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)
- Enacting Power: Section 40(2) of the Films Act
- Citation: S 339/2019
- Commencement: 29 April 2019
- Status: Current version as at 27 Mar 2026
- Key Provisions: Sections 2–5 (definitions, exemptions, cancellation)
What Is This Legislation About?
The Films (Classification — Exempt Video Games) Notification 2019 is a Singapore legal instrument that creates a category of “exempt video games” for the purposes of the Films Act (Cap. 107). In practical terms, it identifies certain video games that are not required to undergo the Films Act’s classification-permit processes, provided they meet the Notification’s definition of “exempt video game”.
Singapore’s Films Act regulates the classification and control of films and certain related media. For video games, the general framework includes requirements around permits and restrictions on distributing or publicly exhibiting unclassified content. This Notification carves out an exemption: if a video game falls within the defined “exempt” category, specific statutory obligations and offences under the Films Act do not apply.
Accordingly, the Notification is not a general “licensing” scheme. It is a targeted exemption mechanism. It reduces regulatory friction for video games that do not contain content falling within enumerated prohibited or sensitive categories—especially content likely to cause offence, undermine community standards, or implicate political content restrictions.
What Are the Key Provisions?
1. Definitions (Section 2)
The core of the Notification is the definition of “exempt video game”. A “video game” qualifies as an “exempt video game” only if it does not contain any depiction or description of a long list of matters. The list is detailed and covers: (i) racial and religious offence; (ii) religious belief or teaching; (iii) psychoactive substance abuse or addiction and explicit criminal acts, terrorism, violence, anti-social behaviour (including illicit drug consumption imagery), gambling, or promotion of unlawful activity; (iv) sex, sexual matters, or nudity of any kind; (v) violence or coercion in association with sexual activity; (vi) torture, cruelty or violence (including graphic gory depictions); (vii) sexual behaviour that does not reflect current community attitudes and values in Singapore; (viii) fetishes or deviant sexual practices (including paedophilia, bestiality, necrophilia); (ix) coarse language, frightening or disturbing sequences, or abhorrent phenomena (natural or supernatural); (x) content unsuitable for persons below 16 years of age (including frequent coarse language); and (xi) political content relating to candidates, parties, elections, referendums, members of the Legislature, governments and opposition (whether in Singapore or elsewhere), including references/comments that support or oppose views or actions or publicise causes or campaigns.
Two important drafting features matter for practitioners. First, the trigger is “any depiction or description” of the listed matters—meaning the exemption is sensitive to both visual and narrative elements. Second, the political restriction is broad: it covers not only explicit political references but also any express or implied reference or comment on political actors and events, and any content intended “to demonstrate support for or opposition to the views or actions of any person, group of persons or any government” or “to publicise a cause or campaign”. This is likely to be a key compliance issue for games with political themes, advocacy, or election-like mechanics.
The definition also clarifies “psychoactive substance” (listing opioid, cannabinoid, sedative, hypnotic, cocaine, other psychostimulant, hallucinogen, volatile solvent, excluding alcohol, coffee and tobacco). This matters because many games include drug references; the exemption will be unavailable if the game depicts or describes psychoactive substance abuse/addiction as defined.
Finally, the definition of “video game” excludes certain categories: an obscene film, a party political film, a prohibited film, a film against national security to be classified, and a film containing material prescribed for section 16(1)(e) of the Films Act. This exclusion ensures that the exemption does not operate to circumvent other statutory classifications and prohibitions.
2. Exemption from permit to remove imported video game (Section 3)
Section 3 provides that section 12(1) and (3) of the Films Act does not apply to or in relation to any “exempt video game” imported by sea, land or air. While the extract does not reproduce section 12, the practical effect is that exempt video games are not subject to the permit requirement that would otherwise apply to the removal of imported video games from customs control or similar regulatory checkpoints.
For importers, this is a significant operational exemption. It reduces administrative steps and potential delays at the border for qualifying titles. However, the exemption is conditional: it only applies if the imported product is an “exempt video game” under the Notification’s definition. In disputes, the classification question will likely turn on whether the game contains any depiction or description of the enumerated prohibited/sensitive matters.
3. Exemption from offence of distributing or publicly exhibiting unclassified video game (Section 4)
Section 4 states 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 does not apply to possession with the intention of distributing or publicly exhibiting any exempt video game.
This is the second major compliance relief. Under the Films Act, distributing or publicly exhibiting unclassified content can attract criminal liability. Section 4 prevents that offence from applying where the content is an exempt video game. In other words, exempt video games can be distributed or publicly exhibited without the classification step that would otherwise be required for unclassified video games.
For practitioners advising distributors, retailers, platforms, or event organisers, the key legal risk is not the exemption itself but misclassification. If a game is incorrectly treated as “exempt” when it actually contains prohibited depictions (for example, graphic violence, nudity, or political campaign content), the exemption may fail and the conduct could revert to the general offence regime.
4. Cancellation (Section 5)
Section 5 cancels the earlier Films (Video Games Exemption) Notification 2008 (G.N. No. S 436/2008). This indicates that the 2019 Notification supersedes the earlier exemption framework. From a legal research and compliance perspective, cancellation is crucial: practitioners should not rely on the 2008 Notification for current obligations.
How Is This Legislation Structured?
The Notification is short and structured as a set of operative provisions supported by definitions. It contains:
Section 1 (Citation and commencement) identifies the instrument and sets its effective date (29 April 2019).
Section 2 (Definitions) provides the legal meaning of “exempt video game” and related terms (“psychoactive substance”, and the scope of “video game” by excluding certain categories).
Section 3 (Exemption from permit to remove imported video game) links the exemption to specific provisions of the Films Act concerning imported video games.
Section 4 (Exemption from offence of distributing or publicly exhibiting unclassified video game) links the exemption to the offence provision for distribution/public exhibition of unclassified video games.
Section 5 (Cancellation) repeals the earlier 2008 exemption Notification.
Who Does This Legislation Apply To?
The Notification applies to persons involved in the importation, distribution, and public exhibition of video games in Singapore. While it is framed as an exemption from provisions of the Films Act, its practical reach extends to importers, distributors, retailers, online platforms, and organisers of public events where video games are shown or made available to the public.
Importantly, the exemptions are content-based rather than actor-based. The legal question is whether the video game qualifies as an “exempt video game” under Section 2. If it does, the statutory permit and offence provisions identified in Sections 3 and 4 do not apply. If it does not, the general Films Act requirements and offences may apply.
Why Is This Legislation Important?
This Notification is important because it operationally changes the regulatory pathway for certain video games. For qualifying titles, it removes two friction points: (1) the permit requirement tied to removal of imported video games; and (2) the offence risk associated with distributing or publicly exhibiting unclassified video games.
From a compliance and risk management perspective, the Notification shifts attention to content analysis. The definition of “exempt video game” is highly granular and includes both explicit categories (nudity, torture, terrorism, psychoactive substance abuse) and broader community standards (coarse language, frightening or disturbing sequences, abhorrent phenomena). It also includes a particularly expansive political-content restriction, which may affect games with narrative missions, user-generated content, or marketing that references political actors, elections, or advocacy campaigns.
For legal practitioners, the Notification is also a reminder that exemptions can be narrow and conditional. The exemptions are not “blanket” permissions for all video games; they are contingent on the absence of any depiction or description of enumerated matters. In practice, this means that advice should be grounded in evidence: game footage, scripts/dialogue, localisation files, marketing materials, and any updates/patches that may introduce new content. Because the Notification’s definition is framed in terms of “any depiction or description”, even minor scenes or implied references could be relevant.
Related Legislation
- Films Act (Cap. 107) — in particular, sections 12(1) and (3), section 21(1), and section 40(2) (authorising power)
- 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.