4. all services the principal purpose of which is not the provision of programmes, i.e. where any
audiovisual content is merely incidental to the service and not its principal purpose;
5. games of chance involving a stake representing a sum of money, including lotteries, betting and other
forms of gambling services, as well as on-line games and search engines, but not programmes entirely
devoted to gambling or games of chance;
6. (amended, SG No. 109/2020, effective 22.12.2020) electronic versions of newspapers and magazines,
including video clips embedded in the editorial content thereof, and animated images;
7. stand-alone text-based services.
(6) (New, SG No. 109/2020, effective 22.12.2020) Video-sharing platform service shall be a service as
defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, where the
principal purpose of the service or of a dissociable section thereof or an essential functionality of the
service is devoted to providing programmes, user-generated videos, or both, to the general public, for
which the video-sharing platform provider does not have editorial responsibility, in order to inform,
entertain or educate, by means of electronic communications networks within the meaning given by the
Electronic Communications Act and the organisation of which is determined by the video-sharing
platform provider, including by automatic means or algorithms in particular by displaying, tagging and
sequencing.
(7) (New, SG No. 109/2020, effective 22.12.2020) User-generated video shall be a set of moving images
with or without sound constituting an individual item, irrespective of its length, that is created by a user
and uploaded to a video-sharing platform by that user or any other user.
Article 3. (Supplemented, SG No. 79/2000, SG No. 96/2001, amended, SG No. 14/2009, SG No.
12/2010) (1) Media services shall be linear and non-linear.
(2) Linear media services shall be media services provided by a media service provider for simultaneous
viewing/listening of programmes on the basis of a programme schedule.
(3) Non-linear (on-demand) media services shall be media services provided by a media service
provider for the viewing/listening of programmes at the moment chosen by the user and at his or her
individual request on the basis of a catalogue of programmes selected by the media service provider.
(4) Simultaneous viewing/listening shall also cover quasi-simultaneous viewing/listening because of the
variations in the short time lag which occurs between the transmission and the reception of the broadcast
due to technical reasons inherent in the transmission process.
Article 4. (Amended, SG No. 12/2010) (1) A media service provider shall be a sole-trader natural
person or a legal person who or which has editorial responsibility for the choice of the content of the
media service and determines the manner in which the said service is organised. Editorial responsibility
shall be the exercise of effective control both over the selection of the programmes and over their
organisation either in a chronological schedule, in the case of linear services, or in a catalogue, in the
case of on-demand media services.
(2) A radio or television broadcaster shall be a provider of radio/television linear media services
(programme services) on the basis of a programme schedule.
(3) (New, SG No. 109/2020, effective 22.12.2020) Editorial decision shall be a decision which is taken
on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day
operation of the audiovisual media service;
(4) (Renumbered from Paragraph (3), SG No. 109/2020, effective 22.12.2020) Persons who or which
merely transmit programme services for which the editorial responsibility lies with third parties shall not
be media service providers.
Article 4a. (New, SG No. 109/2020, effective 22.12.2020) A video-sharing platform provider
shall be a sole-trader natural person or a legal person who or which provides a video-sharing platform
service.
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