This Act was repealed on 2023-10-01 by Communications Act, 2023.
This is the version of this Act as it was when it was repealed.
Broadcasting and Telecommunication Act
Related documents
- Is amended by Broadcasting and Telecommunication (Quality of Service) Regulations, 2022
- Is repealed by Communications Act, 2023
Seychelles
Broadcasting and Telecommunication Act
Act 2 of 2000
- Commenced on 1 April 2000
- [This is the version of this document as it was at 30 June 2012 to 20 November 2022.]
- [Repealed by Communications Act, 2023 (Act 3 of 2023) on 1 October 2023]
Part I – Preliminary
1. Short title
This Act may be cited as the Broadcasting and Telecommunication Act.2. Interpretation
In this Act—"aircraft" means every description of aircraft other than the military aircraft of the Republic;"broadcasting" means the transmission of programmes, whether or not encrypted, by radio waves or other means of telecommunication for direction general reception with the aid of any equipment or apparatus, but does not include any such transmission of programmes made solely for performance or display in a public place;"broadcasting apparatus" means an apparatus used for broadcasting, but does not include a private radio receiving set or a private television receiver;"broadcasting service" means a service which provides regular broadcasting;"customer premises equipment" means equipment on the premises of a person not being a telecommunication service licensee, used to originate, route or terminate telecommunications;"dialling parity" means the ability of one licensee to provide telecommunication services in such manner that his customers can route their telecommunications, automatically without using an access code, to any other licensee's telecommunication service;"encrypted" means treated electronically or otherwise so as to prevent intelligible reception in the absence of the means of decryption;"inner islands" means the islands described in Part II of Schedule I of the Constitution;"Licence" means a licence issued under section 6 of the Licences Act,"licensee" means the holder of a licence;"Licensing Authority" means the Licensing Authority established by section 3 of the Licences Act;"message" means any communication sent, received or made by telecommunication, or given to any person to be sent by telecommunication or to be delivered;"minister" means the Minister responsible for Broadcasting and telecommunication;"number portability" means the ability of users of a telecommunication service to retain at the same location existing telecommunication numbers without any impairment of quality, reliability or convenience when changing from one telecommunication service licensee to another;"numbering system" means a system consisting of distinguishing numbers or letters by which connection between different terminal equipment points can be established through the use of a telecommunication facility;"programme" means sounds or visual images or a combination of sounds and visual images that are intended to inform or entertain but does not include visual images, whether or not combined with sounds, that consist predominantly of at phanumeric text;"radio communication service" means a service involving the transmission, emission or reception of radio waves for specific telecommunication purposes;"radio waves" means electromagnetic waves of frequencies arbitrarily lower than 3000 GHz propagated in space without artificial wave guide;"ship" includes every description of vessel used in navigation, or propelled by oars, and includes hovercraft but does not include military ships of the Republic,"telecommunication" means any emission, transmission or reception of signs, signals, speech, writing, images, Sounds or intelligence of any nature by wire, cable, radio, optical or other electromagnetic system or by any similar technical system;"telecommunication apparatus" means an apparatus used for, or in respect of, telecommunication, and includes a telephone but does not include a private radio receiving set or private television receiver,"telecommunication facility" means any facility, apparatus or other thing that is used or is capable of being used for telecommunication or for any operation directly connected with telecommunication and includes a transmission facility;"telecommunication service" means a service provided by means of telecommunication facilities and includes the provision in whole or in part of telecommunication facilities and any related equipment whether by sale, lease or otherwise;"telegraphy" means a system of telecommunication for the transmission of written matter by the use of a signal code;"terminal equipment" means telecommunication equipment which is intended to be used or operated by a telecommunication service subscriber;"transmission facility" means any wire, cable, radio, optical or other electromagnetic system or any similar technical system for the transmission of intelligence between network termination points, but does not include any exempt transmission apparatus,"universal service" means such telecommunication service as may be determined by the Minister as a service that needs to be provided by a licensee to an area or community not served, or not adequately served, by such a service.Part II – Licences
3. Broadcasting service or telecommunication service licence
4. Broadcasting transmission facility or telecommunication facility licence
No person shall operate a transmission facility or telecommunication facility except under, and in accordance with a licence grante under the Licences Act.5. Radio communication licence
6. Experimental licence
7. Form and conditions etc. of a licence
A licence required under this Act shall be subject to such terms and conditions and restrictions as may be specified in the licence and shall be in such form as may be determined by the Licensing Authority and shall be valid, unless earlier revoked, for such period as may be specified in the licence.8. Revocation or suspension of a licence
9. Variation of conditions etc. and inclusion of new conditions etc. in a licence
Where it is advisable in the national interest to do so, any term, of condition or restriction of a licence may be varied or revoked or any new term, condition or restriction be included in the licence.10. Transferability of licence
A licence shall not be transferred except with the consent of the Licensing Authority given after consultation with the Minister.11. Restriction of number of licences
The Minister may, by a direction in writing issued to the Licensing Authority, limit the number of licences referred to in sections 3,4, 5 and 6 and the Licensing Authority shall give effect to the direction.11A.
Part III – Administration of the Act
12. Functions of the Minister
13. Numbering system
The Minister shall establish and maintain a non-discriminatory and efficient numbering system to be applied by all licensees of telecommunication services.14. Powers of entry and inspection for ensuring compliance with the Act
15. Non-transmission of messages in the national interest
Where the national interest so requires, the Minister or any public officer authorised in writing by the Minister in that behalf, may order in writing that any message or any class of messages brought for transmission by telecommunication shall not be transmitted by telecommunication service.16. Matters of objectionable nature
Where any matter (including an advertisement) intended for broadcasting is, in the opinion of the Minister, of an objectionable nature, the Minister may by order in writing prohibit the broadcasting of the matter unless suitably amended in the manner specified by the Minister in the order, so as to remove the objectionable nature of the matter.17. Breach of copyright and agreements
A licensee shall not transmit by broadcasting—18. Licensee's power of entry, etc.
19. Compensation for actual damage
20. Growing trees
Part IV – Offences
21. Operation of service or system without a licence
22. Dishonest obtaining of telecommunication services
Any person who dishonestly obtains, or helps another person to so obtain telecommunication services with intent to avoid payment of any charge applicable for the provision of such service is guilty of an offence and shall be liable on conviction to a fine of R2000 and to imprisonment for 2 years.23. Obstruction
Any person who prevent, hinders or obstruct any person in the functions under this Act is guilty of an offence and shall be liable on conviction to a fine of R1000 mind to imprisonment for 1 year.24. Failure to carry out orders
Any person who fails or refuses to comply with any order given under section 15, 16, 32, 33 or 36 is guilty of an offence and shall be liable on conviction to a fine of R 1000 and to imprisonment for 1 year and to a further fine of R 100 for each day he continues to commit the offence after conviction.25. Wilful destruction of apparatus
Any person who wilfully destroys or damages any broadcasting apparatus or telecommunication apparatus is guilty of an offence and shall be liable on conviction to a fine of R2000 and to imprisonment for 2 years.26. Wilful interference with services, etc.
Any person who wilfully and unlawfully interferes with any broadcasting service, broadcasting transmission facility, telecommunication service, telecommunication facility, or radio communication network is guilty of an offence and shall be liable to a fine of R2000 and to imprisonment for 2 years.27. Presumptions relating to masters and captains
For the purpose of proceedings under or in accordance this Act for any offence committed on board a ship or aircraft the master or captain or the person appearing to be in command or charge of the ship or aircraft is presumed to be responsible for the act or omission constituting the offence.Part V – Miscellaneous
28. Establishment of the Telecommunication Universal Service Fund
29. Licensee’s duty to ensure safety of consumers, etc.
Every person who—30. Network interconnection
31. Collocation of equipment
32. Resolution of disputes
33. Unfair competition
34. Directory information
Every person who operates a telecommunication service shall furnish directory information in respect of its subscribers to the Minister, or to such other person, and in such manner as the Minister may direct.35. Other duties of telecommunication service licensees
Every person providing a telecommunication service has the duty—36. Emergency messages, etc.
37. Radio frequency management
The Minister shall—38. Regulations
39. Avoidance of doubt
For avoidance of doubt it is hereby declared that this Act shall apply to and in relation to every ship or aircraft registered in Seychelles and to and in relation to every other ship or aircraft registered elsewhere whilst it is within the jurisdiction of Seychelles.40. Repeal of Cap 19
History of this document
01 October 2023
Repealed by
Communications Act, 2023
21 November 2022 amendment not yet applied
30 June 2012 this version
Consolidation
01 April 2000
Commenced
Subsidiary legislation
Title
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Broadcasting and Telecommunication (Per-second Billing by Operators of Public Land Mobile Network) (Amendment) Regulations, 2021 | Statutory Instrument 102 of 2021 |
Broadcasting and Telecommunication (Per-second Billing by Operators of Public Land Mobile Network) Regulations, 2021 | Statutory Instrument 24 of 2021 |
Broadcasting and Telecommunications (Records of Customers of Prepaid Mobile Services by Operators of Public Land Mobile Network) (Amendment) Regulations, 2021 | Statutory Instrument 2 of 2021 |