Section 1
Short title
This Act is the Newspaper and Printing Presses Act 1974.
/akn/sg/act/act/1974/NPPA
Newspaper and Printing Presses Act 1974
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Part 1
PRELIMINARY
Section 2
Interpretation
Amended [4/2003]
Definition
“chief editor” includes the executive editor, the managing editor and any other person who controls the policy of a newspaper;
Definition
“company” means a company incorporated or registered under the Companies Act 1967 or under any corresponding previous written law;
Definition
“declared foreign newspaper” means any newspaper published outside Singapore which has been declared by the Minister under section 24(1) to be engaging in the domestic politics of Singapore;
Definition
“document” means any printed newspaper or sheet of paper or other material and any printed pamphlet, leaflet, map, chart and plan, and includes any documents bound together;
Definition
“journalist” includes an editor, a sub-editor, an editorial writer, a reporter and any other person whose business it is to edit or write for a newspaper;
Definition
“newspaper” means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments, in relation to such news, intelligence, reports of occurrences, or to any other matter of public interest, printed in any language and published for sale or free distribution at regular intervals or otherwise, but does not include any publication published by or for the Government;
Definition
“newspaper company” means a public company limited by shares which has complied with section 10;
Definition
“newspaper register” means the books which are to be kept by the Registrar under section 30;
Definition
“place”, in the phrases “place of business” and “place of residence”, means the street, square or other place and the number or other designation of the house;
Definition
“proprietor” includes the chief executive officer of a newspaper company;
Definition
“Registrar” means the Registrar of Newspapers and includes any Deputy or Assistant Registrar of Newspapers appointed by the Minister under section 29;
Definition
“senior officer of customs” has the meaning given by the Customs Act 1960.
Amended [4/2003]
(2)
For the purposes of this Act, expressions referring to printing must be construed as including writing, lithography, photography and other modes of representing or reproducing words or objects in a visible form.
Part 2
PRINTING PRESSES
Section 3
Licence to use printing press
(1)
The Minister may grant to any person in Singapore a licence to keep and use a press for the printing of documents and may at any time withdraw the licence either permanently or for a period.
(3)
Any person to whom a licence is refused or whose licence is withdrawn may appeal to the President whose decision is final.
(5)
For the purposes of this section, the occupier of any premises on which any printing press is found is deemed to have kept it for use until the occupier proves the contrary.
(6)
Every licence granted under subsection (1) is ordinarily for one year from the date of its issue.
(7)
The withdrawal of any licence is deemed to be sufficiently communicated to the licensee if a notice of withdrawal is personally served on the person in charge of the printing press.
Section 4
Register of printing presses
The Registrar must keep a register of printing presses, in which he or she must enter any particulars prescribed relating to —
(a)
persons licensed under section 3 and to printing presses; or(b)any document or class of documents exempted under section 44 from all or any of the provisions of this Act.
Section 5
Printed document to bear name of printer and publisher
(1)
Every document printed within Singapore must have printed legibly on its first or last printed leaf the name of its printer and publisher.
(2)
A person must not print, publish, distribute or assist in distributing any document which does not comply with the requirements of this section.
Section 6
Printer to keep copy of document and to produce it to authorised person
Every person who prints any document must, during 6 months from the date of the printing of the document —
(a)
keep one copy on which he or she must write or print the name and place of residence of the person by whom he or she is employed to print it; and(b)produce the document to any person authorised by the Minister in that behalf if required to do so.
Part 3
NEWSPAPER COMPANIES
Section 7
Application and interpretation of this Part
(1)
This Part applies to any newspaper published at intervals not exceeding one week unless the newspaper has been exempted from the provisions of this Part.
(2)
Sections 11 to 18 apply to, and in relation to, all individuals whether resident in Singapore or not and whether citizens of Singapore or not, and to all bodies corporate or unincorporate, whether incorporated or carrying on business in Singapore or not.
Definition
“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;
Definition
“share”, in relation to a newspaper company, means an ordinary share of the newspaper company;
Definition
“substantial shareholder” has the meaning given by section 81 of the Companies Act 1967;
Definition
“voting share” has the meaning given by section 4(1) of the Companies Act 1967.
Section 8
Publisher of newspaper to be newspaper company unless exempted from this Part
(1)
A newspaper to which this Part applies must not be published in Singapore except by a newspaper company unless the newspaper has been exempted from the provisions of this Part.
(2)
Any person who contravenes subsection (1) 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 3 years or to both.
(3)
For the purposes of subsection (1), a newspaper is deemed to be published outside Singapore if its contents and editorial policy are determined outside Singapore and its sales or distribution are not intended primarily for Singapore.
Section 9
Memorandum and articles to be approved
(1)
Despite the provisions of the Companies Act 1967, the memorandum or articles of association of a proposed newspaper company must not be presented for registration unless there is lodged with them the Registrar’s written approval.
(2)
The memorandum and articles of association of a newspaper company must not be altered without the Registrar’s written approval.
Section 10
Special features of newspaper company
Amended [35/2014]Amended [21/2005]
(1)
Subject to subsection (15), in every newspaper company —
(a)
all the directors must be citizens of Singapore;
(b)
there are to be 2 classes of shares, namely, management shares and ordinary shares; and(c)management shares must not be issued or transferred except to citizens of Singapore or corporations who or which have been granted the Minister’s written approval.
(2)
A newspaper company must not refuse to issue or to accept the transfer of management shares to any person who has been granted the Minister’s written approval to purchase or hold the shares except for reasons to be given in writing acceptable to the Minister.
(3)
An appeal against any decision of the Minister under subsection (2) lies to the President whose decision is final.
(4)
As soon as practicable after 1 January 1975, every newspaper company must issue a number of management shares as is equal to 1% or more of its issued and paid-up capital; and where any subsequent issue of shares is made by the newspaper company, 1% of every such issue must consist of management shares.
(5)
Management shares issued under subsection (4) must be for cash and in accordance with the terms specified in this section and —
(a)
in the case of a newspaper company the shares of which are quoted on a stock exchange in Singapore or elsewhere — at a price that is equivalent to the market price of the ordinary shares prevailing at the date of the issue;
(b)
in the case of a newspaper company the shares of which are not quoted on a stock exchange in Singapore or elsewhere — at a fair and reasonable value that the Minister may determine.
(6)
Upon the determination by the Minister under subsection (5)(b) of a fair and reasonable value to be placed upon management shares, a newspaper company is bound to issue the management shares as soon as practicable at that determined value.
(7)
A person must not continue to hold management shares of a newspaper company if the Minister’s approval given under subsection (1)(c) or (15) has been revoked, and on such revocation —
(a)
the person ceases to have any voting rights under those management shares; and(b)the newspaper company must, as soon as practicable, arrange for the person to be issued with one ordinary share in exchange for each management share held by the person.
(8)
The directors of a newspaper company must, on the requisition of the holders of at least one-quarter of its issued management shares, immediately proceed to convene an extraordinary general meeting of the company to be held as soon as practicable but in any case not later than 2 months after the company receives the requisition.
(9)
Section 176 of the Companies Act 1967 (except subsections (1) and (1A) thereof) has effect in relation to the requisition under subsection (8).
Amended [35/2014]
(10)
The holders of both the management and the ordinary shares of a newspaper company are to rank pari passu in respect of all dividends declared by the company and in respect of all bonus and rights issues made by the company as well as in the right to return of capital and to participation in all surplus assets of the company in liquidation.
(11)
A holder of management shares is entitled either on a poll or by a show of hands to 200 votes for each management share held by the holder on any resolution relating to the appointment or dismissal of a director or any member of the staff of a newspaper company but has in all other respects the same voting rights as the holder of ordinary shares.
(12)
Voting on the appointment or dismissal of a director must be by means of a poll and not by a show of hands.
(13)
A holder of management shares must not deal in or in any way mortgage the shares except with the Minister’s approval.
(14)
Management shares must not —
(a)
be offered, before issue, to ordinary shareholders; or(b)be quoted or dealt in on a stock exchange in Singapore or elsewhere.
Amended [21/2005]
(15)
The Minister may in writing approve the purchase or acquisition or the holding of management shares by any person who is not a citizen of Singapore and for the appointment of any such person as a director of a newspaper company.
(16)
This section has effect despite any other written law or anything contained in the memorandum or articles of association of a newspaper company.
(17)
In this section, “surplus assets” means all the assets of a newspaper company remaining after the liabilities of the company have been discharged and after the costs of the winding up have been paid or provided for, but before any capital has been paid to the ordinary shareholders or any profits distributed to them.
Section 11
Control of substantial shareholdings in newspaper companies
Amended [21/2005]
(1)
A person must not, on or after 2 September 2002, become a substantial shareholder of a newspaper company without first obtaining the Minister’s approval.
(2)
Subject to section 13(4), a person who, immediately before 2 September 2002, is a substantial shareholder of a newspaper company must not continue to be a substantial shareholder unless the person has, within 6 months after that date or any longer period that the Minister may allow, applied to the Minister for approval to continue to be such a shareholder.
(3)
A person must not, on or after 2 September 2002, enter into any agreement or arrangement, whether oral or in writing and whether express or implied, to act together with any other person with respect to the acquisition, holding or disposal of, or the exercise of rights in relation to, their interests in voting shares of an aggregate of more than 5% of the total votes attached to all voting shares in a newspaper company without first obtaining the Minister’s approval.
Amended [21/2005]
(4)
Subject to section 13(4), any person who, at any time before 2 September 2002, has entered into an agreement or arrangement mentioned in subsection (3) must not continue to be a party to that agreement or arrangement unless the person has, within 6 months after that date or any longer period that the Minister may allow, applied to the Minister for approval to continue to be a party to that agreement or arrangement.
(5)
For the purposes of this section, a person has an interest in any share if —
(a)
the person is deemed to have an interest in that share under section 7 of the Companies Act 1967; or(b)the person otherwise has a legal or an equitable interest in that share except for such interest that is to be disregarded under section 7 of the Companies Act 1967.
Section 12
Control of shareholdings and voting power in newspaper companies
(1)
A person must not, on or after 2 September 2002, become —
(a)
a 12% controller; or(b)an indirect controller,of a newspaper company without first obtaining the Minister’s approval.
(2)
Subject to section 13(4), a person who, immediately before 2 September 2002, is —
(a)
a 12% controller; or(b)an indirect controller,of a newspaper company must not continue to be such a controller unless the person has, within 6 months after that date or any longer period that the Minister may allow, applied to the Minister for approval to continue to be such a controller.
(3)
In subsections (1)(a) and (2)(a), “12% controller” means a person who alone or together with the person’s associates —
(a)
holds at least 12% of the shares in the newspaper company; or(b)is in a position to control voting power of at least 12% in the newspaper company.
(4)
For the purposes of subsection (3) —
(a)
a person holds a share if —
(i)
the person is deemed to have an interest in that share under section 7(6) to (10) of the Companies Act 1967; or(ii)the person otherwise has a legal or an equitable interest in that share except for any interest that is to be disregarded under section 7(6) to (10) of the Companies Act 1967;
(b)
a reference to the control of a percentage of the voting power in a newspaper company is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the newspaper company; and(c)a person (A) is an associate of another person (B) if —
(i)
A is the spouse or a parent, step-parent or remoter lineal ancestor, or a son, stepson, daughter, stepdaughter or remoter issue, or a brother or sister, of B;
(ii)
A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B, or where B is a corporation, of the directors of B;
(iii)
B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A, or where A is a corporation, of the directors of A;
(iv)
A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B;
(v)
B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A;
(vi)
A is a related corporation of B;
(vii)
A is a corporation in which B, alone or together with other associates of B as described in sub‑paragraphs (ii) to (vi), is in a position to control at least 20% of the voting power in A;
(viii)
B is a corporation in which A, alone or together with other associates of A as described in sub‑paragraphs (ii) to (vi), is in a position to control at least 20% of the voting power in B; or(ix)A is a person with whom B has an agreement or arrangement, whether oral or in writing and whether express or implied, to act together with respect to the acquisition, holding or disposal of shares or other interests in, or with respect to the exercise of their voting power in relation to, the newspaper company.
(5)
In subsections (1)(b) and (2)(b), “indirect controller” means any person, whether acting alone or together with any other person and whether with or without holding shares or controlling voting power in a newspaper company —
(a)
in accordance with whose directions, instructions or wishes the directors of the newspaper company are accustomed or under an obligation, whether formal or informal, to act; or(b)who is in a position to determine the policy of the newspaper company,but does not include any person —
(c)
who is a director or other officer of the newspaper company;
(d)
who is a holder of any management share; or(e)in accordance with whose directions, instructions or wishes the directors of the newspaper company are accustomed to act by reason only that they act on advice given by the person in his or her professional capacity.
Section 13
Approval of applications
(1)
The Minister may approve an application made by any person under section 11 or 12 if the Minister is satisfied that —
(a)
the person is a fit and proper person;
(b)
having regard to the person’s likely influence, the newspaper company will or will continue to conduct its business prudently and comply with the provisions of this Act; and(c)it is in the national interest to do so.
(2)
Any approval under this section may be granted to any person subject to any conditions that the Minister may determine, including but not limited to any condition —
(a)
restricting the person’s disposal or further acquisition of shares or voting power in the newspaper company; or(b)restricting the person’s exercise of voting power in the newspaper company.
(3)
Any condition imposed under subsection (2) has effect despite any of the provisions of the Companies Act 1967 or anything contained in the memorandum or articles of association of the newspaper company.
(4)
Where the Minister does not approve an application made by any person under section 11(2) or (4) or 12(2), the person must, within the time that the Minister may specify, take any steps that are necessary —
(a)
in the case of section 11(2), to cease to be a substantial shareholder;
(b)
in the case of section 11(4), to cease to be a party to the agreement or arrangement; or(c)in the case of section 12(2), to cease to be —
(i)
a 12% controller; or(ii)an indirect controller,as the case may be.
Section 14
Power to make further transitional provisions
The Minister may, by order in the Gazette, make any further transitional provisions that the Minister considers necessary or expedient for the purposes of section 11, 12 or 13.
Section 15
Objection to existing control of newspaper company
(1)
The Minister may serve a written notice of objection on any person mentioned in section 11 or 12 if the Minister is satisfied that —
(a)
any condition of approval imposed on the person under section 13(2) has not been complied with;
(b)
the person ceases to be a fit and proper person;
(c)
having regard to the person’s likely influence, the newspaper company is no longer likely to conduct its business prudently or to comply with the provisions of this Act;
(d)
it is no longer in the national interest to allow the person to continue to be a party to the agreement or arrangement described in section 11(3) or (4), or to continue to be a substantial shareholder, a 12% controller or an indirect controller, as the case may be;
(e)
the person has provided false or misleading information or documents in connection with an application under section 11 or 12; or(f)the Minister would not have granted his or her approval under section 13 had the Minister been aware, at that time, of the circumstances relevant to the person’s application for such approval.
(2)
Before the service of a written notice of objection, the Minister must, unless he or she decides that it is not practicable or desirable to do so, cause to be given to the person concerned written notice of his or her intention to serve the written notice of objection, specifying a date by which the person may make written representations with regard to the proposed written notice of objection.
(3)
Upon receipt of the written representations of any person mentioned in subsection (2), the Minister must consider the written representations for the purpose of determining whether to issue a written notice of objection.
(4)
The Minister must, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection must —
(a)
take any steps that are necessary to ensure that the person ceases to be a party to the agreement or arrangement described in section 11(3) or (4), or ceases to be a substantial shareholder, a 12% controller or an indirect controller, as the case may be; or(b)comply with any direction or restriction that the Minister may make under section 16.
(5)
Any person served with a written notice of objection under this section must comply with the notice.
Section 16
Power to make directions
(1)
Without affecting section 17, if the Minister is satisfied that any person has contravened section 11, 12, 13(4) or 15(5) or any condition imposed under section 13(2), or if the Minister has served a written notice of objection under section 15, the Minister may, by written notice —
(a)
direct the transfer or disposal of all or any of the shares in the newspaper company held by the person or any of the person’s associates (called in this section the specified shares) within the time and subject to any conditions that the Minister considers appropriate;
(b)
restrict the transfer or disposal of the specified shares; or(c)make any other direction or restriction that the Minister considers appropriate.
(2)
Any person to whom a notice is given under subsection (1) must comply with any direction or restriction that is specified in the notice.
(3)
In the case of any direction or restriction made under subsection (1)(a) or (b), despite any of the provisions of the Companies Act 1967 or anything contained in the memorandum or articles of association of the newspaper company —
(a)
voting rights are not exercisable in respect of the specified shares unless the Minister expressly permits the rights to be exercised;
(b)
shares of the newspaper company must not be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified shares unless the Minister expressly permits the issue or offer; and(c)except in a liquidation of the newspaper company, payment must not be made by the newspaper company of any amount (whether by way of dividends or otherwise) in respect of the specified shares unless the Minister expressly authorises the payment,until a transfer or disposal is effected in accordance with the direction or until the restriction on a transfer or disposal is removed, as the case may be.
Section 17
Offences, penalties and defences
(1)
Any person who contravenes section 11, 12(1)(a) or (2)(a) or 13(4)(a), (b) or (c)(i) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.
(2)
Any person who contravenes section 12(1)(b) or (2)(b), 13(4)(c)(ii), 15(5) or 16(2) or any condition imposed under section 13(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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.
(3)
Where a person is charged with an offence in respect of a contravention of section 11 or 12, it is a defence for the person to prove that —
(a)
the person was not aware that the person had contravened section 11 or 12, as the case may be; and(b)the person has, within 14 days of becoming aware that the person had contravened section 11 or 12 (as the case may be) notified the Minister of the contravention and, within any time that may be determined by the Minister, taken such actions in relation to the person’s shareholding or control of the voting power in the newspaper company as the Minister may direct.
(4)
Where a person is charged with an offence in respect of a contravention of section 12(1), it is also a defence for the person to prove that, even though the person was aware of the contravention —
(a)
the contravention occurred as a result of an increase in the shareholding as described in section 12(4)(a) of, or in the voting power controlled by, any of the person’s associates described in section 12(4)(c)(i);
(b)
the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of shares or other interests in, or under which they act together in exercising their voting power in relation to, the newspaper company; and(c)the person has, within 14 days of the date of the contravention, notified the Minister of the contravention and, within any time that may be determined by the Minister, taken such action in relation to the person’s shareholding or control of the voting power in the newspaper company as the Minister may direct.
(5)
Except as provided in subsections (3) and (4), it is not a defence for a person charged with an offence in respect of a contravention of section 11 or 12 to prove that the person did not intend to or did not knowingly contravene section 11 or 12, as the case may be.
Section 18
Power to obtain information
(1)
The Registrar may, by written notice, direct any newspaper company to obtain from any of its shareholders and to transmit to the Registrar information —
(a)
as to whether that shareholder holds any share in the newspaper company as beneficial owner or as trustee; and(b)if the shareholder holds the share as trustee, to indicate, so far as the shareholder can, the person for whom the shareholder holds the share (either by name or by other particulars sufficient to enable that person to be identified) and the nature of that person’s interest,and the newspaper company must comply with that direction within any time that may be specified in the notice.
(2)
The Registrar may, by written notice, require any person (A) who is a shareholder of a newspaper company, or who appears from the information provided to the Registrar under subsection (1) or this subsection to have an interest in any share in a newspaper company, to inform the Registrar —
(a)
whether A holds that interest as beneficial owner or as trustee, and if A holds the interest as trustee, to indicate, so far as A can, the person (B) for whom A holds the interest (either by name or by other particulars sufficient to enable B to be identified) and the nature of B’s interest; or(b)whether any share or any voting right attached to the share is the subject of an agreement or arrangement described in section 11(3) or (4) or 12(4)(c)(ix), and if so, to give particulars of the agreement or arrangement and the parties to it,and A must comply with that notice within any time that may be specified in the notice.
(3)
Any person who —
(a)
fails to comply with a notice under this section; or(b)in purported compliance of the notice, knowingly or recklessly makes a statement which is false in a material particular,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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.
Section 19
Funds from foreign source for the purposes of a newspaper other than commercial purposes prohibited
(1)
Subject to this section, a person must not, on or after the grant or renewal of a permit under section 21, receive on behalf or for the purposes of any newspaper to which this Part applies any funds from a foreign source without the Minister’s prior approval.
(2)
The Minister may grant approval if the Minister is satisfied, on any information that the Minister may require to be provided to him or her, that the funds from a foreign source are intended for bona fide commercial purposes.
(3)
Despite subsection (1), where any funds from a foreign source are sent to a person without the person’s prior knowledge, consent or solicitation and the funds are intended for or given by the donor for the purposes of the newspaper, that person must, within 3 days of the receipt of the funds, report the circumstances and particulars of the receipt of the funds and the purposes for which the funds were received to the Minister.
(4)
Where funds from a foreign source have been received by a person for the purposes of the newspaper under subsection (3) and the Minister refuses to approve the retention of those funds, the person must, within the time that the Minister specifies —
(a)
return them to the sender of the funds; or(b)if the sender cannot be traced, the funds must be donated to any charity specified by the Minister.
Definition
“foreign source” includes —
(a)
the government of a country outside Singapore or the agent of any such government, whether resident in Singapore or otherwise;
(b)
any company, association or society incorporated or constituted under any law in force outside Singapore whether or not it has a branch office or place of business in Singapore;
(c)
any person who is not a citizen of Singapore whether or not the person is resident in Singapore;
(d)
any —
(i)
body corporate formed or incorporated in Singapore, one or more of whose members or directors are not citizens of Singapore, or in the case of a member being another company, where one or more of the members or directors of the company are not citizens of Singapore; or(ii)unincorporated association or body constituted under any law in force in Singapore, one or more of whose members or directors are not citizens of Singapore, or in the case of a member being another company, where one or more of the members or directors of the company are not citizens of Singapore,that the Minister may, by notification in the Gazette, declare to be a foreign source for the purposes of this section; or(e)any other source outside Singapore that the Minister may, by notification in the Gazette, declare to be a foreign source for the purposes of this section;
Definition
“funds” means money, securities, movable or immovable property or other valuable consideration;
Definition
“funds from a foreign source” includes funds provided by a foreign source indirectly through any agent of the foreign source.
(6)
Nothing in this section applies to any dealing by any person in the shares of a newspaper company quoted on a stock exchange in Singapore.
(7)
Any person who contravenes or fails to comply with subsection (1), (3) or (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 3 years or to both and the Court may, in addition to any other penalty that it may impose, order the forfeiture to the Government of any funds which are the subject of the charge.
(8)
Any journalist who, having received any funds from a foreign source for printing or publishing any news item or article or for adopting a particular line or bias in respect of any news item or article, fails to report in writing within 7 days to the managing director of the journalist’s newspaper company the receipt of those funds shall be guilty of an offence and shall be liable on conviction to the penalty prescribed by section 35.
(9)
Any funds received from outside Singapore by a journalist are presumed to be from a foreign source unless proved to the contrary.
Section 20
Appeal to President
Any person aggrieved by any refusal by the Minister to grant approval under any section in this Part may appeal to the President whose decision is final.
Part 4
NEWSPAPERS
Section 21
No newspaper to be published without permit
(1)
A person must not 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 grant, refuse or revoke, or grant subject to conditions to be endorsed thereon.
(2)
A permit must not be granted to the chief editor or the proprietor of any newspaper whose publication will constitute an offence under section 8.
(3)
Without limiting subsection (1), the Minister may —
(a)
direct that the newspaper must be printed in a language 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 permit unless sooner revoked is ordinarily 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.
(5)
Notice of the withdrawal of a permit to publish a newspaper must be published in the Gazette.
(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 is 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 is 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 does not apply to any offshore newspaper within the meaning of section 23.
Section 22
Permit required for sale and distribution in Singapore of newspapers printed or published in Malaysia
(1)
Any newspaper printed in Malaysia must not be published, sold, offered for sale or distributed in Singapore unless the proprietor of the newspaper or the proprietor’s 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 grant, refuse or revoke, or grant subject to conditions to be endorsed thereon.
(2)
Nothing in this section affects 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 permit has effect only in respect of the proprietor to whom it was granted and unless sooner revoked is ordinarily for one year from the date of its issue, and may be renewed for further periods of 12 months.
(4)
It is a condition of the grant of any permit under this section that any newspaper to which it refers must 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 impose as conditions of the grant of a permit that the proprietor must —
(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 the proprietor’s behalf and on behalf of the printer or the publisher; and(c)provide 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 must be published in the Gazette.
(7)
Any person dissatisfied with the Minister’s decision 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 is final.
Section 23
Permit required for sale and distribution in Singapore of offshore newspapers
(1)
A person must not 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 the proprietor’s agent authorising the sale or distribution of that newspaper in Singapore.
(2)
The Minister may grant the permit subject to conditions or may refuse to grant or revoke the permit without giving any reason.
(3)
Without limiting 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 is to 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 the proprietor’s behalf and on behalf of the publisher and to provide the Registrar with the name and address of the person so appointed; and(c)require the proprietor of the newspaper to provide to the Registrar a deposit or some other form of security of any amount that 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.
(4)
Every permit has effect only in respect of the proprietor to whom it was granted and unless sooner revoked is ordinarily 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.
(5)
Notice of the grant or revocation of a permit to sell or distribute an offshore newspaper must be published in the Gazette.
(6)
In any proceedings under this section, it is 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.
(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, relating to the politics and current affairs of any country in Southeast 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.
(8)
This section does 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 Minister’s approval under section 25.
Section 24
Declared foreign newspapers
(1)
The Minister may, by order in the Gazette, declare any newspaper published outside Singapore to be a newspaper engaging in the domestic politics of Singapore.
(2)
A person must not, without the Minister’s prior approval, sell or distribute or import for or possess for sale or distribution any declared foreign newspaper.
(3)
The Minister may grant approval under subsection (2) subject to conditions or may refuse to grant or revoke such approval without giving any reason.
(4)
The Minister may restrict the sale or distribution of each issue of any declared foreign newspaper granted approval under subsection (2) to the number of copies the Minister thinks fit, and may require the copies to be marked in the manner that the Minister may direct.
(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.
(6)
In any proceedings under this section, it is 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.
Section 25
Prohibition on reproduction of declared foreign newspapers for sale or distribution
(1)
A person must not reproduce for sale or distribution in Singapore any copy of a declared foreign newspaper without the Minister’s prior approval.
(2)
The Minister may grant approval under subsection (1) subject to conditions or may refuse to grant or revoke such approval without giving any reason.
(3)
Any person who has been granted approval by the Minister under subsection (2) to reproduce copies of a declared foreign newspaper must not make any profit as a result of the sale or distribution of copies of the declared foreign newspaper so reproduced but is permitted to recover the cost of production and services connected with the sale and distribution of those copies.
(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.
(5)
Copies of a declared foreign newspaper reproduced with the Minister’s approval under subsection (2) do not constitute an infringement of copyright.
Section 26
Examination of persons entering Singapore
(1)
Any person entering Singapore must, if the person is required to do so by the Registrar or any authorised officer —
(a)
declare whether or not the person has with the person any declared foreign newspaper; and(b)produce such declared foreign newspaper for examination.
(2)
The Registrar or any authorised officer may examine or search any person entering Singapore or any article which the person has with the person for the purpose of ascertaining whether the person has in the person’s possession any declared foreign newspaper and may seize any such newspaper which is not marked in accordance with section 24(4).
(3)
Any newspaper seized under subsection (2) may be detained for so long as the Registrar or authorised officer considers necessary.
(4)
The Registrar or authorised officer may, if any newspaper seized under subsection (2) is a declared foreign newspaper —
(a)
confiscate the newspaper; and(b)destroy it or cause it to be destroyed or permit it to be sent to a destination outside Singapore.
(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.
(6)
In this section, “authorised officer” means any person authorised by the Registrar or any police officer or officer of customs.
Section 27
Power to examine packages
Amended [34/2007]
(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 the officer 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 must deliver it to the Registrar.
Amended [34/2007]
(2)
The Registrar may destroy any declared foreign newspaper delivered under subsection (1) or may dispose of the newspaper in any manner directed by the Minister.
Section 28
Subscription of declared foreign newspapers
(1)
A person must not subscribe to any declared foreign newspaper except through a distributor who is authorised by the Minister.
(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.
Section 29
Registrar of Newspapers
(1)
The Minister may appoint a Registrar of Newspapers, and Deputy Registrars and Assistant Registrars of Newspapers, that the Minister thinks necessary for the proper administration of this Act.
(2)
The Registrar is charged with the general administration of this Act and the exercise of functions imposed on the Registrar by this Act.
(3)
The Registrar may authorise or appoint any person to assist him or her in the exercise of his or her functions and duties under this Act whether generally or in any particular case.
(4)
The Registrar and any person authorised or appointed by the Registrar under subsection (3) are deemed to be public servants for the purposes of the Penal Code 1871.
Section 30
Newspaper register
The Registrar must keep a newspaper register in books consisting of copies of the applications for permits and of the permits granted under section 21.
Section 31
Right to inspect newspaper register
(1)
Any person may search and inspect the newspaper register during normal working hours on payment of a fee of $1 for every 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 copy.
Section 32
Copy of entry in register to be evidence
(1)
Every such certified copy is to be received as conclusive evidence of the contents of the entry of which it purports to be a copy.
(2)
Every such certified copy is to, 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.
Part 5
GENERAL
Section 33
Offences
(1)
Any person who publishes, sells, offers for sale or distributes or abets the sale, offer for sale or distribution of any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act 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.
(2)
A person must not be convicted of any offence under subsection (1) if the person proves that the newspaper in respect of which the person is charged was published, sold, offered for sale or distributed (as the case may be) without the person’s authority, consent and knowledge and without any want of due care on the person’s part.
(3)
Any person who, without lawful excuse, has in the person’s possession, custody or control for the purpose of publication, sale or distribution any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction to the penalty prescribed by section 35.
(4)
It is presumed until the contrary is proved that any person found in possession, custody or control of any such newspaper had it for the purpose of the publication, sale or distribution thereof.
(5)
Where any person is convicted of any offence under this section, any newspaper to which the proceedings relate must be forfeited and must be destroyed or otherwise disposed of as the court directs.
Section 34
Power to seize and detain illegal newspapers
Amended [4/2003; 34/2007]
(1)
Any —
(a)
officer of a postal licensee not below the rank of postal superintendent;
(b)
senior officer of customs; or(c)police officer not below the rank of Inspector,may detain, open and examine any package or article which the officer suspects to contain any newspaper which is being or has been brought into Singapore for the purpose of publication, sale or distribution in contravention of any of the provisions of this Act or of any condition imposed in respect of any permit.
Amended [4/2003; 34/2007]
(2)
Any police officer or any officer of customs may seize and detain any newspaper found in the possession of any person which the police officer or the officer of customs has reasonable cause to believe has been printed, published, sold or distributed or is intended to be printed, published, sold or distributed in contravention of the provisions of this Act or of any conditions imposed in respect of any permit.
(3)
Any such newspaper which has been so printed, published, sold or distributed must, whether or not any person has been convicted of any offence in respect thereof —
(a)
be forfeited by order of a court; and(b)be destroyed or otherwise disposed of as the court directs.
(4)
A District Judge or a Magistrate may issue a warrant empowering any police officer not below the rank of sergeant to enter upon and search for any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act in any premises where any such newspaper is known or reasonably suspected to be.
(5)
Where it appears to any police officer not below the rank of Inspector that there is reasonable cause to believe that in any premises there is concealed or deposited any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act and the officer has reasonable grounds for believing that by reason of the delay which would be entailed by obtaining a search warrant the object of the search is likely to be frustrated, the officer may enter and search the premises as if the officer were empowered to do so by a warrant.
Section 35
Penalty
Except as otherwise provided in this Act, any person who fails to comply with any of the requirements of this Act shall be guilty of an offence and shall be liable on conviction before a District Court or a Magistrate’s Court to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Section 36
Jurisdiction of court
Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.
Section 37
Consent for prosecution
Amended [15/2010]
No prosecution may be instituted under this Act without the consent of the Public Prosecutor.
Section 38
Presumption
For the purpose of any proceedings under this Act, a newspaper is presumed, until the contrary is proved, to have been printed or published at the place, if any, at which it is stated in any printing thereon to have been printed or published, as the case may be.
Section 39
Persons to act for company or firm
For any of the purposes of this Act, a company may act by a director or its secretary, and a firm may act by any of its members.
Section 40
Search for unlicensed printing presses
Any person authorised by the Minister in that behalf who has reason to believe that any printing press is used or kept for use —
(a)
in any place without a licence granted under this Act; or(b)in any place not mentioned in that licence,may, with such assistance and by such force as may be necessary by night or day, enter into and search any such place and seize any printing press and all the types, documents and other articles found therein.
Section 41
Search when requirements of this Act not complied with
Any person authorised by the Minister in that behalf who has reason to believe that any of the provisions of this Act is not being complied with by a person who is in possession of a licensed printing press may, with such assistance and by such force as may be necessary by night or day, enter into and search any place where the person believes the printing press to be kept and may seize any documents which do not comply with the provisions of this Act.
Section 42
Composition of offences
(1)
The Minister or any officer authorised by the Minister may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence —
(a)
a sum of money not exceeding $1,000 in the case of an offence punishable on conviction with a fine not exceeding $5,000 (whether with or without imprisonment); or(b)a sum of money not exceeding $5,000 in the case of an offence punishable on conviction with a fine exceeding $5,000 (whether with or without imprisonment).
(2)
On payment of the sum of money, no further proceedings may be taken against the person in respect of the offence.
(3)
The Minister may make rules to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section.
Section 43
Payment of fees, etc.
Amended [22/2016]Amended [22/2016]
(1)
Subject to subsection (2), all fees and other moneys collected under this Act must be paid to the Info-communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016.
Amended [22/2016]
(2)
All sums collected under section 42 for the composition of an offence under this Act must be paid into the Consolidated Fund.
Amended [22/2016]
Section 44
Exemption
(1)
The Minister may, subject to any conditions that he or she may impose, by order in the Gazette —
(a)
exempt any class or description of shares or interests in shares from section 11 or 12 or both; or(b)exempt —
(i)
any person or class of persons;
(ii)
any document or class of documents; or(iii)any class or description of printing presses,from all or any of the provisions of this Act.
(2)
Nothing in this Act extends to the impression of any engraving or to the printing of any visiting or business card, bill‑head or letter heading.
Section 45
Rules
The Minister may make rules —
(a)
for fixing the fees to be charged for permits and licences;
(b)
for prescribing the forms for permits and licences to be used under this Act; and(c)generally for carrying into effect the provisions of this Act.