AIC Open Letter to Singapore’s MIC on Government’s new licensing framework for online news sites

Government’s new licensing framework for online news sites could stifle innovation, industry development and investment in Singapore.

The Asia Internet Coalition (AIC) is an industry association formed by eBay, Facebook, Google, Salesforce and Yahoo! Incorporated. The AIC seeks to promote the understanding and resolution of Internet policy issues in the Asia Pacific region.

The AIC is very concerned by the recent move by the government to introduce a licensing regime for online news sites. The Asia Internet Coalition strongly believes in the potential of Internet-enabled communications to benefit society, the economy and citizens. We continue to believe that we are well aligned with Singapore in this regard and have welcomed Singapore’s aim to further establish itself as a cloud computing and data analytics hub in the region. However, this new regulation – and the regulatory trend that this may be indicative of – could unintentionally hamper Singapore’s ability to continue to drive innovation, develop key industries in the technology space and attract investment in this key sector. We also believe that the scope of the regulation and manner in which it was introduced have negatively impacted Singapore’s global image as an open and business-friendly country.

We would welcome an opportunity to engage in a dialogue with the government to share our feedback on the new licensing framework and understand what the evolution of this regime will encompass. We were surprised with the new licensing regime, as the current content regulatory framework has been well understood by business, effective and has not proven to be inadequate in allowing the authorities to address offensive online content. Furthermore, as the MDA has indicated, it has only invoked its powers and issued a takedown notice once in the past two years. Hence, we view that it is unwarranted and excessive for the government to extend the class-licensing framework to individually license (identified) online news sites in order to ensure regulatory parity. This is an additional layer of regulation, which has also introduced significant business uncertainty for the industry.

Another key concern is that the newly introduced framework is both ambiguous and onerous, which could negatively impact start-ups and multinationals operating or seeking to operate in Singapore:

  • The current vague and broad terms in the regulation and implementation will hamper innovation and deter industry growth: While ten sites have been identified and the government has clarified that personal blogs and websites will not fall under the purview of this licensing framework, it remains unclear which specific additional websites will eventually be required to have an individual license. Currently, companies will only know upon notification by the MDA. The language in the regulation remains vague and broad, and does not reflect the clarifications that the government has made. The government also has not provided clarity on how it would implement the regulation (e.g. when does a website cross the line to become a news site), which companies can reference and adequately assess if the regulation would be applicable to them.
  • Additionally, it is unclear whether websites that are required to have an individual license will be liable for user-generated comments on their sites. It is essential that legal regimes do not put intermediaries in the untenable position of proactively policing content or hold them strictly responsible for content generated by users. Online platforms have incentives to address misuse of their services. These market solutions should be allowed to operate and evolve within a light-touch regulatory regime that provides clarity for those regulated.These types of uncertainties have a significant chilling effect on innovation and negatively impact Singapore’s ability to attract investments, both of which are critical to the healthy development of the infocomm and media sector in Singapore. To address this concern we propose that an express statement clarifying that a licensed entity will not be liable for user-generated content on its platform should be included in the regulation.
  • The additional licensing conditions are onerous, regressive and untenable in practice. The 24-hour removal period is too short and fails to take in account the nature of the Internet. The requirement is also particularly difficult for international companies, who will have to negotiate between time zones to comply. Accordingly there remains a serious question about the ability of the online industry to adhere to the license conditions as currently drafted. AIC members do not object to the timely removal of content that does not comply with the Broadcasting Services Act and pursuant Internet Code of Practice. We do however have significant concerns about our ability to make that assessment in reference to content standards in the regulation that are extremely vague and open to broad interpretation and a requirement to take appropriate action within a 24-hour period from notification. We propose that this provision is removed and replaced with a “best endeavors” response within a reasonable timeframe taking into account all of the circumstances. The introduction of a performance bond will hurt startups and smaller organizations, even if this does not necessarily entail cash up front. Startups and smaller firms typically run lean setups and face numerous forms of challenges, such as finding and securing access to financing. The SGD$50,000 performance bond is not a small sum. For successful startups, this bond will serve to be a financial risk, and a burden that they would constantly have to take into account, which could otherwise be an asset. The case for having a ‘performance bond’ at all is unclear. It sends a very strong wrong message to the Internet community in and beyond Singapore that these changes could presage a more restrictive attitude to the Internet. It also could also set a precedent for more restrictive regimes around the region.

While we appreciate that the MDA has provided further clarifications following the initial announcement, these clarifications should be incorporated into the implementing regulations and we believe that further stakeholder engagement to refine this is necessary.

We would also suggest that the government strongly consider reviewing the new regulation in a year or two to assess if it is necessary.
We hope that the government will engage with all relevant stakeholders as it contemplates further Internet-related regulations, such as the plans to amend the Broadcasting Act to cover online news sites that may not be operating in Singapore.

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AIC Comments on Vietnam’s Draft Internet Decree on Internet Services and Online Information

Draft Internet Decree on Internet Services and Online Information
The Asia Internet Coalition (AIC) is an industry association formed by eBay, Facebook, Google, Salesforce and Yahoo! Incorporated. The AIC seeks to promote the understanding and resolution of Internet policy issues in the Asia Pacific region.

The AIC is very concerned about the draft Decree on Internet Services and Online Information. By creating an unreasonable regulatory burden, foreign companies may find themselves unable to invest in Vietnam and domestic companies will be unable to innovate enough to be globally competitive. We are appreciative of earlier efforts by the Government of Vietnam to share a
draft of the Decree and to engage in consultations about proposed policy changes. However, we are disappointed that recent engagement has been limited and that the Government has been unwilling to share updated drafts of the Decree.

We appreciate your consideration of the following comments:

  1. RE: Article 5 – Prohibited Conducts – Many of the prohibited conducts are not clearly
    defined, subjective and open to interpretation. Uncertainty in laws and regulations makes it
    more difficult for companies to comply. We urge the Ministry to clearly and narrowly scope
    these prohibited conducts.
  2. RE: Article 22 – Rights and obligations of foreign entities providing cross-border
    public information – This article should clearly delineate the difference between a crossborder
    service provider and domestic service provider. For example, it should be clarified
    that having a representative office in Vietnam does not subject a cross-border service
    provider to other articles in the Decree. This provision also states that cross-border service
    providers must “comply with prevailing laws”. Do these prevailing laws include the contents
    of other articles of this Decree?
  3. RE: Local server requirements – Local server requirements are impractical for domestic
    industry and prevent local companies from using major web hosting platforms that do not
    have domestic servers. These requirements could also prevent mobile application
    developers from distributing their applications on mobile operating systems. These
    requirements should be removed.

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AIC Response to Public Consultation on Proposed Business Operation of the Singapore DNC Registry

Public Consultation on the Proposed Business Operations of the Do Not Call (DNC) Registry

The Asia Internet Coalition (AIC) welcomes the opportunity to provide feedback on the proposed business operations of the DNC Registry. Our comments and feedback follow in the document attached.

The Asia Internet Coalition (AIC) is an industry association formed by eBay, Facebook,Google, Salesforce and Yahoo! Incorporated. The AIC seeks to promote the understanding and resolution of Internet policy issues in the Asia Pacific region. We respectfully request that the proposed business operations be re-evaluated in light of the comments presented here and we thank you again for taking the time to engage industry.

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