 3 is directed to the importation of exempt video games by sea, land or air, while section 4 expressly covers distribution/public exhibition and possession with intent to distribute/publicly exhibit.
In practice, this includes game publishers, importers, distributors, retailers, and online platforms that make video games available to the public in Singapore. However, eligibility depends on whether the particular game qualifies as an “exempt video game” under section 2. The exemptions are not automatic for all video games; they hinge on the absence of the specified prohibited content categories.
Why Is This Legislation Important?
This Notification is important because it directly affects regulatory compliance pathways for video game businesses. By carving out exempt video games from permit and offence provisions, it can reduce time-to-market and administrative overhead for qualifying titles. For practitioners advising clients in publishing, importing, or retailing video games, the Notification provides a legal basis to treat certain games differently from those requiring classification.
At the same time, the content definition is stringent and broad. The exemption excludes not only graphic violence and sexual content, but also includes restrictions on coarse language, frightening or disturbing sequences, and—critically for many modern games—political references and campaign-related messaging. The definition also addresses psychoactive substance abuse/addiction and unlawful activity promotion. This means that compliance is not merely about age-appropriateness; it is about whether the game contains any of the listed depictions or descriptions.
From an enforcement and risk perspective, section 4 is particularly consequential. It removes the offence risk associated with distributing or publicly exhibiting an unclassified video game, but only for exempt video games. Lawyers advising clients should therefore focus on evidencing exemption eligibility—e.g., through content review, documentation of game versions, and careful assessment of whether any prohibited content appears in the game as distributed in Singapore.
Finally, the cancellation of the 2008 Notification underscores that the legal framework has been updated. Practitioners should treat the 2019 Notification as the operative instrument for exemptions and ensure that compliance systems reflect its definitions and exemptions.
Related Legislation
- Films Act (Cap. 107): Particularly sections 12(1) and (3) (permit requirements for imported films/video games) and section 21(1) (offence relating to distributing or publicly exhibiting unclassified films/video games), and section 40(2) (power to make notifications).
- Films (Video Games Exemption) Notification 2008 (G.N. No. S 436/2008): Cancelled by section 5 of the 2019 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.