BRUNEI
Since March 1997, last amended in October 2000
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
The Internet Code of Practice requires sites with religious or political content or sites that discuss issues of this nature to register with the Broadcasting Authority. Failure to register is punishable by up to three years of imprisonment and a fine of up to USD 200,000. According to the Internet Code of Practice, bloggers are providers of a 'programme' and fall under the same class licensing scheme, and are therefore required to ensure that their websites conform with the code of practice.
Coverage Websites, including blogs
BRUNEI
Since April 2006
Since April 2022
Since April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Order, 2001 (S 38/2001) (Perintah Telekomunikasi, 2001 (S 38/2001))
Advisory Guidelines on Dealer Telecommunications License
Advisory Guidelines on Dealer Telecommunications License
To import telecommunications, radio communications, or satellite equipment for resale in Brunei Darussalam, individuals must obtain a Dealer Telecommunication License (DTL), a Dealer Type Approval (DTA), and a Dealer Import Permit (DIP). The Authority for Info-communications Technology Industry of Brunei (AITI) issues these licenses and permits to ensure compliance with national safety standards. A DTL is granted by the Authority for Info-communications Technology Industry of Brunei Darussalam under Section 5 of the Telecommunications Order, 2001. This Licence authorises the licensee to import, let for hire, sell, offer or possess for sale any equipment as defined in Telecommunications Order, 2001. According to Section 2.2 of the Advisory Guidelines on Dealer Telecommunications License, only businesses and companies established in Brunei Darussalam can apply for a Licence.
Coverage Telecommunications and radiocommunications equipment
Sources
- https://www.aiti.gov.bn/licences-and-permits/equipment-importation/dealer-import-permit/
- https://web.archive.org/web/20221008034040/http://www.bruneiresources.com/pdf/gazette_complete_2001.pdf
- https://web.archive.org/web/20230330152818/https://www.aiti.gov.bn/media/f2fnectk/dealertl_advisoryguideline_05042022_final-clean.pdf
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BRUNEI
Since March 1997, last amended in October 2000
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
Section 23 of the Broadcasting Act requires that a person shall not import, offer for sale, sell or have in his/her possession with a view to purchasing any broadcasting equipment except under and in accordance with a licence.
Coverage Broadcasting equipment
Sources
- https://web.archive.org/web/20221114215925/http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/Chp.180.pdf
- https://tradingacrossborders.mofe.gov.bn/SitePages/import-step2.aspx
- https://www.aseanbriefing.com/news/import-and-export-procedures-in-brunei-best-practices/
- https://www.wto.org/english/tratop_e/tpr_e/s309_e.pdf
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BRUNEI
Since 2006
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import and Export Procedures
Any company that wishes to engage in importing, exporting or transiting goods in Brunei Darussalam must be registered with the Royal Customs and Excise Department (RCED) or appoint a Customs Agent (Forwarder) already registered with the RCED.
Coverage Horizontal
BRUNEI
Since April 2006
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Telecommunications Order, 2001 (S 38/2001) (Perintah Telekomunikasi, 2001 (S 38/2001))
The Authority for Info-communications Technology Industry of Brunei (AITI) requires type approval of telecommunication, radiocommunication and satellite equipment to be sold and used in Brunei. Overseas manufacturers are not allowed to possess a type-approval certificate. They can do so only through a local dealer/representative. Applicants seeking Dealer Type Approval must hold a valid Dealer Licence issued by AITI. All Type Approval certificates are renewable every five years, but it is necessary to inform AITI of any changes in the product regardless of how minor they are and whether they might not affect the previous declaration/certificate [Section 9].
Coverage Telecommunication, radiocommunication and satellite equipments
Sources
- https://web.archive.org/web/20220624120257/https://www.aiti.gov.bn/SitePages/Dealer-Type-Approval.aspx
- https://web.archive.org/web/20220624115945/https://www.aiti.gov.bn/SitePages/FAQs.aspx#Dealer-Import-Permit
- https://web.archive.org/web/20221025034151/http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2001/EN/S038a.pdf
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BRUNEI
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
The country does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. The Electronic Transactions Act (Section 48) and Banking Order (Section 58 and third schedule), along with the Islamic Banking Order (Section 58 and third schedule), provide for user information confidentiality under financial and banking sectors, respectively. These legislations criminalise the disclosure of user information. The third schedule of the Banking Order and Islamic Banking Order provides for the conditions under which the banks can disclose data. However, the Data Protection Policy applies to Agencies (government Ministries and Departments, including educational institutions and statutory bodies) and protects any data which is processed or controlled by them, regardless of whether the data is processed within or outside Brunei Darussalam (Clause 4.5).
Coverage Horizontal
Sources
- https://www.dataguidance.com/jurisdiction/brunei-darussalam
- https://www.dlapiperdataprotection.com/index.html?t=law&c=BN
- https://web.archive.org/web/20240726174849/http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/Chp196.pdf
- https://web.archive.org/web/20240723222355/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2006/EN/S045.pdf
- https://web.archive.org/web/20240610210521/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2008/EN/S096.pdf
- https://web.archive.org/web/20220308123611/http://www.information.gov.bn/PublishingImages/SitePages/New%20Media%20and%20IT%20Unit/Data%20Protection%20Policy%20V.2.2.pdf
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BRUNEI
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Brunei's law and jurisprudence. Although Section 10 of the Electronic Transactions Act protects the network service providers from liability concerning third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and it will be required to implement the relevant provisions on intermediary liability.
Coverage Internet intermediaries
BRUNEI
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Brunei's law and jurisprudence. Despite Section 10 of the Electronic Transactions Act protects the network service providers from liability with respect to third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or under any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and it will be required to implement the relevant provisions on intermediary liability.
Coverage Internet intermediaries
BRUNEI
Since February 2006
Pillar Intermediary liability |
Sub-pillar User identity requirement
Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards
According to the Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards, all mobile prepaid SIM card owners/holders are mandated to register or re-register with their respective mobile service provider. Verification requirements include identity cards for Brunei citizens, identity cards, passports and employment passes for foreign workers, and passports for tourists.
Coverage Telecommunications sector
BRUNEI
Since March 1997, last amended in October 2000
Since February 2001
Since February 2001
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
Broadcasting (Class Licence) Notification, 2000 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
Broadcasting (Class Licence) Notification, 2000 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
The Code of Practice requires all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 to use their best efforts to ensure that nothing is made available on the Internet which is against the public interest or national harmony, for e.g., content which incites disaffection against the Sultan or the Government, or which offends good taste or decency. When a material is contrary to the Code of Practice, the Broadcasting Authority can require ISPs and ICPs to remove it or prohibit its broadcasting. In addition, it is reported that the government restricts access to the internet, censors online content, and has the capability to monitor private online communications. The government monitors private email and internet chat-room exchanges believed to be propagating religious extremism or otherwise subversive views, including those of religious minorities or material on topics deemed immoral.
Coverage Internet Service Providers (ISPs) and Internet Content Providers (ICPs)
Sources
- https://web.archive.org/web/20221001174130/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2001/EN/s012.pdf
- https://web.archive.org/web/20240726162738/http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2010/EN/S013.pdf
- https://unctad.org/system/files/official-document/dtlstict2013d1_en.pdf
- https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/brunei/
- https://web.archive.org/web/20220624120126/https://www.aiti.gov.bn/SitePages/Content-Regulation.aspx
- https://web.archive.org/web/20191119082521/https://www.agc.gov.bn/AGC%20Images/LOB/pdf/Chp.180.pdf
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BRUNEI
Reported in 2013, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of online content
It is reported that the government of Brunei periodically blocks online content. Various laws are employed to restrict online content, including the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952, and the Sedition Act 1983. Additionally, the Broadcasting Authority can mandate the removal or prohibition of content that violates the Code of Practice.
Coverage Horizontal
Sources
- https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/brunei/
- https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/brunei/
- https://unctad.org/system/files/official-document/dtlstict2013d1_en.pdf
- https://web.archive.org/web/20220624120126/https://www.aiti.gov.bn/SitePages/Content-Regulation.aspx
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BRUNEI
Since March 2006
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
According to Section 3.4 of the Licensing and Regulatory Framework, foreigners are prohibited from holding a majority vote or control (either directly or indirectly) in a company/corporation applying for a license from the Authority to provide services in the telecommunications industry.
Coverage Telecommunications sector
BRUNEI
Reported in 2019, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the telecommunications industry is dominated by government-linked companies. Among these are Datastream Digital, Imagine, and Progresif. In 2019, the government consolidated the infrastructure of all three companies under a state-owned wholesale network operator called Unified National Networks (UNN). The UNN is a wholly government-owned enterprise.
Coverage Telecommunications sector
Sources
- https://www.state.gov/reports/2023-investment-climate-statements/brunei/
- https://unn.com.bn/about
- https://www.aiti.gov.bn/licences/infrastructure-provider-for-the-telecommunication-industry-inti-licence/
- https://web.archive.org/web/20191114002751/https://www.aiti.gov.bn/SitePages/Competition-Management.aspx
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BRUNEI
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Brunei does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
BRUNEI
Since April 1994
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Brunei has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector