PART IV
NEWSPAPERS
No newspaper to be published without permit
21.
—(1)
No
person shall print or publish or assist in the printing or publishing
of any newspaper in Singapore unless the chief editor or the proprietor
of the newspaper has previously obtained a permit granted by the
Minister authorising the publication thereof, which permit the Minister
may in his discretion grant, refuse or revoke, or grant subject
to conditions to be endorsed thereon.
[19/90]
(2)
No permit shall be granted to the
chief editor or the proprietor of any newspaper whose publication
will constitute an offence under section 8.
[19/90]
(3)
Without prejudice to the generality
of subsection (1), the Minister may —(a)
direct that the newspaper shall be
printed in such language as may be specified in the permit; and
(b)
before granting the permit require
the applicant to execute a bond with or without sureties to secure
the payment of any penalties which may be imposed upon the newspaper
company, proprietor or editor of the newspaper under this Act or
under any other written law.
(4)
Every such permit unless sooner revoked
shall ordinarily be for one year from the date of its issue, and
may be renewed for further periods not exceeding 12 months in respect
of each renewal.
[19/90]
(5)
Notice of the withdrawal of a permit
to publish a newspaper shall be published in the Gazette.
[6/77]
(6)
The Minister may make rules prescribing
the particulars to be supplied by an applicant for a permit under
this section.
(7)
A permit under this section shall
be in addition to any licence granted under section 3 in respect
of the printing press at which any newspaper is to be printed.
(8)
Any person dissatisfied with any decision
of the Minister or with any condition imposed by the Minister under
this section may appeal to the President whose decision shall be
final.
(9)
Any person who contravenes this section
or fails to comply with any condition attached to the grant of a
permit under this section shall be guilty of an offence and shall
be liable on conviction to the penalty prescribed by section 35.
(10)
This section shall not apply to any
offshore newspaper within the meaning of section 23.
[14
[19/90]
Permit required for sale and distribution in Singapore
of newspapers printed or published in Malaysia
22.
—(1)
No
newspaper printed in Malaysia shall be published, sold, offered
for sale or distributed in Singapore unless the proprietor of the
newspaper or his agent has previously obtained and there is in force
a permit granted by the Minister authorising the publication, sale
or distribution of the newspaper in Singapore, which permit the
Minister may in his discretion grant, refuse or revoke, or grant
subject to conditions to be endorsed thereon.
[19/90]
(2)
Nothing in this section shall affect
the publication, sale, offer for sale or distribution of any newspaper
in respect of which a permit has been granted under section 21.
(3)
Every such permit shall have effect
only in respect of the proprietor to whom it was granted and shall
unless sooner revoked ordinarily be for one year from the date of
its issue, and may be renewed for further periods of 12 months.
(4)
It shall be a condition of the grant
of any permit under this section that any newspaper to which it
refers shall have printed legibly in the English or Malay language
on its first or last printed leaf —(a)
the name and address of its printer
and its publisher;
(b)
the place or places where it is printed
and published; and
(c)
an address within Singapore for the
service of legal process upon the printer and the publisher or of
a person or persons authorised by the printer and the publisher
to accept service on their behalf.
(5)
The Minister may in his discretion
impose as conditions of the grant of a permit that the proprietor
shall —(a)
establish and maintain a place of
business within Singapore;
(b)
appoint persons within Singapore
authorised to accept service of any notice or legal process on his
behalf and on behalf of the printer or the publisher; and
(c)
furnish the Registrar with the names
and addresses of the persons so appointed.
(6)
Notice of the grant, refusal or revocation
of a permit to sell and distribute a newspaper shall be published
in the Gazette.
(7)
Any person dissatisfied with the decision
of the Minister as to the grant, refusal or revocation of a permit
or with any condition imposed by the Minister as a condition of
the grant of a permit under this section may appeal to the President
whose decision shall be final.
[15
Permit required for sale and distribution in Singapore
of offshore newspapers
23.
—(1)
No
person shall sell or distribute, or import for or possess for sale
or distribution any offshore newspaper in Singapore unless there
is in force a permit granted by the Minister to the proprietor of
the newspaper or his agent authorising the sale or distribution
of that newspaper in Singapore.
[19/90]
(2)
The Minister may grant the permit
subject to such conditions as he may impose or may refuse to grant
or revoke the permit without assigning any reason.
[19/90]
(3)
Without prejudice to the generality
of subsection (2), the Minister may in imposing conditions under
that subsection —(a)
specify that the maximum number of
copies for each issue of the newspaper which may be sold or distributed
in Singapore shall be determined from time to time by the Minister;
(b)
require the proprietor of the newspaper
to appoint a person within Singapore authorised to accept service
of any notice or legal process on his behalf and on behalf of the
publisher and to furnish the Registrar with the name and address
of the person so appointed; and
(c)
require the proprietor of the newspaper
to furnish to the Registrar a deposit or some other form of security
of such amount as the Minister may determine for the purpose of
meeting any liability or costs arising out of any legal proceedings
in connection with the publication of the newspaper.
[19/90]
(4)
Every such permit shall have effect
only in respect of the proprietor to whom it was granted and shall
unless sooner revoked ordinarily be for one year from the date of
its issue, and may be renewed for further periods not exceeding
12 months in respect of each renewal.
[19/90]
(5)
Notice of the grant or revocation
of a permit to sell or distribute an offshore newspaper shall be
published in the Gazette.
[19/90;S92/97]
(6)
In any proceedings under this section,
it shall be presumed, until the contrary is proved, that any person
found in possession of more than 5 copies of the same issue of an
offshore newspaper had possession of them for sale or distribution.
[19/90]
(7)
In this section —(a)
“offshore newspaper” means
a newspaper published outside Singapore at intervals not exceeding
one week which contains news, intelligence, reports of occurrences,
or any remarks, observations or comments, pertaining to the politics
and current affairs of any country in South-East Asia, except where
the circulation of every issue of the newspaper in Singapore is
less than 300 copies;
(b)
for the purposes of paragraph (a), a newspaper is published outside Singapore
if, and only if, its contents and editorial policy are determined
outside Singapore.
[19/90]
(8)
This section shall not apply to any
newspaper in respect of which there is in force a permit granted
under section 22 or to any copy of a newspaper reproduced with the
approval of the Minister under section 25.
[16
[19/90]
Declared foreign newspapers
24.
—(1)
The
Minister may, by order published in the Gazette,
declare any newspaper published outside Singapore to be a newspaper
engaging in the domestic politics of Singapore.
[22/86]
(2)
No person shall, without the prior
approval of the Minister, sell or distribute or import for or possess
for sale or distribution any declared foreign newspaper.
[22/86]
(3)
The Minister may grant his approval
under subsection (2) subject to such conditions as he may impose
or may refuse to grant or revoke such approval without assigning
any reason.
[22/86]
(4)
The Minister may restrict the sale
or distribution of each issue of any declared foreign newspaper
granted approval under subsection (2) to such number of copies as
he thinks fit, and may require such copies to be marked in such
manner as he may direct.
[22/86]
(5)
Any person who contravenes subsection
(2) or fails to comply with any of the conditions imposed under
subsection (3) or who sells or distributes any copy of a declared
foreign newspaper which is not marked in accordance with subsection
(4) shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding $50,000 or to imprisonment for
a term not exceeding 2 years or to both.
[22/86;20/2002]
(6)
In any proceedings under this section,
it shall be presumed, until the contrary is proved, that any person
found in possession of more than 5 copies of the same issue of a
declared foreign newspaper had possession of them for sale or distribution.
[17
[22/86]
Prohibition on reproduction of declared foreign newspapers
for sale or distribution
25.
—(1)
No
person shall reproduce for sale or distribution in Singapore any
copy of a declared foreign newspaper without the prior approval
of the Minister.
[4/88]
(2)
The Minister may grant his approval
under subsection (1) subject to such conditions as he may impose
or may refuse to grant or revoke such approval without assigning
any reason.
[4/88]
(3)
Any person who has been granted approval
by the Minister under subsection (2) to reproduce copies of a declared
foreign newspaper shall not make any profit as a result of the sale
or distribution of copies of the declared foreign newspaper so reproduced
but shall be permitted to recover the cost of production and services
connected with the sale and distribution of such copies.
[4/88]
(4)
Any person who contravenes subsection
(1) or (3), or fails to comply with any of the conditions imposed
under subsection (2), shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $50,000 or
to imprisonment for a term not exceeding 2 years or to both.
[4/88;20/2002]
(5)
Copies of a declared foreign newspaper
reproduced with the approval of the Minister under subsection (2)
shall not constitute an infringement of copyright.
[18
[4/88]
Examination of persons entering Singapore
26.
—(1)
Any
person entering Singapore shall, if he is required to do so by the
Registrar or any authorised officer —(a)
declare whether or not he has with
him any declared foreign newspaper; and
(b)
produce such declared foreign newspaper
for examination.
[22/86]
(2)
The Registrar or any authorised officer
may examine or search any person entering Singapore or any article
which the person has with him for the purpose of ascertaining whether
he has in his possession any declared foreign newspaper and may seize
any such newspaper which is not marked in accordance with section
24 (4).
[22/86]
(3)
Any newspaper seized under subsection
(2) may be detained for so long as the Registrar or authorised officer
considers necessary.
[22/86]
(4)
The Registrar or authorised officer
may, if any newspaper seized under subsection (2) is a declared
foreign newspaper —(a)
confiscate such newspaper; and
(b)
in his discretion, destroy it or
cause it to be destroyed or permit it to be sent to a destination
outside Singapore.
[22/86]
(5)
Any person who fails to comply with
any requirement made by the Registrar or authorised officer under
subsection (1) shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $5,000 or to imprisonment
for a term not exceeding 6 months or to both.
[22/86;20/2002]
(6)
In this section, “authorised
officer” means any person authorised by the Registrar or
any police officer or officer of customs.
[19
[22/86]
Power to examine packages
27.
—(1)
Any —(a)
officer
of a
postal licensee not below the rank of postal superintendent;
(b)
officer of customs;
(c)
police officer; and
(d)
other officer authorised in that
behalf by the Minister,
may detain, open and examine any package
or article which he suspects to contain any declared foreign newspaper
and if such newspaper, which is not marked in accordance with section
24 (4), is found in the package or article, the whole package or
article may be impounded and retained by the officer who shall deliver
it to the Registrar.
[22/86;12/92]
(2)
The Registrar may destroy any declared
foreign newspaper delivered to him under subsection (1) or may dispose
of such newspaper in such manner as may be directed by the Minister.
[20
[22/86]
Subscription of declared foreign newspapers
28.
—(1)
No
person shall subscribe to any declared foreign newspaper except through
a distributor who is authorised by the Minister.
[22/86]
(2)
Any person who contravenes subsection
(1) shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 6 months or to both.
[21
[22/86;20/2002]
Registrar of Newspapers
29.
—(1)
The
Minister may appoint a Registrar of Newspapers and such Deputy Registrars
and Assistant Registrars of Newspapers as he thinks necessary for
the proper administration of this Act.
(2)
The Registrar shall be charged with
the general administration of this Act and the exercise of functions
imposed upon him by this Act.
(3)
The Registrar may authorise or appoint
any person to assist him in the exercise of his functions and duties
under this Act whether generally or in any particular case.
(4)
The Registrar and any person authorised
or appointed by him under subsection (3) shall be deemed to be public
servants for the purposes of the Penal Code (Cap. 224).
[22
Newspaper register
30.
The
Registrar shall keep a newspaper register in books consisting of
copies of the applications for permits and of the permits granted
under section 21.
[23
[6/77]
Right to inspect newspaper register
31.
—(1)
Any
person may search and inspect the newspaper register during normal working
hours on payment of a fee of $1 for every such search and
inspection.
(2)
Any person may obtain a copy of any
entry in the newspaper register certified by the Registrar on payment
of a fee of $2 for every such copy.
[24
Copy of entry in register to be evidence
32.
—(1)
Every
such certified copy shall be received as conclusive evidence of
the contents of the entry of which it purports to be a copy.
(2)
Every such certified copy shall in
all proceedings, whether civil or criminal, be accepted as sufficient
evidence of all the matters and things thereby appearing, until the
contrary is proved.
[25