PART I | 1. These Regulations may be cited as the Parliamentary Elections (Election Advertising) Regulations. |
2. In these Regulations, unless the context otherwise requires —| “banner” means any election advertising that is a flag, bunting, ensign or standard; |
“campaign period”, in relation to an election, means the period —| (a) | beginning with the closure of the place of nomination on nomination day after the election is adjourned under section 34(1)(a) or 34A(1)(a), as the case may be, of the Act to enable a poll to be taken in accordance with the Act; and | | (b) | ending with the start of the eve of polling day of that election; |
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| “chat room” or “discussion forum” means a website or similar online facility (including a facility made available by or through a social networking service or web log) through which a number of persons can communicate by text messages and that allows text messages to be visible to all other users or to a designated segment of users; |
| “display”, in relation to a public place, includes display on the exterior of a vehicle (whether or not mechanically propelled) in a public place; |
“election meeting” means an assembly in a public place organised by or on behalf of a candidate or group of candidates nominated for election in an electoral division —| (a) | to promote or procure the electoral success at the election for one or more identifiable political parties, candidates or groups of candidates or to otherwise enhance the standing of any such political parties, candidates or groups of candidates with the electorate in connection with the election (referred to in these Regulations as an election rally); or | | (b) | to show support for the candidate at or about the time the results of the election may be declared under section 49(7) or (7E) or 49A(5) of the Act; |
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| “election period”, in relation to an election, means the period beginning on the day the writ is issued for the election under section 24 of the Act and ending with the start of polling day at that election; |
| “electronic mail address” means a destination (commonly expressed as a string of characters) to which electronic mail can be sent or delivered, and includes such an address consisting of a user name or mailbox or an Internet domain; |
“electronic media application” includes —| (a) | any banner, logo or small icon that is capable of being posted on any social networking service, micro-blog, website or other form of electronic media; or | | (b) | any other software or programme used in connection with a computer or other electronic device and which may be used for communicating or transmitting election advertising among users in any format, |
| such as but not limited to digital banners, RSS feed readers, widgets, mobile applications and other instant messaging software or programmes; |
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| “micro-blog” means a web service that allows a user to post and send a micro-blog post that can be viewed by a selected group of persons or by anyone who uses the web service; |
| “micro-blog post” means a short text message (ordinarily not exceeding 140 characters) sent through a micro-blog; |
| “MMS message” means a message (whether or not accompanied by any sound) sent using an MMS service; |
“MMS service” means a system that enables the transmission of visual communication, voice communication or electronic mail from a digital mobile telephone —| (a) | to another digital mobile telephone; or | | (b) | to an electronic mail address, |
| but does not include a micro-blog post; |
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| “nomination day”, in relation to an election, means the date specified as the day of nomination in the writ issued under section 24 of the Act for that election; |
| “permit” means a permit issued under Part IV for the display of any poster or banner; |
| “polling day”, in relation to an election, means the date specified in a notice under section 34(6) or 34A(6) of the Act as the date on which the poll for that election will be taken; |
“poster” means any election advertising that —| (a) | is a label, set of colours, drawing, painting, handbill or placard; | | (b) | is a replica of a voting paper or of the symbol of any political party; and | | (c) | is written, printed, drawn or depicted on any material, |
| and where any election advertising is written, printed, drawn or depicted in sections, such sections, both severally and collectively, shall be deemed to be a poster; |
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“public place” means —| (a) | any place (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the place may be restricted at particular times or for particular purposes; or | | (b) | a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public; |
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| “recipient”, in relation to any electronic mail message, advertisement or material, means the person to whom such message, advertisement or material is addressed, and if the person has more than one electronic mail address, the person shall be regarded as a separate recipient with respect to each such address; |
| “SMS message” means a text message sent using an SMS service; |
| “SMS service” means a system that enables the transmission of short text messages from a digital mobile telephone to another digital mobile telephone; |
“social networking service” means any online website or web service —| (a) | that allows users to create webpages or profiles providing information that can be viewed in whole or in part by other users; and | | (b) | that enables or supports multiple-user digital communication, connection, social interaction or related activities; |
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“web log” means a website or part of a website maintained by one or more persons —| (a) | that allow the person or persons to upload entries that include (but is not limited to) text messages, images or videos; and | | (b) | may allow visitors to the website or part thereof to post their comments thereon. |
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