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BROADCASTING
(CLASS LICENCE) NOTIFICATION, 2000 INTERNET CODE OF PRACTICE
NOTIFICATION
To encourage the development of
the Internet and internet-related services in this country
and especially to the development of more local participation
on the World Wide Web, it is announced that with the consent
of His Majesty The Sultan and Yang Di-Pertuan of Brunei Darussalam,
the Government of His Majesty The Sultan and Yang Di-Pertuan
of Brunei Darussalam have introduced the BROADCASTING (CLASS
LICENCE) NOTIFICATION, 2000 and the INTERNET CODE OF PRACTICE
NOTIFICATION effective 12th February 2001.
The BROADCASTING (CLASS LICENCE)
NOTFICATION, 2000 is a subsidiary legislation under the Broadcasting
Act (Chapter 180) and it introduces a new Class Licensing
Scheme, which covers the following licensable broadcasting
services: Value Added Network (VAN) computer on-line services
Computer on-line services that are provided by Internet Content
Providers and Internet Service Providers
The new scheme will mean that
Internet Service Providers and Internet Access Resellers will
no longer need to apply fOr a licence under the Broadcasting
Authority (Chapter 180) as was previously required. This does
not however exempt operators of Internet Access Service Providers
(IASPs) from any other licensing requirements under any other
Act, such as under the TELECOMMUNICATIONS ACT (Chapter 54).
The Class Licensing scheme does
however require some categories of service providers to register
with the Broadcasting Authority. This registration procedure
is to ensure that these service providers be responsible for
the services and content they put up. The Minister responsible
for Broadcasting Matters as the Internet content regulator
is responsible with ensuring that the content provided on
the Internet is not against public interest or national harmony
or which offends against good taste and decency.
The Class Licensing Scheme requires
the following service providers and certain internet content
providers to register with the Broadcasting Authority WITHIN
14 DAYS of the date of commencement of this Notification:
Internet Service Provider (ISP),
which shall include: An Internet Access Service Provider licensed
under Section 3 of the Telecommunications Act (Chapter 54)
A localised Internet Service Reseller; A non-localised Internet
service reseller;
Apart from the registration requirement
all 1SPs that come within the above definition shall be subject
to an annual fee as follows:
Internet Access Service Provider
$1,000 per annum Non-localised Internet Service Reseller $250
per annum Localised Internet Service Reseller $250 per annum
for each premises at which the computer on-line services are
provided
Certain Internet Content Provider
shall also be required to register with the Broadcasting Authority
WITHIN 14 DAYS of the date commencement of this Notification:
An internet Content Provider who is or is determined by the
Minister responsible for broadcasting matters, to be a political
party registered in Brunei Darussalam providing any programme
on the World Wide Web through the Internet: or An Internet
Content Provider who is or is determined by the Minister responsible
for broadcasting matters to be a body of persons engaged in
the propagation of political or religious issues relating
to Brunei Darussalam or the World Wide Web through the Internet
An Internet Content Provider however
IS NOT subject to any annual fee as imposed on the ISPs.
In addition, the regulation also
allows for any on-line newspaper, and any individual providing
a programme for the propagation, promotion or discussion of
political, religious or social issues relating to Brunei Darussalam,
on the World Wide Web, to be registered under this Scheme.
It is therefore important that
all Internet Service 2roviders (ISPs) end Internet Content
Providers mentioned above to note that, failure to register
is an offence under the BROADCASTING ACT (Chapter 180) as
amended by the BROADCASTING (AMENDMENT OF SECOND SCHEDULE)
NOTIFICATION 1998, and punishable on conviction to imprisonment
for a term not exceeding three years, a fine up to two hundred
thousand dollars or both, and, in the case of a continuing
offence, to a further fine up to ten thousand dollars for
every day or part of a day during which the offence continues
after conviction.
The BROADCASTING (CLASS LICENCE)
NOTIFICATION 2000 also requires that all Internet Service
and Internet content providers in Brunei Darussalam comply
with the Internet Code of Practice as announced in the INTERNET
CODE OF PRACTICE NOTIFICATION. Failure to comply would also
subject the !icensee to the same penalties as above.
The Internet Code of Practice
is introduced to ensure that content on the Internet provided
in Brunei Darussalam is lot against the public interest or
national harmony. Or which offends against good taste and
decency. The Broadcasting Authority in Brunei Darussalam is
concerned that content provided on the Internet from Brunei
Darussalam comply with a set of basic content requirements
that are in line with Brunei Darussalam's religious values,
social and societal mores and that the content do not offend
the Islamic religion, society and do not incite social disharmony
and instability in Brunei Darussalam.
The BROADCASTING (CLASS LICENCE)
NOTIFICATION 2000 supersedes all other licensing requirements
for Internet and Interriet related services previously enforced
in Brunei Darussalam under the Broadcasting Act. All previous
licence holders are required to comply with this regulation.
Due to the borderless nature of
the Internet, which transcends national jurisdiction, the
Broadcasting Authority is taking a realistic view of its ability
to regulate the Internet content. It DOES NOT view itself
as having extra territorial jurisdiction over content providers
which are not based in Brunei Darussalam, notwithstanding
that the content provided can be accessed in within Brunei
Darussalam. The Broadcasting Authority is merely concerned
with regulating broadcast by local content providers of certain
materials, which it deems as unsuitable for consumption by
the general public in Brunei Darussalam.
Licensees can register with the
Broadcasting Authority by writing to the Director of Broadcasting,
Prime Minister's Office, Istara Nurul Iman, Bandar Seri Begawan
BA1000.
Registration forms can be downloaded
from www.pmo.gov.bri/divisibn.htm#bmadcast
and handed in to the Director of Broadcasting at the Prime
Minister's Office. All queries arising can also be directed
to the above address or by e-mailing info_internet@pmo.gov.bn
OFFICE OF THE
PRIME MINISTER
ISTANA NURUL IMAN
BANDAR SERI BEGAWAN BA1000
8 February 2001 14 Zulkaedah 1421.
Ruj JPM/0/83
FAQS
on the Internet Class Licensing Scheme
1. What is the Class
Licence Scheme
The class licence scheme
just introduced is a new licensing scheme for the Internet and
internet related services, specifically for Internet Access
Providers and Internet Content Providers.
The licensing scheme
automatically licences Internet access services providers and
internet content providers.
For internet access service
providers, either ISPs or Internet resellers (like cyber cafés),
they are no longer required to apply for a licence to carry
our their businesses, but they are required to register with
the Director of Broadcasting. Registration involves filling
in a form and (where applicable) paying a nominal licence fee.
For internet content
providers, the class licence automatically licences them. They
do not need to register with the Director of Broadcasting unless
their web pages are primarily set up to promote political or
religious causes, or unless they are required by the Minister
responsible for broadcasting matters to register. Registration
means that they are responsible for the content they put up.
In any case, all Internet content providers are required to
abide by the Internet Code of Practice. Failure to comply can
incur sanctions and fines on the providers.
2. Why is it introduced?
The Broadcasting Act
states that all broadcasting services need to be licensed. The
Internet, specifically providing Internet access and providing
content on the Internet is a licensable broadcasting service
under the Act however because of the nature of the Internet,
the conventional licensing procedure would be inefficient and
would not be practicable.
This would also be in
line with the Government's move towards a more knowledgeable
society through taking advantage of the abundance of knowledge
and information available on the Internet and towards harnessing
the potential of the Internet, both for education and for commerce.
we do this through making it easier for commerce to flourish
and for service providers to gain access to the Internet.
However whilst the Government
is committed to developing the positive aspects Of the Internet
and the tremendous benefits and opportunities it can bring to
our society, the Government is also aware of the negative or
the dark side of it. The proliferation of undesirable content
or sites such as cyber porn Sites or Internet gambling sites
have been a key concern of most countries including the USA
and Europe which have led these countries to enact their own
laws to curtail this negative development.
Therefore this Class
Licence Scheme and the Internet Code of Practice will form one
of the policy framework for the Internet with a view to promote
and facilitate its growth while at the same time maintaining
our religious and social values.
3. When will it be
introduced?
The Internet Class Licensing
Scheme will come into effect on the 12th February 2001.
All Internet Service
Providers within the meaning of the Class Licence Notification
will need to register with the Director of Broadcasting at the
Prime Minister's Office within 14 days from that date. Registration
forms can be downloaded from the PMO website at (www.pmo.gov.bn/division.htm#broadcasting)
and handed in together with the (nominal) licence fees to our
offices. Internet Content Providers (ICPS) who come within the
required category will similarly be required to register. Unlike
the ISPs, they will not however be subject to any annual licence
fee.
4. What if I am previously
licensed, what happens now?
If you already hold a
licence issued by us, then you would still need to register,
but you will only need to pay the licence fees from the date
that your current licence expires.
5. What about if I
have a personal or a commercial website? Do I have to register
also?
No, unless your website
is set up primarily to carry content or discuss issues that
are of a religious or political nature.
All internet content
providers however have to abide by the Internet code of practice
and not post content that are against public interest, public
order or national harmony, or offends against good taste and
decency.
6. Who censors my
website? and what happens if my website has content that are
deemed objectionable?
Internet content providers
themselves ensure that the content they put up do not have anything
that go against the guidelines. The internet content regulators
will not go around checking website content before they are
put up. But if we do find content on your website that are objectionable
or that go against our definition of content that are against
public interest, public order or national harmony, or offends
against good taste and decency, then we take action. In most
cases we will just ask the content provider to remove the objectionable
material or perhaps close down the website until it is rectified.
Sanctions and fines on the content providers are a last resort.
7. As a general question,
what is the government doing about (for example) pornography
on the internet?
The internet is a free
medium. It is extremely difficult for any one authority or government
to control what is put up on the internet. For us, we realise
we cannot censor all pornographic sites, Its just technically
impossible to do without seriously affecting access and download
time. Perhaps in the future the technology will catch up and
allow us to limit access to all these Sites. But for the time
being, our options are limited.
The Government of Brunei
Darussalam do however declare our objections to the availability
of pornographic and other objectionable sites on the Internet
that are morally corrupting and socially unacceptable,
By issuing an Internet
code of practice, we also ensure that locally developed internet
sites do not have contents that are unacceptable to our societal
venues.
And we shall issue instructions
to internet Service Providers (ISPS) to install proxy servers
and instruct them to block up to a limited number of the most
objectionable sites on the internet from their customers.
In the longer term, we
shall be working on some programs to encourage good internet
practices. We will be looking towards encouraging the development
of more local internet content; we shall be looking towards
putting up a website or a guide of good educational sites for
children and young adults; we are looking at other options such
as content classification, and so on.
8. What should I do
if I find a site that is objectionable and offensive?
If anyone wants to make
a report about a website of Internet content that is offensive
or objectionable, you can e-mail the Internet Content regulators
at the address below address: info_internet@pmo.gov.bn
The regulators will view
the site and take the appropriate action. Similarly, you can
e-mail us at the same address if you have any suggestions or
comments about the Internet.
9. What if I put up
my site, with a web hosting site outside of Brunei and which
uses a Generic Top Level Domain Name such as dot.com without
the Brunei country code prefix ".bn"?
It does not matter whether
or not your Domain Name is registered with the Brunei Country
Code Top-level Domain (ccTLD) or your domain name is registered
internationally with a Generic Top Level Domain Name (gTLD)
and hosted outside of Brunei, for example ".com". For as long
as the content provider is based in Brunei, you will be subject
to the Class Licence Scheme and the Internet Code of Practice.
The Broadcasting Authority
however does not view itself as having extra- territorial jurisdiction
over content providers who are not based in Brunei, notwithstanding
the content can be accessed in Bruriet,
PRIME MINISTERS OFFICE
Brunei Darussalam.
8 February 2001
Courtesy of:
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