Statute Details
- Title: Films (Licence — Exemption) Notification 2019
- Act / Instrument Code: FA1981-S343-2019
- Type: Subsidiary Legislation (SL)
- Authorising Act: Films Act (Chapter 107)
- Enacting Authority: Minister for Communications and Information
- Legal Basis: Powers under section 40(2) of the Films Act
- Commencement: 29 April 2019
- Current Status: Current version as at 27 March 2026
- Key Provisions (Extract): Sections 2–10 (definitions and exemptions)
- Notable Amendment: Amended by S 422/2021 with effect from 1 July 2021
- Cancellation: Cancels the Films (Business Activities Exemption) Notification 2008 (G.N. No. S 434/2008)
What Is This Legislation About?
The Films (Licence — Exemption) Notification 2019 is a subsidiary legal instrument made under the Films Act (Chapter 107). In plain terms, it creates specific exemptions from licensing requirements for certain film-related business activities—particularly where the activity is carried out by defined categories of persons and/or involves defined categories of films or video games.
Singapore’s film regulatory framework generally requires licences for business activities involving films and video games, and it also regulates public exhibition and distribution. This Notification does not replace the Films Act; instead, it carves out targeted “licence exemptions” so that certain routine or low-risk activities can be carried out without the need to obtain a licence, provided the statutory conditions are met.
Practically, the Notification is designed to reduce regulatory friction for legitimate industry participants (such as importers, distributors, and exhibitors) while maintaining regulatory control over higher-risk content (for example, obscene, prohibited, or otherwise restricted categories). It also reflects the broader classification regime for films and video games, by tying exemptions to classification outcomes (such as “G”, “PG”, and “PG13”) and to “exempt” categories defined in related classification notifications.
What Are the Key Provisions?
1. Definitions and content scope (Section 2)
Section 2 sets the definitional boundaries for the Notification. Importantly, it clarifies that the term “film” does not include certain categories: (a) obscene films, (b) party political films, and (c) prohibited films. This matters because the exemptions in the Notification apply only to “film” as defined for the purposes of the Films Act and this Notification. If content falls into excluded categories, the exemption framework may not apply, and licensing or other regulatory controls under the Films Act may still be required.
Section 2 also incorporates definitions from the Broadcasting Act for “free-to-air broadcasting service” and “subscription nationwide television service”. This cross-reference is essential for the Notification’s provisions on public exhibition of films broadcast by licensed broadcasters.
2. Exemption for film importers (Section 3)
Section 3(1) provides that a person who, in the course of business, imports any film is exempt from section 6(1)(a) of the Films Act. While the extract does not reproduce section 6(1)(a), the structure indicates that section 6(1) contains licensing requirements for business activities. The exemption therefore relieves film importers from at least one licensing obligation tied to importation.
Section 3(2) further provides an exemption for importation for re-export (with or without transshipment in Singapore), exempting the importer from section 12(1) and (3) of the Act. This is a commercially significant carve-out: businesses that bring films into Singapore solely to re-export them (for example, as part of international distribution logistics) can do so without triggering certain licensing requirements.
3. Importing for licensed distributors and class licensees (Section 4)
Section 4 is a central provision for practitioners because it addresses the common supply-chain scenario where one business imports on behalf of another. It distinguishes between importing video games and importing films other than video games.
Under Section 4(1), a person who imports a video game on behalf of, or at the request of, another person who is either:
- a licensee granted a licence under section 7(2) of the Films Act to distribute such video games in the course of business; or
- a class licensee to whom a class licence applies by virtue of the Films (Class Licence for Video Games Distribution) Order 2019 (G.N. No. S 342/2019),
is exempt from section 6(1)(b) of the Act in relation to that distribution to the requesting/licensed party, and also exempt from section 12(1) and (3).
Section 4(2) extends the same logic to importing films other than video games, but the class licensee categories are tied to specific class licence Orders. As amended by S 422/2021 (effective 1 July 2021), it includes class licensees under:
- Films (Class Licence for Lending by Libraries and Educational Institutions) Order 2019 (G.N. No. S 336/2019); and
- Films (Class Licence for General Films Distribution) Order 2021 (G.N. No. S 420/2021).
For lawyers advising importers, the key is that the exemption is conditional: it depends on the status of the requesting party (licensee or class licensee) and on the nature of the importation (on behalf of or at the request of that party).
4. Distribution for cinema exhibition (Section 5)
Section 5 provides that a person who, in the course of business, distributes any film to another person for public exhibition in cinemas is exempt from section 6(1)(b) of the Act in relation to that distribution. This is a targeted exemption for cinema distribution channels. It suggests that the licensing regime may already be satisfied (or differently regulated) at the cinema exhibition stage, so that the distributor’s licensing obligation is relaxed for this specific distribution purpose.
5. Public exhibition of broadcast films (Section 6)
Section 6 addresses a different pathway: public exhibition of films that are received directly from licensed broadcasting services. A person who, in the course of business, publicly exhibits directly any film received from either:
- a free-to-air broadcasting service; or
- a subscription nationwide television service (whether using cable or Internet protocol) with scheduled programming,
provided by another person holding a licence under section 8 of the Broadcasting Act, and where no other film is involved, is exempt from section 6(1)(c) of the Films Act in relation to that public exhibition.
This provision is particularly relevant for venues that show broadcast content publicly (for example, certain commercial premises). The exemption is narrow: it requires direct receipt from the licensed broadcaster and limits the exhibition to “such a film” with no other film.
6. Exempt films and exempt video games (Section 7)
Section 7(1) provides an exemption where a person distributes or publicly exhibits, in the course of business, only:
- exempt films; or
- exempt video games; or
- both exempt films and exempt video games.
Such a person is exempt from section 6(1)(b) and (c) of the Act.
Section 7(2) defines “exempt film” and “exempt video game” by reference to two separate classification notifications: (i) Films (Classification — Exempt Films Other than Video Games) Notification 2019 (G.N. No. S 338/2019) and (ii) Films (Classification — Exempt Video Games) Notification 2019 (G.N. No. S 339/2019). This cross-referencing is crucial: the exemption depends on whether the content has been classified as “exempt” under those instruments.
7. Publicly exhibiting “G”, “PG” or “PG13” films (Section 8)
Section 8(1) provides an exemption for persons who publicly exhibit, in the course of business, only relevant films. “Relevant film” is defined in Section 8(2) as a classified film (other than a video game) assigned a classification rating of “G”, “PG” or “PG13”.
This is a classification-based exemption: it allows business exhibitors to operate without certain licensing obligations when they restrict their exhibition to lower-tier ratings. For compliance, practitioners should ensure that the films exhibited are indeed classified and fall within the specified ratings, and that no other content is shown.
8. Distribution by electronic transmission (Section 9)
Section 9 exempts a person who distributes a film by supplying, in the course of business, the contents of the film only by electronic transmission from section 6(1)(b) of the Act. This provision is significant for digital distribution models (for example, online delivery). The exemption is limited to distribution “only” by electronic transmission, so mixed models (physical + electronic) may require separate analysis.
9. Cancellation of earlier exemption notification (Section 10)
Section 10 cancels the Films (Business Activities Exemption) Notification 2008 (G.N. No. S 434/2008). This indicates that the 2019 Notification is intended to be the updated and operative exemption framework for the relevant licensing exemptions under the Films Act.
How Is This Legislation Structured?
The Notification is structured as a short instrument with a straightforward progression:
- Section 1 sets the citation and commencement date (29 April 2019).
- Section 2 provides key definitions, including what is excluded from “film” and cross-references to the Broadcasting Act.
- Sections 3–5 address exemptions for importation and distribution in specific contexts (importers, importers acting for licensed/class licensees, and cinema distribution).
- Sections 6–8 address exemptions for public exhibition, including exhibition of broadcast films, exhibition/distribution of “exempt” content, and exhibition of “G/PG/PG13” films.
- Section 9 addresses digital distribution by electronic transmission.
- Section 10 cancels the 2008 exemption notification.
Who Does This Legislation Apply To?
The Notification applies to “persons” carrying on business activities involving films and (in some provisions) video games. In practice, this includes importers, distributors, and exhibitors—particularly those operating within regulated distribution channels or those dealing only with content that meets the Notification’s classification or “exempt” criteria.
However, the exemptions are not blanket. Many are conditional on (i) the nature of the activity (importation, distribution, public exhibition), (ii) the status of the counterparty (licensee or class licensee), and (iii) the content type and classification (exempt films/video games; or “G/PG/PG13” films; or broadcast films from licensed broadcasters). Lawyers should therefore treat the Notification as a compliance map rather than a general permission.
Why Is This Legislation Important?
This Notification is important because it operationalises the Films Act’s licensing framework by specifying when licensing requirements do not apply. For businesses, the exemptions can materially affect cost, timing, and operational flexibility—especially for importers and distributors who need to move content through Singapore efficiently, and for exhibitors who show low-tier or exempt content.
From an enforcement and compliance perspective, the Notification’s repeated use of limiting language—such as “only”, “in the course of business”, and “provided that” conditions are met—means that eligibility must be documented. For example, if a venue relies on the “G/PG/PG13” exemption, it should maintain records of classification ratings and ensure that no other films are exhibited. Similarly, digital distributors should confirm that distribution is truly “only” by electronic transmission for the exemption to apply.
Finally, the cancellation of the 2008 exemption notification underscores that practitioners must check versioning and amendments. The 2021 amendment (S 422/2021) expanded or refined class licence references for importing films other than video games, which can affect whether an importer qualifies for an exemption when acting on behalf of a particular class licensee.
Related Legislation
- Films Act (Chapter 107)
- Broadcasting Act (definitions of free-to-air and subscription nationwide television services; licensing under section 8)
- Films (Class Licence for Video Games Distribution) Order 2019 (G.N. No. S 342/2019)
- Films (Class Licence for Lending by Libraries and Educational Institutions) Order 2019 (G.N. No. S 336/2019)
- Films (Class Licence for General Films Distribution) Order 2021 (G.N. No. S 420/2021)
- Films (Classification — Exempt Films Other than Video Games) Notification 2019 (G.N. No. S 338/2019)
- Films (Classification — Exempt Video Games) Notification 2019 (G.N. No. S 339/2019)
- Films (Business Activities Exemption) Notification 2008 (G.N. No. S 434/2008) — cancelled
Source Documents
This article provides an overview of the Films (Licence — Exemption) Notification 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.