Statute Details
- Title: Media Development Authority of Singapore Act — Code of Practice for Market Conduct
- Act / Instrument: Code of Practice issued under the Media Development Authority of Singapore Act
- Act Code: IMDAA2016-S148-2010
- Type: Statutory legislation (SL) / subsidiary legislation (code of practice)
- Current status: Current version as at 27 Mar 2026
- Authorising provision (as stated in enacting formula): Section 17(1) of the Media Development Authority of Singapore Act
- Enacting instrument reference: No. S 148 (SL 148/2010)
- Key commencement / effective date: Not specified in the extract provided (see “Effective Date of this Code” in the document)
- Parts: Part 1 (Introduction); Part 2 (Public Interest Obligations); Part 3 (Regulated Persons’ Duties to End-Consumers); Part 4 (Unfair Methods of Competition); Part 5 (Dominance); Part 6 (Special Obligations of Dominant Persons); Part 7 (Agreements restricting/distorting competition); Part 8 (Consolidations); Part 9 (Access to Essential Resources); Part 10 (Dispute Resolution and Enforcement); Part 11 (Revocation, Savings and Transitional)
- Appendices: Cross-carriage matters; restrictions on advertisements promoting certain media services; consolidation filing procedure and information requirements; default pricing principles for dispute resolution
- Notable internal headings (from extract): Anti-siphoning / anti-hoarding; cross-carriage; minimum quality of service; billing and termination; subscriber information protection; unfair competition prohibitions; dominance concept and duties; access to essential resources; dispute resolution and enforcement
What Is This Legislation About?
The “Media Development Authority of Singapore Act — Code of Practice for Market Conduct” is a regulatory code issued by the Media Development Authority of Singapore (MDA) to govern how “regulated persons” behave in the provision of media services. In plain language, it sets out rules that aim to balance (i) public interest outcomes (such as ensuring access to major national events and preventing exclusive rights from being used to block competition), (ii) fair treatment of end-consumers (such as billing transparency and minimum service quality), and (iii) competitive market conduct (such as prohibitions on unfair competition, abuse of dominance, and certain restrictive agreements).
Although it is a “code of practice” rather than a standalone competition statute, it operates as a practical compliance framework. It translates broad regulatory objectives into detailed obligations and procedural requirements. For practitioners, the code is particularly important because it contains both substantive conduct rules (what regulated persons must or must not do) and process rules (how disputes are handled, how access pricing may be determined, and how certain designations and approvals occur).
The code also reflects a structured approach to market regulation: it begins with general principles and definitions, then moves to public interest obligations, then consumer-facing duties, and finally competition-related concepts (unfair methods, dominance, and restrictive agreements). It further addresses mergers/consolidations and access to essential resources—areas where competition law-style analysis often becomes central.
What Are the Key Provisions?
1) Public interest obligations (Part 2). Part 2 is the code’s “public interest” core. It includes obligations to broadcast events of national significance, to make specified materials reasonably available, and restrictions designed to prevent exclusive rights from being obtained or used in ways that undermine public access. The code also contains an explicit framework for “cross-carriage” of content—requiring certain licensees to supply qualified content to other qualified licensees and requiring the receiving licensees to carry that content.
Two particularly practitioner-relevant mechanisms are the anti-siphoning and anti-hoarding restrictions. Anti-siphoning limits subscription television licensees from obtaining exclusive broadcast rights for certain designated programmes (including restrictions relating to delayed broadcast packages). Anti-hoarding addresses situations where a free-to-air licensee holds exclusive rights but does not broadcast them for public consumption; the code contemplates duties to offer unused rights to other holders at cost and requires good faith negotiation. These provisions are designed to prevent rights-holding from becoming a tool to deprive the public or competing platforms of access.
2) Duties to end-consumers (Part 3). Part 3 focuses on conduct toward subscribers and end-users. It includes a duty to comply with minimum quality of service standards, and detailed requirements for billing practices. For example, regulated persons must provide accurate, timely and clear statements of charges, and must not impose charges for unsolicited services or equipment. The code also sets out procedures for subscribers to contest charges and includes termination procedures.
Part 3 further prohibits excessive early termination liabilities, reflecting consumer protection concerns. It also imposes obligations to protect subscriber service information, including restrictions on use and requirements for subscriber authorisation. For lawyers advising telecom/media service providers, these provisions create compliance checklists for billing systems, customer communications, termination terms, and data handling policies.
3) Unfair methods of competition (Part 4). Part 4 prohibits unfair methods of competition. The code includes a general prohibition and then specifies particular practices. These include using media services to disseminate false or misleading claims, degrading service availability or quality, providing false or misleading information, and interfering with relationships involving consumers, advertisers, or ancillary media service providers.
The code also addresses pricing and competitive strategies. It contains a prohibition on predatory pricing, with standards and presumptions that help determine when pricing conduct crosses the line. It also prohibits anti-competitive leveraging—for example, using power in one market or service to gain an unfair advantage in another. Where regulated persons are affiliated with ancillary media service providers, Part 4 includes special provisions, and it contemplates the imposition of structural separation or non-structural safeguards to mitigate conflicts of interest or anti-competitive effects.
4) Dominance and special obligations (Parts 5 and 6). Parts 5 and 6 import a dominance-based framework. Part 5 defines and applies the concept of a dominant position and provides for classification and reclassification of regulated persons. It also allows for exemptions from dominance obligations, including exemptions applicable to specific markets and exemptions from specific obligations, subject to procedures for exemption requests and MDA review.
Part 6 then sets out the special obligations of dominant persons and prohibits abuse of dominance. Key duties include providing media services on reasonable request, providing fair access to programme lists, and providing access to advertising capacity. The code also prohibits abuse through specific practices such as discrimination, price squeezing, mandatory bundling, and imposition of abusive or over-reaching contract terms. Practically, this means that once a firm is classified as dominant (or otherwise subject to dominance obligations), its contracting, pricing, bundling, and access policies must be reviewed through a dominance lens, not merely through general commercial reasonableness.
How Is This Legislation Structured?
The code is organised into 11 Parts plus multiple appendices. Part 1 provides the framework: goals, legal basis, legal effect, who is subject, definitions, and regulatory principles (including proportionality, open and reasoned decision-making, non-discrimination, consultation with other regulators, avoidance of unnecessary delay, and technological neutrality). It also includes provisions on modifications or elimination of unnecessary provisions and reservations of authority, such as the right to grant exemptions, amend the code, or waive provisions where necessary in the public interest.
Part 2 covers public interest obligations (including broadcasting national events, specified materials, anti-siphoning/anti-hoarding, and cross-carriage). Part 3 sets consumer-facing duties (quality of service, billing, termination, subscriber information protection). Part 4 addresses unfair methods of competition. Parts 5 and 6 develop the dominance concept and impose special obligations and an abuse prohibition. Part 7 addresses agreements that restrict or distort competition. Part 8 deals with consolidations (mergers/transactions) and Part 9 imposes a duty to provide access to essential resources. Part 10 provides dispute resolution and enforcement procedures, and Part 11 contains revocation, savings, and transitional provisions. The appendices then supply operational detail, including cross-carriage matters, advertisement restrictions, consolidation filing requirements, and default pricing principles for disputes.
Who Does This Legislation Apply To?
The code applies to “regulated persons”—a term defined within the code (and linked to the licensing and regulatory regime under the Media Development Authority of Singapore Act). In practice, this typically includes media service providers and licensees such as free-to-air television and radio licensees, subscription television licensees, and other entities designated or required to comply with specific public interest and competition-related obligations.
It also applies differently depending on the firm’s role and market position. For example, dominance-related obligations in Parts 5 and 6 apply to dominant persons (as classified or reclassified under the code). Public interest obligations apply to specified categories of licensees and designated operators (including designated archive operators). Consumer duties apply to regulated persons that provide services to end-consumers, particularly where billing, termination, and subscriber information are relevant.
Why Is This Legislation Important?
This code is important because it operationalises Singapore’s approach to media market conduct: it is not limited to competition law concepts. Instead, it combines public interest regulation (ensuring access to major events and preventing rights hoarding), consumer protection (billing transparency, termination fairness, service quality), and competition safeguards (unfair competition prohibitions, dominance duties, and restrictive agreement controls).
For practitioners, the code’s value lies in its compliance specificity. It provides concrete obligations and procedural mechanisms—especially around cross-carriage, anti-siphoning/anti-hoarding, and access pricing principles. Where disputes arise, the code’s dispute resolution and enforcement framework (Part 10) and its default pricing principles (Appendix 4) can materially affect negotiation strategy and litigation posture.
From an enforcement perspective, the code’s structure signals that MDA can intervene based on both conduct and market outcomes. The inclusion of provisions on structural separation and non-structural safeguards indicates that regulators may require governance and organisational changes, not only behavioural commitments. Similarly, dominance classification and reclassification provisions mean that a firm’s compliance obligations may evolve over time, requiring periodic legal review of market position, contracting practices, and access policies.
Related Legislation
- Broadcasting Act
- Enforcement Act
- Printing Presses Act
- Singapore Act
- Media Development Authority of Singapore Act (authorising statute for the code)
- Timeline / legislative history instruments (including SL 148/2010 and subsequent amendments referenced in the extract)
Source Documents
This article provides an overview of the Media Development Authority of Singapore Act — Code of Practice for Market Conduct for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.