Permitted forms of election advertising
1C.—(1)  For the purposes of section 60AA(1)(b) of the Act, a candidate or his election agent may publish on the Internet during the election period the following election advertising (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), and no others:
(a)any photograph of the candidate or any drawing or illustration which purports to depict the candidate or to be a likeness or representation of the candidate;
(b)any photograph or film of any person or persons lawfully taking part in or conducting any election activity, or any drawing or illustration which purports to depict any such person or persons or to be a likeness or representation of any such person or persons;
(c)the manifesto of the candidate;
(d)any historical or biographical information about the candidate;
(e)any newsletter, journal or other periodical publication of the candidate;
(f)any message, article or comment that promotes the election of the candidate, including one that takes a position on an issue with which the candidate is associated;
(g)the whole or part of the symbol allotted to the candidate under section 16(1)(b) or (1A) of the Act;
(h)any advertisement or material for acquiring the services of volunteers or canvassers for the candidate;
(i)any announcement of any event held or to be held by or on behalf of the candidate.
(2)  Any election advertising that —
(a)is sent by an electronic mail must contain a clearly and conspicuously displayed functioning electronic mail address to which the recipient of the electronic mail may send a reply to the sender of the electronic mail to indicate a desire not to receive any further electronic mail containing election advertising from that sender at the electronic mail address at which the firstmentioned electronic mail was received; or
(b)is in an electronic message must contain a clearly and conspicuously displayed —
(i)functioning digital mobile telephone number;
(ii)functioning electronic mail address; or
(iii)functioning electronic user name,
to which the recipient of the electronic message may send a reply to the sender of the electronic message to indicate a desire not to receive any further electronic message containing election advertising from that sender at the digital mobile telephone number, electronic mail address or electronic user name at which the firstmentioned electronic message was received.
(3)  If the recipient of any electronic mail or electronic message containing any election advertising makes a request to the sender of the electronic mail or electronic message —
(a)in the case of an electronic mail — through an electronic mail sent to a functioning electronic mail address provided under paragraph (2)(a); or
(b)in the case of an electronic message — through an electronic mail or electronic message sent to a functioning digital mobile telephone number, a functioning electronic mail address or a functioning electronic user name provided under paragraph (2)(b),
not to receive any further electronic mail or electronic message, as the case may be, containing election advertising from the sender, the sender must not send or cause to be sent any further electronic mail or electronic message containing election advertising during the election period to the recipient’s electronic mail address, digital mobile telephone number or electronic user name at which the firstmentioned electronic mail or electronic message was received, without the prior express consent of the recipient.
(4)  To avoid doubt, nothing in this regulation permits any of the following to be published by any candidate or his election agent on the Internet during the election period:
(a)any election survey within the meaning of section 60B of the Act;
(b)any appeal to the public or any class of the public to make any donation that contravenes the Political Donations Act (Cap. 236);
(c)any facility enabling any member of the public or any class of the public to search for election advertising the publication of which contravenes these Regulations or is proscribed by the Returning Officer;
(d)any party political film within the meaning of the Films Act (Cap. 107) or any film the exhibition or distribution of which is contrary to the provisions of that Act.
(5)  Every candidate and his election agent must use their best efforts to ensure that any election advertising they publish or cause to be published is published in conformity with this Part and any other written law.
(6)  For the purposes of this regulation —
(a)“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 —
(i)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
(ii)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
(b)an electronic mail address, a digital mobile telephone number or an electronic user name does not cease to be a functioning electronic mail address, functioning digital mobile telephone number or functioning electronic user name, respectively, by reason only of a temporary inability to receive electronic mail or electronic messages due to technical problems, provided steps are taken to correct such technical problems within a reasonable time and without delay.
[S 268/2017 wef 01/06/2017]