IMDA releases long-awaited proposed changes to the Films Act
Dec08

IMDA releases long-awaited proposed changes to the Films Act

  On 4 December 2017, the Info-communications Media Development Authority of Singapore (“IMDA”) released its long-awaited public consultation paper on the proposed changes to the Films Act (Cap. 107). Minister for Communications and Information, Yaacob Ibrahim, first indicated in January of this year that the government was looking to amend both the Films Act and Broadcasting Act to take into account changes in technology. One broad theme that emerges from the proposed amendments is the fact that the IMDA is focussing its regulatory efforts on the distribution and public exhibition of films. While changes are also proposed to include digital streaming technology under the regime, the emphasis on “public exhibition” indicates that IMDA is, for the purposes of the current consultation at least, taking a lighter-touch approach to regulating consumer-focussed over-the-top video streaming services. There are several proposed amendments, but this post sets out the four key proposals you should be aware of. Four key proposed changes Formalisation of co-classification scheme. Following successful trials in 2011 and 2015, IMDA now proposes to formalise its industry co-classification scheme. This scheme allows employees of industry players to register and be trained as film content assessors. These industry players will then be allowed to independently co-classify films up to the PG-13 rating through their film content assessors. Safeguards will be put in place to ensure the system is not abused, such as IMDA’s right to conduct sample audits of films that have been co-classified and penalties for misclassification. Introduction of video games class licence. Currently, video games are often submitted for classification by wholesale distributors. For video games classified as M18, point-of-sale requirements are attached to the classification certificate issued by IMDA (e.g. ensuring the games are not sold to under-aged consumers). The downstream retailers that sell the video games to consumers are often not made aware of these requirements, defeating their purpose. IMDA proposes introducing an automatic class licence scheme for retailers that sell video games on physical media (e.g. on DVDs) to make them directly responsible for complying with the point-of-sale requirements. The licence will be automatic with no registration required, and will not involve the payment of any licence fees. Clarification that the films licence is only intended to apply to the distribution and public exhibition of films. IMDA has clarified that its films licensing scheme is only targeted at the distribution and public exhibition of films and is proposing amendments to reflect this. Amendments will also be made to ensure that films publicly exhibited by means of streaming or other digital transmission are also included under this scheme. In determining what is a “public exhibition” requiring a licence,...

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The battle for World Cup TV rights isn’t over yet
Jan30

The battle for World Cup TV rights isn’t over yet

In case it escaped your attention, the FIFA World Cup is a mere five months away. As Ronaldo, Messi and the rest gear up for the world’s single most-viewed sporting event, the battle for broadcasting rights in South-East Asia isn’t over yet. Indeed, the international coaches are not the only ones who are fine-tuning their World Cup tactics: there is plenty for broadcasters in Singapore and Thailand to play for too. Singapore: negotiations heading for extra time? FIFA’s list of media rights licensees around the world reveals a notable omission: Singapore. Broadcasters in more than 200 territories worldwide have closed broadcasting rights deals with FIFA but Singapore is not on the list. The reason is that the country’s two biggest telcos, StarHub and SingTel, have been engaged in negotiations with FIFA over the rights for a couple of years and there is no sign yet that a deal is going to be signed soon. This isn’t the first time this has happened in Singapore. The 2010 broadcasting rights deal was closed just 35 days before the first ball was kicked. There are broadly two issues that would seem to explain the late-running of the negotiations in 2014: Cost: This is the obvious one. FIFA reportedly secured only about 50% of its asking price for the rights in 2010 and may perhaps be seeking more in 2014. The negotiation on price will not be helped by timezones: the matches will be on in the middle of the night. No problem for the hardened football fans but it will undoubtedly hit viewing figures and, by association, the level of interest amongst broadcast sponsors. The cross-carriage rules: The fact that an exclusive licensee is required to make exclusive content available to its rivals across other platforms. This issue came to the fore in 2013 when SingTel was required to allow StarHub to cross-carry the FA Premier League content, after it was determined that SingTel had done an exclusive rights deal for the content (which it disputes). Thailand: free-to-air rights now in question In Thailand, a debate is unfolding as to whether the matches should be available on free-to-air TV. Back in 2012, Thailand’s “must have” rules came into effect. These would require all 64 matches from the 2014 World Cup to be aired on a free-to-air basis. But that is not the end of the story. RS International Broadcasting & Sports Management Co. Ltd, listed by FIFA as the holder of radio, TV and internet rights, argues that  the whistle had already gone on its rights deal with FIFA when the “must-have” rules came into effect. RS closed its broadcast deal back in 2005, well before...

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Content meets the cloud: What is the legality of cloud TV recorders?
Nov20

Content meets the cloud: What is the legality of cloud TV recorders?

The battle lines are clearly drawn. On the one hand are the service providers, who argue that cloud video recorders (or “cloud PVRs”) are in effect no different to in-home, hard drive-based set-top boxes, in that they simply enable the time-shifting and/or place-shifting by users of broadcast TV. On the other hand are the content owners, whose position has been that cloud PVR services operating without appropriate content licences amount to an infringement of their copyright. drawn. Broadcasters in the US recently petitioned the Supreme Court to block the Aereo service, whilst broadcasters in the UK were successful in getting an injunction in relation to the TV Catchup service. This Olswang report rounds up the case law from around the world to try to establish the state of play in the market, picking up on common issues emerging across jurisdictions and considering how these issues will shape the industry as content meets the cloud. Take a look at the “cloud PVR world map”, read the report on the Olswang...

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