1 The Ministry of Information, Communications and the Arts (MICA) agrees with the Censorship Review Committee (CRC) on the fundamental principles that should guide content regulation. MICA accepts most of the recommendations made by the CRC. These are timely recommendations which would help our content regulation policies and standards keep pace with the evolving media landscape and societal changes.
Fundamental Principles Underpinning Content Regulation
2 Three fundamental principles underpin the approach we take in regulating content. Firstly, our content regulation system is guided by societal norms and values and the importance of maintaining racial and religious harmony. In this respect, our broad-based citizen advisory committees have provided valuable advice to MDA on content issues across all media. Secondly, the intent of regulation is to make more choices available to meet the diverse interests of our people, as we continue to uphold societal values and to safeguard and protect our young. This requires us to maintain a judicious balance. Thirdly, the balance in content regulation has shifted away from censorship towards classification and co-regulation over the years. Indeed, our overall approach has been towards a calibrated liberalisation of the content regulation regime.
Values
4 Content regulation serves the larger public interest of protecting societal values. Our content regulation approach has worked well over the years. To keep pace with evolving societal norms and values, the Media Development Authority (MDA) takes guidance from eight advisory committees and two appeal committees. Comprising 253 people representing a broad cross section of society, members of these committees provide invaluable advice to MDA on content issues. Content guidelines are developed and reviewed regularly through a collective process of active consultation involving these committees, the public and the industry. Regular surveys are also done to assess societal changes in order for content standards and guidelines to keep pace with such changes.
5 This has enabled the Government to develop a classification structure that the CRC has acknowledged is sound. This is reflected in the CRC 2010 Survey, where the majority (68%) agree that the current film classifications are just right. Independent surveys commissioned by the MDA have also shown that over 70% are satisfied with the content standards for broadcast and films.
Choices
6 Today, a comprehensive system of film classifications and ratings, time-belting of broadcast programmes, shrink-wrapping of adult-interest magazines, and consumer advisories allow MDA to provide consumers diverse choices while guiding and enabling consumers to make choices for themselves and for their children.
7 More choices are also provided through a contextual and flexible approach that MDA takes in regulating content. Censorship is applied rarely and only to more sensitive or offensive content. For example, more explicit scenes of nudity are allowed if they are relevant to the theme and storyline of the film. Only a very small number of films and arts events have been disallowed over the last three years. Out of 2,351 films classified during the period, only nine films (0.4%) were disallowed. Only one out of 2,724 arts events during the same period was disallowed (see details in Appendix I). Thus, a wide variety of diverse choices has been made available to consumers.
Protection
8 Protecting our young and upholding our societal values require a multi-pronged approach. This includes an effective and responsive regulatory framework, backed by an effective enforcement and penalty system; public education and awareness; and parental and industry empowerment and control.
9 Protection is a shared responsibility that requires the involvement of MDA, the community and the industry. While we will continue to do what we can to uphold societal values, we recognise that our efforts can be circumvented, by technology and other means. That is why public education and parental involvement are critical.
10 Parents must take responsibility for protecting and guiding their children, and we will provide parents with tools to enable them to exercise control over their children’s media consumption. The industry – be it film makers, arts groups, broadcasters, publishers or Internet Service Providers (ISPs) and content providers – must also be prepared to exercise greater responsibility and sensitivity as we increasingly move towards co-regulation.
Regular CRC Reviews Help To Develop Robust And Responsive Regulatory System
11 While our regulatory system has worked well, we cannot remain static, especially with the Internet and convergent technologies making a big impact on the way content is distributed and consumed. We have continuously reviewed and fine-tuned our regulatory framework, through active public and industry engagement. The first CRC was set up in 1981 for this purpose.
12 We have gone through three earlier CRC reviews. Each review has helped us to progressively develop a more robust and responsive regulatory framework that has benefitted both consumers and the industry. One major outcome is the film classification system, which marks a significant shift from censorship to classification. We have also introduced industry co-regulation for the publications and broadcast industries.
13 This latest CRC review is the fourth review, and it represents a timely response to the technological and societal changes that have taken place.
Majority of Recommendations Accepted
14 MICA accepts over 80% of the recommendations made by the CRC. All these changes will benefit consumers and the industry.
15 The more significant changes include: (i) Introducing a PG13 rating; (ii) Taking a calibrated approach on Restricted 21 (R21) content by allowing it on video-on-demand (VOD) on pay TV only; (iii) Allowing the video industry to self-classify video titles which fall within the General (G), Parental Guidance (PG) and PG13 ratings; (iv) Introducing a term licence scheme for arts entertainment; and (v) Giving the arts appeal committee the power to make final decisions on arts appeals.
16 MICA and MDA will work out the implementation details for the accepted recommendations. MDA will target to implement the majority of the changes by the end of next year, and in some areas, it will need to further consult the industry, the advisory committees and the public. (Details of the 2010 CRC Report and the Government’s response will be made available on the CRC’s website at www.crc2009.sg and MICA’s website at www.mica.gov.sg.)
17 The following paragraphs set out the Government’s response to key recommendations made by the CRC. The full list of 80 recommendations and responses are included at Annex A.
100-Website Ban And Internet Filter
18 MICA will retain the symbolic ban on 100 websites as it reflects our community’s stand on objectionable content on the Internet and makes a differentiation between what is acceptable and what is not within our community. The CRC survey indicates that 67% are supportive of the Government retaining or expanding the ban, with 38% of them wanting to include more sites under the ban.
19 At the same time, we will direct the ISPs to offer optional Internet filters to subscribers. MDA will also expect the ISPs to market the service actively to consumers at point-of-sale and renewal. Consumers will have the final say on whether they want to subscribe to the filters. Although the CRC survey shows that 71% of Internet users who are parents with young children (aged 0-14) are not subscribers of Internet filters, it is not due to lack of awareness or the cost of the service. The main reasons for not subscribing to Internet filters are that they are already teaching their children the skills to navigate the Internet (28%) and are already monitoring their children’s Internet usage (25%). Furthermore, 21% say that their children have no or limited access to the Internet and 4% use other filtering software.
20 However, it should be noted that filters are not foolproof; hence, the need for continued public education and promotion of cyber wellness among parents and users.
Public Education
21 MICA agrees with the CRC’s position that public education and parental empowerment are cornerstones of a holistic approach to the protection of minors. This is in fact a part of the Government’s three-pronged approach towards Internet regulation, the other two being industry co-regulation and regulatory measures.
22 The CRC has recommended the setting up of a single body to oversee and coordinate all media literacy and cyber wellness programmes across ministries. This is already being done by the Inter-Ministry Cyber Wellness Steering Committee (ICSC), co-chaired by MICA and the Ministry of Education (MOE). The ICSC works closely with MDA’s Internet and Media Advisory Committee (INMAC), and coordinates and supports the efforts of other ministries and agencies. The ICSC also supports the efforts of private sector and people sector organisations in the area of cyber wellness. The “many helping hands” approach is useful in helping us to optimise resources and, more importantly, to reach out to the different target groups.
23 One of the
Engaging The Community
Regular Public Consultation
24 Public consultation is a cornerstone of MDA’s regulatory process as content regulation is guided by societal norms and values. MDA consults its advisory committees regularly in reviewing and updating its content guidelines and standards as well as in assessing and rating content. MDA also conducts public surveys, and engages the community through focus group discussions and various feedback channels. Surveys commissioned by MDA have shown that the majority (over 70%) are satisfied with MDA’s content standards for broadcast and films.
Advisory Committees
25 The CRC has called for public nomination of a proportion of the members of the advisory committees and an increase in industry representation in these committees.
26 The members of these advisory committees are appointed by MICA. They are carefully selected to represent a cross section of society, in terms of race, religion, age, occupation and other factors. They are also selected for their understanding and appreciation of the medium they are dealing with as well as societal values and sensitivities. The members include educationalists, social workers, psychologists, doctors, lawyers, parents, housewives, retirees, and undergraduate students. There is also industry representation in the committees and they include TV producers, film-makers, media consultants, writers, editors, publishers, theatre directors and drama/dance practitioners.
27 Committee members are expected to act in the best interests of the community, and their decisions have to stand up to public scrutiny. For example, the four broadcast advisory committees publish their own annual reports, which give guidance to the broadcasters on ways to improve the quality of their programming. The citizen committees’ views are also taken into careful consideration when MDA makes regulatory decisions. For instance, last year, a play titled “Satyameva Jayate” (Truth Alone Triumphs) was given an R18 rating after consultation with the Indian Programme Advisory Committee as well as the Arts Consultative Panel (ACP). The script portrayed Mahatma Gandhi, a revered political figure, in a negative light. MDA was concerned that the play might be too provocative, but accepted ACP’s advice that the play could be approved with a higher rating as it would then be watched by a more mature and discerning audience.
28 Earlier this month, the Board of Film Censors accepted the advice of the Films Consultative Panel (FCP) to disallow an Asian film “Dream Home” about a young woman who commits graphic and sadistic acts of violence in order to achieve her dream of owning a seaside home. The FCP felt that the violence in the film was gratuitous and exploitative, and far exceeded the acceptable level of violence even under R21 guidelines.
29 The members of the various advisory committees and their Terms of Reference are published on the MDA’s website. Going forward, the considerations that guide the selection of members will also be displayed. Individuals who are keen to volunteer can submit their details for consideration.
Engaging The Industry
30 It is equally important for MDA to engage the industry. MDA consults the industry in the revision of all its content codes and classification guidelines. For example, MDA had consulted the various broadcast industry players on the Subscription TV Programme Code, the TV Advertising Code, the Radio Advertising and Sponsorship Code as well as the TV Programme Sponsorship Code. As another example, the video industry was also consulted on co-regulatory initiatives. Last year, MDA’s Regulatory Group started to hold regular get-together sessions with the industry to share regulatory initiatives and obtain feedback.
31 MDA also dialogues with the arts groups to obtain feedback on proposed guidelines, such as the drafting of the Classification Framework for Arts Performances released in 2008. It also engages the arts group when there is content that breaches guidelines and will advise the group on how the issue could be addressed. While MDA will continue to hold dialogues with arts groups to understand and address their concerns, the arts groups should similarly understand and recognise that certain community sensitivities should be respected.
32 On the proposal for the industry to make formal representation to the advisory committees, this is already taking place. For example, the broadcasters make regular presentations on their programming plans to MDA’s four broadcast advisory committees. In these sessions, the committees also discuss their concerns on content issues with the broadcasters. For publications, the Publications Consultative Panel members often join MDA in its meeting with editors of local newspapers to get a better understanding of the local newspaper industry and to share community perspectives on content issues. On appeal cases, industry representatives are invited to present their case to the appeal committee.
33 MICA agrees with the recommendation to allow the video industry to self-classify video titles which fall within the G, PG and PG13 rating. This is part of MDA’s continuous efforts to encourage industry co-regulation, which is already the case for video games, broadcast and publications.
Classification Policies And Standards
Classification Ratings
34 MICA agrees that classification ratings should ideally be consistent across media platforms. We will harmonise film classification across the different media, and will use the Film Classification System as a reference standard for other media. This will provide a simpler and better guide for consumers and the industry.
35 As a start, the ratings used for films and videos will now apply for pay TV and video-on-demand. However, for free-to-air (FTA) TV, the broadcast advisory committees have expressed concerns with PG content which has coarse language and nudity. As such, PG-rated content shown on FTA TV will have to take into account community concerns, as it has the widest reach and is easily accessed by children.
PG13 Rating
36 MICA agrees with the recommendation to introduce a PG13 rating. There has been public feedback that some films currently rated PG are unsuitable for younger children, while young teens are prevented from watching films that would otherwise have been rated PG13 but are currently rated NC16. The PG13 rating is a finer calibration that will benefit the younger and older teens as well as the industry.
R21 Content On Various Platforms
R21 Rating
37 MICA agrees with the recommendation to retain R21 as the highest rating. Retaining this rating will provide more choices for a more mature audience. The CRC survey reveals that 57% of respondents support the age restriction at 21.
R21 on Other Platforms
38 Given the explicit and graphic nature of R21 content, a cautious approach should be taken towards allowing R21 content on other platforms. For now, we will only allow R21 content on VOD on pay TV and not on the linear subscription channel. This is because access to VOD content can be controlled with a parental lock and the platform allows a higher degree of parental oversight as compared to other platforms. MDA will work with the industry on the implementation details.
39 We will not implement the CRC’s recommendation to allow R21 films for screening in the HDB heartland cinemas or the sale of R21 videos. The CRC survey and public feedback indicate that society is not yet comfortable for R21 films to be made easily available in the heartlands.
Publications
40 The CRC has recommended applying the same content guidelines to both foreign and local magazines. Local publications, such as magazines, have generally been held to higher content standards as compared to foreign publications. The Government will retain this practice. We do not think it is worthwhile for local publications to emulate the level of mature content put out by foreign publications, which are given a certain leeway because of their lower public reach. The CRC survey also indicates that the majority (78%) of readers of local publications find the standards “Just right”.
Dialect Content
41 The CRC has proposed that the restrictions on dialect content be lifted entirely unless there is compelling evidence to support their continuation. Our dialect policy is premised on the need to promote a common mother tongue, Mandarin, among our Singaporean Chinese community. Allowing full dialect content on all mediums would undermine our ongoing efforts to promote Mandarin.
42 However, we recognise the needs of our elderly and have made dialect content available through several avenues. These include videos, where dialect content is available with no restrictions. Dialect content is also available to some extent on FTA TV (Channel 8 and OKTO), radio (Capital 95.8FM and Rediffusion), and pay TV (TVBJ, Mei Ah Channel and VOD). We have also taken a flexible and contextual approach in allowing dialect on both local and imported films, and there is no restriction on dialect films for film festivals.
Arts Entertainment
Term Licensing
43 MICA agrees with the recommendation to introduce a Term Licence Scheme for arts groups. We are considering providing a one-year term licence to arts groups which have demonstrated an awareness of and sensitivity towards community standards and values, and are able to self-regulate by using MDA’s guidelines. MDA will work out the details.
Conclusion
44 The Government strives to strike a judicious balance in our content regulation. The changes to and shifts on this balance will continue to evolve and it needs to do so at a pace that society is comfortable with.
MINISTRY OF INFORMATION, COMMUNICATIONS AND THE ARTS
29 SEPTEMBER 2010