2. In this Notification, unless the context otherwise requires —| “candidate”, “election”, “election agent”, “group” and “political party” shall have the same respective meanings as in the Parliamentary Elections Act (Cap. 218); |
“distribute”, in relation to an election campaign recording, means the supply by electronic transmission (whether or not it is made in response to a request) of the contents of the election campaign recording —| (a) | by electronic mail; or | | (b) | by micro-blog, an MMS or SMS service or an electronic media application or a social networking service, within the meaning of the Parliamentary Elections (Election Advertising) Regulations (Cap. 218, Rg 3), |
| and “distribution” shall be construed accordingly; |
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“election activity” means any activity —| (a) | that takes place within any election period; and | | (b) | that is for the purpose of promoting or procuring the electoral success of one or more identifiable political parties, candidates or groups of candidates at any election or otherwise enhancing the standing of any such political parties, candidates or groups of candidates with the electorate in connection with any election; |
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“election campaign recording” means any film made on or after the date of commencement of this Notification, whether or not made by or on behalf of a political party, candidate or group of candidates —| (a) | that records live the whole or a material proportion of any performance, assembly of persons or procession —| (i) | which is held in accordance with the law; | | (ii) | which is held in connection with any election activity; and | | (iii) | which does not depict any event, person or situation in a dramatic way; and |
| | (b) | that consists of, or includes, the sounds and images of that performance, assembly or procession, without any additions, omissions, substitutions or other modifications, |
| but does not include any film that is wholly or substantially based on an unscripted or “reality” type programme; |
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“election period”, in relation to an election, means the period — | (a) | beginning with the date a writ of election is issued for an election under the Parliamentary Elections Act (Cap. 218); and | | (b) | ending with the start of the eve of polling day of that election; |
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“exhibit”, in relation to an election campaign recording, means making the election campaign recording available on the Internet, but does not include —| (a) | distributing an election campaign recording; or | | (b) | projecting or screening an election campaign recording at any public place within the meaning of the Public Order Act 2009 (Act 15 of 2009), |
| and “exhibition” shall be construed accordingly; |
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| “modification”, in relation to any film that is a recording of the whole or a material proportion of a performance, an assembly or a procession referred to in the definition of “election campaign recording”, includes the doing, in relation to the performance, assembly or procession recorded, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the performance, assembly or procession, but does not include a modification that consists of the addition or removal of material which provides a description or translation of the audio content of the film without any material distortion of, the mutilation of, or any material alteration to, the performance, assembly or procession recorded. |
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