PART I | 1. These Regulations may be cited as the Parliamentary Elections (Election Advertising) Regulations. |
2. In these Regulations, unless the context otherwise requires —| “authorised third-party campaigner”, in relation to a candidate or group of candidates, means a person who is acting within the authorisation issued to the person under section 83(2) of the Act by the candidate (or the candidate’s election agent) or the group of candidates (or those candidates’ election agents) to conduct election activity; [S 445/2020 wef 08/06/2020] |
| “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; |
|
| “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 users can communicate with other users or a designated segment of users by means of messages; [S 445/2020 wef 08/06/2020] |
| “display”, in relation to a public place, includes display on the exterior or otherwise of a vehicle (whether or not mechanically propelled) in a public place so as to be visible to the public or any section of the public; [S 445/2020 wef 08/06/2020] |
“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; |
|
| “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; [S 445/2020 wef 08/06/2020] |
“electronic media application” includes —| (a) | any banner, logo or icon that is capable of being posted on any social networking service, micro-blog, website or other form of electronic media; or [S 445/2020 wef 08/06/2020] | | (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; |
|
| “electronic media application message” means a message that is sent using an electronic media application; [S 445/2020 wef 08/06/2020] |
| “electronic message” means a micro-blog post, a social networking service message, an electronic media application message, an SMS message or an MMS message; [S 445/2020 wef 08/06/2020] |
| “electronic user name” means a unique sequence of characters that identifies a person as a user or the proprietor of an online account, facility, network, service or system; [S 445/2020 wef 08/06/2020] |
“functioning electronic mail address”, “functioning digital mobile telephone number” or “functioning electronic user name”, in relation to any electronic mail or electronic message, means an electronic mail address, a digital mobile telephone number or an electronic user name, respectively, that —| (a) | remains capable of receiving electronic mail or electronic messages for not less than 14 days after the transmission of the firstmentioned electronic mail or electronic message; and | | (b) | has capacity, reasonably calculated in the light of the number of recipients of the firstmentioned electronic mail or electronic message, to enable it to receive the full expected quantity of reply electronic mail or electronic messages from such recipients, |
| and an electronic mail address, a digital mobile telephone number or an electronic user name does not stop being a functioning electronic mail address, functioning digital mobile telephone number or functioning electronic user name, respectively, just because of a temporary inability to receive electronic mail or electronic messages due to technical problems, provided steps are taken to correct these technical problems within a reasonable time and without delay; |
[S 445/2020 wef 08/06/2020] |
| “initiating”, in relation to publishing or sending paid Internet election advertising, includes instigating the publishing or sending of the election advertising to recipients not voluntarily accessing the election advertising, without the need for anyone to operate or permit the operation of systems that cause the election advertising to be so published or sent; [S 445/2020 wef 08/06/2020] |
“Internet platform” means —| (a) | a website or similar online facility; | | (b) | an electronic media application; | | (c) | a social networking service; or | | (d) | a network or like service available on the Internet that —| (i) | supports the integration of different electronic media applications or different software or programmes for the provision of goods or services (including accessing information); and | | (ii) | facilitates communication and exchanges of information between multiple subscribers to the service; |
|
[S 445/2020 wef 08/06/2020] |
| “message”, in relation to a chat room, a discussion forum, a micro-blog post, a social networking service message or an electronic media application message, means a message that is in the form of (but not limited to) any text, still or moving picture, sign, symbol or other visual image, or any speech, music, sound or other audible message; [S 445/2020 wef 08/06/2020] |
| “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 message that is posted on or sent through a micro-blog; [S 445/2020 wef 08/06/2020] |
| “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; |
|
| “mobile device” includes a digital mobile telephone or other device that is designed to run a mobile operating system; [S 445/2020 wef 08/06/2020] |
| “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; |
“online account” includes any of the following:| (a) | a free account; | | (b) | a prepaid account; | | (c) | anything that may reasonably be regarded as the equivalent of an account; |
[S 445/2020 wef 08/06/2020] |
“paid Internet election advertising”, in relation to an election, means an election advertising —| (a) | that contains material relating to the election; | | (b) | that is published on or using any Internet platform; and | | (c) | in respect of which the proprietor or operator of the Internet platform (including a person initiating the publishing or sending of the advertising) has received or is to receive, directly or indirectly, any money or other consideration for the placement of the election advertising on or using the Internet platform; |
[S 445/2020 wef 08/06/2020] |
| “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, a political party’s symbol or the symbol allotted to a candidate or group of candidates under section 34 or 34A of the Act; or [S 445/2020 wef 08/06/2020] | | (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; |
|
“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; |
|
| “recipient”, in relation to an electronic mail or electronic message, means the person to whom such mail or message is addressed, and if the person has more than one digital mobile telephone number, electronic mail address or electronic user name, the person is to be regarded as a separate recipient with respect to each such digital mobile telephone number, electronic mail address or electronic user name; [S 445/2020 wef 08/06/2020] |
“relevant communication service” means an electronic service that —| (a) | allows end-users to access information or material on the Internet; | | (b) | delivers information or material from the Internet to persons having a mobile device capable or appropriate for receiving that information or material; or | | (c) | enables end-users to communicate with other end-users by electronic mail, instant messaging service, an MMS service or SMS service, through a mobile device capable or appropriate for receiving information or material from the Internet, |
| using a broadcasting or telecommunication service for carrying messages or other information or material (whether between persons and persons, things and things or persons and things); |
[S 445/2020 wef 08/06/2020] |
| “SMS message” means a text message sent using an SMS service; |
| “SMS service” means a system that enables the transmission of text messages from a digital mobile telephone to another digital mobile telephone; [S 445/2020 wef 08/06/2020] |
“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; |
|
| [Deleted by S 445/2020 wef 08/06/2020] |
| “social networking service message” means a message that is posted or sent through a social networking service; [S 445/2020 wef 08/06/2020] |
“web log” means a website or part of a website maintained by one or more persons that —| (a) | allows the person or persons to upload entries that include (but are not limited to) texts, still or moving pictures, signs, symbols or other visual images, or speeches, music, sounds or other audible messages (collectively called in this definition the uploaded content); and | | (b) | may allow visitors to the website (or any part of it) to post their comments on the uploaded content. |
[S 445/2020 wef 08/06/2020] |
|
|
