Section 9
Section 9
(1)
In this Order –
(a)
a cable programme means any item included in a cable programme service; and
(b)
a cable programme service means a service which consists wholly or mainly in sending visual images, sounds or other information by means of a telecommunications system, otherwise than by wireless telegraphy, for reception –
(i)
at two or more places (whether for simultaneous reception or at different times in response to requests by different users); or
(ii)
for representation to members of the public, and which is not, or so far as it is not, excepted by or under subsections (2) or (3).
(2)
The following are excepted from the definition of “cable programme service” –
(a)
a service or part of a service of which it is an essential feature that while visual images, sounds or other information are being conveyed by the person providing the service there will or may be sent from each place of reception, by means of the same system or (as the case may be) the same part of it, information (other than signals sent for the operation or control of the service) for reception by the person providing the service or other persons receiving it;
(b)
a service run for the purposes of a business where –
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
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BLUV as at 24th December 2013
(i)
no person except the person carrying on the business is concerned in the control of the apparatus comprised in the system;
(ii)
the visual images, sounds or other information are conveyed by the system solely for purposes internal to the running of the business and not by way of rendering a service or providing amenities for other persons; and
(iii)
the system is not connected to any other telecommunications system;
(c)
a service run by a single individual where –
(i)
all the apparatus comprised in the system is under his control;
(ii)
the visual images, sounds or other information conveyed by the system are conveyed solely for his domestic purposes; and
(iii)
the system is not connected to any other telecommunications system;
(d)
services where –
(i)
all the apparatus comprised in the system is situated in, or connects, places which are in single occupation; and
(ii)
the system is not connected to any other telecommunications system, other than services operated as part of the amenities provided for residents or inmates of premises run as a business;
(e)
services which are, or to the extent that they are, run for persons providing broadcasting or cable programme services or providing programmes for such services.
(3)
The Attorney General, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, may by order amend subsection (2) so as to add or delete exceptions, subject to such transitional provisions as appear to him to be appropriate.
(4)
References in this Part to the inclusion of a cable programme or work in a cable programme service are to its transmission as part of that service; and references to the person including it are to the person providing the service.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
18
BLUV as at 24th December 2013
(5)
Copyright does not subsist in a cable programme –
(a)
if it is included in a cable programme service by reception and immediate retransmission of a broadcast; or
(b)
if it infringes, or to the extent that it infringes, the copyright in another cable programme or in a broadcast.
Published editions.