Statute Details
- Title: Films (Exemption) (No. 2) Notification 2011
- Act Code: FA1981-S526-2011
- Type: Subsidiary Legislation (SL)
- Authorising Act: Films Act (Cap. 107), specifically section 40(2)
- Commencement: 15 September 2011
- Current status: Current version as at 27 March 2026
- Key amendments: Amended by S 347/2019 with effect from 29 April 2019
- Key provisions (from extract): Section 2 (definitions); Section 3 (exemption); Section 4 (conditions); Section 5 (non-limitation)
What Is This Legislation About?
The Films (Exemption) (No. 2) Notification 2011 is a Singapore subsidiary legal instrument made under the Films Act (Cap. 107). In practical terms, it creates a narrow exemption from certain statutory requirements in the Films Act for a specific organisation and a limited category of films. The exemption is not general: it is tailored to an “exempt company” and “exempt persons” and applies only to “exempt films” used for educational and counselling purposes.
The Notification addresses a regulatory tension that can arise where obscene films—though otherwise regulated—may be used in controlled settings for professional education or counselling. Rather than requiring full compliance with the Films Act’s provisions that would otherwise apply to obscene films, the Notification allows certain uses to proceed without the usual restrictions, provided strict conditions are met.
Importantly, the Notification does not repeal or override the Films Act. It carves out a targeted exemption “subject to paragraphs 4 and 5” and makes clear that other written laws continue to operate. This is a classic regulatory design: a limited carve-out, tightly controlled by compliance conditions and enforcement access.
What Are the Key Provisions?
1. Citation and commencement (Section 1)
Section 1 provides the legal citation and states that the Notification came into operation on 15 September 2011. For practitioners, this matters when determining whether the exemption was available at a particular time, and whether any conduct occurred before or after commencement.
2. Definitions (Section 2)
Section 2 defines the key terms that determine the scope of the exemption:
- “exempt company” means Eros Coaching Pte Ltd.
- “exempt film” means any obscene film that has been approved by the Authority for use by the exempt company and any exempt person for educational and counselling purposes only.
- “exempt person” includes:
- Dr Martha Lee Hwi Chern, a director of the exempt company who works as a counsellor for the exempt company; and
- any employee of the exempt company who has received the approval of the Authority to use any exempt film for educational and counselling purposes.
- “use” in relation to an exempt film means to possess or exhibit the exempt film.
These definitions are central. The exemption is not available to any company or any film. It is limited to films that are (i) obscene, (ii) approved by the Authority, and (iii) used only for educational and counselling purposes. Likewise, only specific individuals (or approved employees) can qualify as “exempt persons.”
3. The exemption (Section 3)
Section 3 is the operative provision. It states that, subject to paragraphs 4 and 5, sections 29(2) and (4) and 30 of the Films Act shall not apply to, or in relation to, the exempt company or any exempt person in respect of any exempt film that is used for educational or counselling purposes.
While the extract does not reproduce the text of sections 29 and 30 of the Films Act, the legal effect is clear: the Notification suspends the application of specified Films Act controls for the exempt company/persons, but only for the defined “exempt film” and only when used for the permitted purpose. Practitioners should therefore treat the exemption as a conditional “non-application” of particular statutory provisions, rather than a blanket permission to deal with obscene films.
4. Conditions attached to the exemption (Section 4)
Section 4 is the compliance backbone of the Notification. The exemption is expressly subject to conditions, and failure to comply can cause the exemption to fall away.
Section 4(1) sets out seven conditions:
- Purpose limitation (4(1)(a)): every exempt film must be used by the exempt company or any exempt person for educational and counselling purposes only.
- Register requirement (4(1)(b)): the exempt company must keep and maintain a register of exempt films containing the title of every exempt film and other information specified by the Authority.
- Approved rooms and restricted access (4(1)(c)): an exempt film may be used only in rooms within the premises that are approved by the Authority (“approved rooms”). Access must be restricted to exempt persons and the exempt company’s clients only.
- Secure storage (4(1)(d)): when not exhibited, the exempt film must be kept or stored in a safe and secure facility within the premises, accessible only to exempt persons.
- No reproduction/distribution/advertising (4(1)(e)): neither the exempt company nor any exempt person may reproduce, distribute, promote, or advertise any exempt film, or cause such acts.
- Director/counsellor requirement (4(1)(f)): Dr Martha Lee Hwi Chern must remain a director of the exempt company and work as a counsellor for the exempt company.
- Enforcement access (4(1)(g)): the exempt company must allow any enforcement officer to enter the premises at any time to inspect the register and ascertain compliance with all conditions.
Section 4(2) provides a stringent consequence: if any condition in 4(1) is not complied with “by the exempt company or by any exempt person” in respect of any exempt film, then the exemption in paragraph 3 shall not apply to the exempt company and all exempt persons in respect of all exempt films.
This “all exempt films” consequence is significant. It means a breach relating to one exempt film could jeopardise the exemption for the entire exempt film set. For compliance planning, practitioners should treat the conditions as collectively enforceable and implement robust internal controls, audit trails, and staff training.
5. Non-limitation of other written law (Section 5)
Section 5 states that nothing in the Notification shall be construed to limit or affect the operation of any other written law in respect of any obscene film or in relation to any act in respect of any obscene film.
In other words, even if the Films Act provisions specified in Section 3 do not apply, other legal regimes may still apply (for example, general criminal law, licensing requirements, data protection or workplace rules, depending on the facts). This clause is a reminder that exemptions are not “immunity shields” beyond their defined scope.
How Is This Legislation Structured?
The Notification is structured as a short, five-section instrument:
- Section 1: Citation and commencement.
- Section 2: Definitions of “exempt company,” “exempt film,” “exempt person,” and “use.”
- Section 3: The core exemption—specified Films Act provisions do not apply to the exempt company/persons for exempt films used for educational/counselling purposes.
- Section 4: Conditions for the exemption, including registerkeeping, approved-room use, restricted access, secure storage, prohibition on reproduction/distribution/promotion/advertising, the continuing role of the named director-counsellor, and enforcement access. It also provides the consequence of non-compliance.
- Section 5: A savings/non-limitation clause preserving other written law.
Who Does This Legislation Apply To?
The Notification applies to a specific set of regulated parties: Eros Coaching Pte Ltd as the “exempt company,” and “exempt persons” comprising Dr Martha Lee Hwi Chern and any approved employees of the exempt company. It also applies only to films that qualify as “exempt films,” meaning obscene films that have been approved by the Authority for educational and counselling purposes.
Practically, this means the exemption is not transferable to other companies or individuals unless they fall within the defined categories and obtain the relevant approvals. The “use” covered by the exemption is limited to possessing or exhibiting the exempt film. Any activity outside that definition—such as reproduction or distribution—is expressly prohibited by condition (4(1)(e), subject to the wording of the condition) and may also trigger other legal consequences.
Why Is This Legislation Important?
This Notification is important because it demonstrates how Singapore regulates obscene films while allowing narrowly defined professional use. For practitioners advising the exempt company or exempt persons, the Notification provides a lawful pathway to possess and exhibit approved obscene films for educational and counselling purposes—without being subject to the specified Films Act provisions—provided strict conditions are met.
From an enforcement and compliance perspective, the Notification is equally important because it is designed to be auditable and controllable. The register requirement, approved-room limitation, restricted access rules, secure storage obligations, and the explicit right of enforcement officers to enter and inspect create a framework that supports monitoring and reduces the risk of diversion to prohibited uses.
Finally, the “all exempt films” consequence in Section 4(2) elevates the compliance stakes. A single breach can remove the exemption entirely for all exempt films. Lawyers should therefore advise on operational controls: maintaining the register in the required form, ensuring only approved rooms are used, verifying that only approved exempt persons and clients access the films, documenting secure storage procedures, and ensuring staff understand the prohibition on reproduction, distribution, promotion, or advertising.
Related Legislation
- Films Act (Cap. 107) — in particular sections 29(2), 29(4), 30, and the enabling power in section 40(2).
Source Documents
This article provides an overview of the Films (Exemption) (No. 2) Notification 2011 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.