Section 2
In this Act, unless the context otherwise requires -
"broadcasting apparatus" means any apparatus capable of, or designed or constructed for, the reception of any broadcasting service and specified in the First Schedule;
"broadcasting apparatus licence" means a licence granted under section 23 in respect of broadcasting apparatus;
"broadcasting company", for the purposes of Part IX, shall be construed in accordance with subsection (2) of section 34;
"broadcasting licence" means a licence granted under section 11
or 12 for the broadcast of a licensable broadcasting service;
"broadcasting service" means a service whereby signs or signals transmitted,whetherornot encrypted,comprise-
(a)
any programme capable of being received, or received and displayed, as visual images, whether moving or still;
Broadcasting
CAP. 180 7
(b)
any sound programme for reception; or
(c)
any programme, being a combination of both visual image (whether moving or still) and sound for reception or reception and display, by persons having equipment appropriate for receiving, or receiving and displaying, as the case may be, that service, irrespective of the means of delivery of that service;
"class licence" means a licence determined under section 12 to be applicable to certain licensable broadcasting services;
"Code of Practice" means a Code of Practice issued under subsection (1) of section 9;
"Director of Broadcasting" means the person appointed under subsection (1) of section 5;
"dwelling-house" includes a hotel, inn, boarding-house or other similar establishment;
"encrypted" means treated electronically or otherwise for the purpose of preventing intelligible reception;
"foreign broadcasting service" means a broadcasting service which transmits from outside Brunei Darussalam broadcasting services which are capable of being received in Brunei
Darussalam;
"foreign source", for the purposes of sections 37 and 38, shall be construed in accordance with subsection (9) of section 37;
"free-to-air broadcasting service"
means a licensable broadcasting service made available for reception in not less than two dwelling-houses by broadcasting apparatus commonly available to the public without payment of a subscription fee;
"free-to-air licence" means a broadcasting licence granted under this Act for the operation of a free-to-air broadcasting service;
"fund", for the purposes of sections 37 and 38, shall be construed in accordance with subsection (9) of section 37;
1/2000
8
Broadcasting 2000Ed.
"licence" means a licence granted under any provision of this
Act;
"licensable broadcasting service"
means any broadcasting service specified in the Second Schedule;
"Minister" means the Minister for the time being designated by
His Majesty the Sultan and Yang Di-Pertuan to be responsible for broadcasting matters;
"part of the public" includes residents in a particular place, employees of any firm, company, or organisation, occupiers of a particular building or part thereof and members of any profession, club or society;
"programme", in relation to a broadcasting service, means -
(a)
any matter the primary purpose of which is to entertain, educate or inform all or part of the public; or
(b)
any advertising or sponsorship matter, whether or not of a commercial kind, but does not include any matter that is wholly related to or connected with -
(i)
any communication between two or more persons of a private or domestic nature;
(ii)
any internal communication of a business,
Government department or other organisation for the purpose of the operation of that business, department or organisation; and
(iii)
communications in such other circumstances as may be prescribed;
"regulations" means regulations made under this Act;
"relevant licence", for the purposes of Part IX, shall be construed in accordance with subsection (2) of section 34;
Broadcasting
CAP. 180 9
"state of emergency" means a state of emergency declared by His
Majesty the Sultan and Yang Di-Pertuan under section 83 of the
Constitution;
"subscription broadcasting service"
means a licensable broadcasting service made available to the audience for whom it is intended only upon the payment of a subscription fee;
"subscription fee" means any form of consideration.