Clause 7

The Minister may make regulations —

prescribing the form and manner in which details as to the names and addresses of the publisher of any election advertising not comprising printed matter and of the person for whom or at whose direction it is published must be included in such election advertising for the purpose of complying with section 61(1)(c)(ii); and

regulating election advertising and the publication thereof during an election period on what is commonly known as the Internet by political parties, candidates or their election agents and relevant persons, including prescribing the features that must or must not appear or be used in any such election advertising.(2) Any person who contravenes any regulations made under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.(3) For the purposes of this section and any regulations made thereunder —“election period” means the period beginning with the day the writ of election is issued for an election and ending with the close of all polling stations on polling day at the election;“relevant person” means any person or group of persons in Singapore (other than a political party, a candidate or his election agent) which —

provides any programme on the World Wide Web through what is commonly known as the Internet under a class licence; and

is required under the conditions of the class licence to register with the Singapore Broadcasting Authority on account of that person or group of persons engaging in or providing any programme for the propagation, promotion or discussion of political issues relating to Singapore,and a person or a group of persons shall be regarded as required to register with the Singapore Broadcasting Authority even though the time permitted for such registration has not expired;“Singapore Broadcasting Authority” means the Singapore Broadcasting Authority constituted under the Singapore Broadcasting Authority Act (Cap. 297).Election advertising ban on polling day78B.—

Subject to subsection (2), no person shall on polling day display or publish, or cause or permit to be displayed or published, any election advertising in or among any electors in any electoral division before the close of all the polling stations in the electoral division.(2) Subsection (1) shall not apply in respect of —

any election advertising that was lawfully published before polling day on what is commonly known as the Internet and that was not changed after its publication;

the continued lawful display or posting of posters or banners;

the distribution of a book, or the promotion of the sale of a book, for not less than its commercial value, if the book was planned to be published regardless of whether there was to be an election;

the transmission by an individual to another individual, on a non-commercial basis on what is commonly known as the Internet, of his own political views;

the publication of any news relating to an election in a newspaper in any medium or in a radio or television broadcast; or

such other circumstances or activities as may be prescribed by the Minister by order in the Gazette.(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.Blackout period for election survey results78C.—

No person shall publish or permit or cause to be published the results of any election survey during the period beginning with the day the writ of election is issued for an election and ending with the close of all polling stations on polling day at the election.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.(3) In this section, “election survey” means an opinion survey of how electors will vote at an election or of the preferences of electors respecting any candidate or group of candidates or any political party or issue with which an identifiable candidate or group of candidates is associated at an election.Exit polls ban on polling day78D.—

No person shall publish or permit or cause to be published on polling day before the close of all polling stations on polling day —

any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or

any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.(3) In this section —

“forecast” includes estimates; and

any reference to the result of an election is a reference to the result of an election either as a whole or so far as any particular candidate or group of candidates at the election are concerned.Defence for election advertising offences78E.—

It shall be a defence for a person charged with an offence under section 61(1) or (5), 78A(2), 78B(3), 78C(2) or 78D(2) to prove —

that the contravention of section 61(1)(c), (d) or (e), 78B(1), 78C(1), 78D(1) or any regulations made under section 78A(1)(b), as the case may be, arose from circumstances beyond his control; and

that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.(2) Nothing in subsection (1) shall limit the operation of section 10 of the Electronic Transactions Act (Cap. 88) in relation to network service providers.”.