1.     What is the Class Licence Scheme?

2.     Why is it introduced?

3.     When will it be introduced?

4.     What if I am previously licensed. what happens now?

5.     What about if I have a personal or a commercial website ? Do I have to register also?

6.     Who censors my website? and what happens if my website has content that are deemed objectionable?

7.     Who has to register?

8.    We are a company who provide a pure commercial web page design service. Do we need apply any licence or register?

9.    We have registered our premises as a provider of "computer on line services" with the Broadcasting Authority from 1999 and had just renewed payment in October of 2000. We just want to know whether we have to re-apply and make the payments again due to this new notification?

10.    Can I ask what do u actually mean by localised and non localised ISR?

11.    As a general question, what is the government doing about (for example) pornography on the internet?

12.    What should I do if I find a site that is objectionable and offensive?

13.    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”?

1.     What is the Class Licence Scheme?

Answer:
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?

Answer:
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 cyberporn 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?

Answer:
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?

Answer:
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?

Answer:
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?

Answer:
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.     Who has to register?

Answer:
Only the following Internet service providers need to register with us :
a.     Internet Access Service Provider (ISPs) – ISPs are business that provide access direct to the Internet. Examples are Brunet and Simpurnet. They are to register using Form A.  However, to operate as an ISP in Brunei, you need to get a licence beforehand under the Telecommunications Act administered by the Ministry of Communications.
b.     Internet Service Resellers – Internet Service Resellers are businesses that provide access to the internet through an ISP. Examples are cybercafes. They are to register using Form A.  
and for Internet content providers, ONLY the following need to register with us :
c.      A Political Party – If you are a registered political party in Brunei Darussalam, then you need to register your website with us, using Form B.
d.     An organisation, company or group of persons who engage in the propagation, promotion or discussion of political or religious issues relating to Brunei Darussalam – to register your website with us using Form B.
e.     An Online Newspaper – If you provide an on-line newspaper, then If required by the Minister Responsible for Broadcasting Matters to do so by notice in writing, then you need to register with us using Form C. If you are not asked to register in writing, then you DO NOT need to do so.
f.     An individual providing any programme, for the propagation, promotion or discussion of political or religious issues relating to Brunei Darussalam – you need to register with us IF you are asked to do so by the Minister responsible for Broadcasting Matters by notice in writing, then you need to register with us using Form B.  If you are not asked to register in writing, then you DO NOT need to do so.
All other Internet Content Providers DO NOT need to register their website with us, BUT you do NEED TO COMPLY with the INTERNET CODE OF PRACTICE.


8.    We are a company who provide a pure commercial web page design service. Do we need apply any licence or register?

Answer:
The new scheme applies only to Inetrnet Access Providers (like Brunet and Simpurnet) or Resellers (like Cybercafes) and Internet Content Providers (those that provide content on the internet, like websites). If you purely design and so not put up or host any websites yourselves, then you do not need a licence under the Broadcasting Act. 

If you do put up or host websites, then you are an Internet Content Provider and under the scheme, you will be licenced automatically (i.e. permission to carry out the business is given automatically) under the Act.  And unless the websites you put up or host is about religious issues or political issues, then you do not need to register with us.

However, as a licence holder, you do need to comply to the Internet Code of Practice, which is a set of ‘good behaviour’ guidelines.

9.    We have registered our premises as a provider of "computer on line services" with the Broadcasting Authority from 1999 and had just renewed payment in October of 2000. We just want to know whether we have to re-apply and make the payments again due to this new notification?

Answer:
Yes, you do need to re-register with the Broadcasting Authority using the new registration forms.  However, since you have paid your licence fees in October 2000, then you only need to pay the new fees from October 2001.
The new scheme superseedes all previous rules under the Broadcasting Act.

10.    Can I ask what do u actually mean by localised and non localised ISR?

Answer:
Do you mean that the boss have to be yellow ic or local?
by definition, 'localised' and 'non-localised' means the following :

"Localised Internet Service Reseller" means a person:(a) who obtains Internet access from an Internet Access Service Provider or from a Non-localised Internet Service Reseller; and (b) who provides Internet services obtained from the Internet Access Service Provider, or the Non-localised Internet Service Reseller, to all or part of the public; and (c) whose Internet services are available for reception only within a single building, dwelling-house, hospital, educational institution, residential, commercial or industrial complex, or any other single temporary or permanent structure, but does not include a person who provides Internet services to that person's own employees for use solely within that person's firm or corporation;
"Non-localised  Internet Service Reseller"  means a person who: (a) obtains Internet access from an Internet Access Service Provider; and(b) provides Internet services obtained from the Internet Access Service Provider to all or part of the public by leased telecommunication lines, integrated services digital networks, modems or by any other wired or wireless means,but does not include a person who provides Internet services to that person's own employees for use solely within that person's firm or corporation;

Put simply it means that :
1.    a 'cybercafe'  is a 'localised' reseller because the cafe only sells internet access within the cafe.
2.     but if the cafe sells internet access to areas outside the cafe (eg. to homes), then its 'non-localised' because he sells the internet access homes or clients to outside the cafe.

11.    As a general question, what is the government doing about (for example) pornography on the internet?

Answer:
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 values.

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. 


12.    What should I do if I find a site that is objectionable and offensive?

Answer:
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:    This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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.

13.    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”?

Answer:
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 Brunei.