Statute Details
- Title: Films (Classification — Exempt Video Games) Notification 2019
- Act Code: FA1981-S339-2019
- Type: Subsidiary Legislation (SL)
- Authorising Act: Films Act (Cap. 107), specifically section 40(2)
- Enacting formula (power used): Minister for Communications and Information makes the Notification in exercise of powers under section 40(2) of the Films Act
- Commencement: 29 April 2019
- Status: Current version as at 27 Mar 2026 (per the provided extract)
- Key provisions: Sections 2–5 (definitions, exemptions, cancellation)
What Is This Legislation About?
The Films (Classification — Exempt Video Games) Notification 2019 is a Singapore subsidiary 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 treated as low-risk from a content-regulation perspective and therefore do not need to go through specific permit and classification-related steps that would otherwise apply to video games.
The Notification’s core function is to carve out exemptions from two key compliance requirements under the Films Act. First, it exempts certain imported video games from the permit requirement relating to removal of imported films/video games. Second, it exempts certain persons from offences that would otherwise arise from distributing or publicly exhibiting unclassified video games. These exemptions are tightly linked to the definition of “exempt video game”, which is content-based and includes a detailed list of disallowed or restricted content categories.
Although the Notification is short, it is legally significant because it modifies how the Films Act operates in the specific context of video games. For lawyers advising publishers, distributors, importers, retailers, platforms, and game developers, the Notification is a key compliance reference point: it determines whether a game can be handled without certain permits and without triggering offences tied to unclassified content.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the legal identity of the instrument and states that it comes into operation on 29 April 2019. This matters for compliance timelines: if a transaction occurred before commencement, the applicable exemption regime may differ (including the prior 2008 Notification that is later cancelled).
Section 2 (Definitions) is the heart 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. The definition of “exempt video game” is structured as a negative list: it is a video game not containing any depiction or description of specified categories. The categories include:
- Racial or religious offence (e.g., matters likely to cause offence to any race or religious group in Singapore);
- Religious content (religious belief or teaching);
- Illicit activity and anti-social behaviour (psychoactive substance abuse/addiction, explicit criminal acts, terrorism, violence, gambling, or promotion of unlawful activity);
- Sexual content and nudity (any sex/sexual matters/nudity, including revealing or titillating attire);
- Sexual violence (violence or coercion in association with sexual activity);
- Torture/cruelty/graphic violence (gory images, bloody wounds, impaled bodies);
- Sexual behaviour not reflecting community attitudes;
- Fetishes/deviant sexual practices (including paedophilia, bestiality, necrophilia);
- Coarse language and frightening/disturbing sequences and “abhorrent phenomena” (natural or supernatural);
- Content unsuitable for persons below 16 (including frequent use of coarse language);
- Political content (express or implied references/comments on candidates, political parties, elections, referendums, members of the Legislature, governments, or opposition, whether in Singapore or elsewhere); and
- Advocacy/campaigning content (support/opposition to views/actions of persons/groups/governments; or publicising a cause/campaign).
In addition, “psychoactive substance” is defined broadly to include various drug categories (opioid, cannabinoid, sedative, hypnotic, cocaine, other psychostimulant, hallucinogen, volatile solvent), but expressly excludes alcohol, coffee and tobacco. This definition is important because the exemption turns on whether the video game contains depictions or descriptions of psychoactive substance abuse/addiction.
Finally, the definition of “video game” in the Notification is not merely a general term; it includes exclusions. It 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 the exemption regime does not inadvertently apply to content that is already excluded or treated as high-risk under the Films Act classification scheme.
Section 3 (Exemption from permit to remove imported video game) provides the first operational 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. In plain language, if a game qualifies as an “exempt video game” under the Notification, the importer does not need to satisfy the permit requirement that would otherwise apply to the removal of imported video games/films under the Films Act.
Section 4 (Exemption from offence of distributing or publicly exhibiting unclassified video game) provides the second operational exemption. It states 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 possession by any person with the intention of distributing or publicly exhibiting any exempt video game. This is crucial for compliance and risk management: it means that persons who distribute or publicly exhibit an exempt video game are not exposed to the offence that would otherwise arise from distributing or exhibiting an unclassified video game.
Section 5 (Cancellation) cancels the earlier Films (Video Games Exemption) Notification 2008 (G.N. No. S 436/2008). Cancellation indicates that the 2019 Notification is the operative exemption instrument going forward (subject to any later amendments not shown in the extract). For practitioners, this affects how to determine the applicable legal regime for older transactions and how to advise on transitional issues.
How Is This Legislation Structured?
The Notification is structured as a short, self-contained instrument with five sections:
- Section 1: Citation and commencement (when it takes effect).
- Section 2: Definitions (especially the detailed content-based definition of “exempt video game”).
- Section 3: Exemption from the Films Act permit requirement for removal of imported exempt video games.
- Section 4: Exemption from offences relating to distributing or publicly exhibiting unclassified video games, limited to exempt video games.
- Section 5: Cancellation of the 2008 exemption Notification.
Notably, the Notification does not create a classification system itself; rather, it defines a category of games and then links that category to exemptions from specific provisions of the Films Act.
Who Does This Legislation Apply To?
The Notification applies to video games that meet the definition of “exempt video game” and to persons dealing with those games in ways covered by the Films Act. Section 3 is directed at importers (because it concerns imported video games and the permit requirement for removal). Section 4 is directed broadly at any person who distributes, publicly exhibits, or possesses such games with the intention to distribute or publicly exhibit.
In practice, this means the Notification is relevant to businesses and individuals involved in the supply chain: importers, distributors, publishers, retailers, online platforms, event organisers, and any party that may be considered to be distributing or publicly exhibiting a video game in Singapore. The exemption is not automatic for all video games; it depends on content compliance with the negative list in the definition.
Why Is This Legislation Important?
This Notification is important because it creates a compliance “shortcut” for qualifying games. For lawyers, the key point is that it can reduce regulatory friction and legal exposure by removing certain permit and offence risks that would otherwise attach under the Films Act. Where a game qualifies as an exempt video game, importers may avoid permit steps for removal, and distributors/exhibitors may avoid offences tied to distributing or publicly exhibiting unclassified content.
However, the exemption is content-sensitive. The definition of “exempt video game” is drafted to exclude games containing a wide range of content: racial/religious offence, religious teaching, psychoactive substance abuse/addiction, explicit criminal acts/terrorism/violence, gambling and promotion of unlawful activity, sexual content and nudity, sexual violence, torture/cruelty/graphic violence, deviant sexual practices, coarse language and disturbing sequences, and political or campaigning references. This means that even if a game is otherwise commercially mainstream, a single element that falls within these categories could disqualify it from exemption.
From an enforcement and risk perspective, practitioners should treat the exemption as requiring careful factual and legal assessment. Advising clients typically involves: (i) mapping game content (including narrative, imagery, dialogue, user-generated or modded content where relevant, and promotional materials) against the defined disallowed categories; (ii) confirming that the game is not excluded from “video game” by the Notification’s own carve-outs (obscene film, party political film, prohibited film, national security classification issues, or prescribed material under the Films Act); and (iii) documenting the basis for exemption to support compliance decisions.
Finally, the cancellation of the 2008 Notification underscores that practitioners must ensure they rely on the correct current instrument. The extract indicates the Notification is current as at 27 March 2026, but lawyers should always verify whether any later amendments or replacements exist on the legislation timeline.
Related Legislation
- Films Act (Cap. 107) — in particular sections 12, 21, 16(1)(e), and the enabling provision 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.