Clause 2

by inserting, immediately before the definition of “ballot box” in subsection (1), the following definition:“ “access”, in relation to content, means to encounter, read, view, hear or otherwise experience the content, and includes —

access that is subject to a precondition, such as the use of a password;

access by way of push technology;

access by way of a standing request; and

access for a limited period of time only;”;

by inserting, immediately after the definition of “ballot display” in subsection (1), the following definitions:“ “banner” means any continuous piece of fabric or other flexible material, or one or more pieces of fabric or other flexible material joined into a continuous piece —

on which content is printed, written, drawn or depicted in such a way as to be fully legible in windless conditions; and

that is attached (by rope, wire or otherwise) to any building or structure or to any pole or flagstaff projecting vertically, horizontally or at an angle,but not a banner carried during a procession;“billboard” means any of the following:

a hoarding, signboard or free‑standing advertising structure on which content is printed, written, drawn, affixed or depicted in such a way as to be fully legible;

a sign or panel which —

has an electronically controlled or a digitally controlled (or both) illuminated display surface; and

allows for different content to be shown, changed, animated or illuminated in different ways and at different intervals on that sign or panel;

a wall, ceiling or other like substantially flat and fixed surface, on which content is painted, written, drawn or depicted in such a way as to be fully legible;

a blimp, a gas-inflated balloon or other like object which is attached or anchored to the ground and upon which information or material is displayed,but not a poster, placard, picture, photograph or balloon carried during a procession;Examples (a) A sky sign on or above the roof, parapet or eaves of a building. (b) An animated billboard. (c) A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service.“by electronic means” means by using an electronic service;”;

by inserting, immediately after the definition of “contact address” in subsection (1), the following definitions:“ “content” means information or material —

whether in the form of text;

whether in the form of speech, music or other sounds;

whether in the form of colours or visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction);

whether in any other form; or

whether in any combination of forms;“conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both;”;

by deleting the words “poster, banner, notice, circular, handbill, illustration, article, advertisement or other material” in the definition of “election advertising” in subsection (1) and substituting the words “information or material”;

by deleting the words “such material” in the definition of “election advertising” in subsection (1) and substituting the words “such information or material”;

by deleting the words “, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette” in the definition of “election advertising” in subsection (1);

by inserting, immediately after the definition of “election advertising” in subsection (1), the following definitions:“ “election advertising regulations” means regulations made under section 61R;“election meeting” has the meaning given by section 80A(4);”;

by inserting, immediately after the definition of “electoral division” in subsection (1), the following definitions:“ “electronic service” means —

a service that allows end‑users of the service to access content using a broadcasting service or telecommunication service for carrying messages or other content (whether between persons and persons, things and things or persons and things); or

a service that delivers content to persons having equipment appropriate for receiving that content, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph (a),and includes a social media service (as defined in section 61S(1));“end‑user”, in relation to an electronic service, means a person that, and whether or not in the course of business —

has access to content, or something which contains content, by means of the electronic service; or

communicates content, or something which contains content, by means of the electronic service;“entity” means —

a body corporate (including a limited liability partnership);

an unincorporated association;

a partnership;

a body politic;

a body of individuals who together form a body; or

a person other than an individual;“flag” means a continuous piece of fabric or other flexible material, or one or more pieces of fabric or other flexible material joined into a continuous piece —

on which content is printed, written, drawn or depicted in such a way as to be normally not legible in windless conditions; and

that is attached (by rope, wire or otherwise) to a pole or flagstaff projecting vertically, horizontally or at an angle,and includes a flag, bunting, ribbon or streamer of any colour or colours but not a flag, bunting or streamer carried during a procession;“foreign entity” means an entity that —

is constituted or organised under a law of a foreign country, even if registered under any written law; or

has its principal place of business in a foreign country, even if incorporated under any written law;“foreigner” means an individual who is not a citizen of Singapore;”;

by inserting, immediately after the definition of “general election” in subsection (1), the following definition:“ “grounds” means land in Singapore that has a boundary fence or another structure or feature to mark the boundary of the land;”;

by inserting, immediately after the definition of “Member” in subsection (1), the following definitions:“ “non-online election advertising” means election advertising that is not online election advertising;“nursing home” means any premises that are —

licensed as a private hospital under the Private Hospitals and Medical Clinics Act 1980; and

used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity;“official sign” means a poster, banner or other notice for an election prepared by, or with the authority of, the Returning Officer as required by or for the purposes of this Act;“online election advertising” means election advertising that is published in any way that renders the election advertising accessible from the Internet;“online location” means any website, webpage, chatroom or forum, or any other similar thing in electronic or digital form that is accessible from the Internet;“ordinary polling station” means a polling station established in Singapore under section 36A(1);”;

by deleting the definition of “polling station” in subsection (1) and substituting the following definitions:“ “polling station” means —

an ordinary polling station;

a special polling station; or

an overseas polling station;“postal voting papers” means —

a ballot paper designed and intended to be used exclusively for the postal voting method (called in this Act a postal ballot paper); and

an envelope designed and intended to be used exclusively to contain a postal ballot paper (called in this Act a return envelope);“postal voting period”, for an election in an electoral division, means the period —

starting the day immediately after the day of nomination at the election; and

ending (and including) the eve of polling day in Singapore at the election;“poster” means any of the following:

any paper, plastic, corflute or other inflexible material on which content is printed, written, drawn or depicted in such a way as to be fully legible;

any text, any colours or visual images (animated or otherwise) or any pictorial or graphic form, which is projected on to any external surface of a building or structure by light or any other means;

any billboard,but not a placard carried during a procession;”;

by inserting, immediately after the definition of “public authority” in subsection (1), the following definitions:“ “public place” means —

any place in Singapore (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

a part of a place in Singapore 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;“publicly display”, for any content, means to display, exhibit, screen or project the content —

in a public place in order that another person may see the content;

in or on a conveyance (whether mobile or stationary) used for public passenger transport and which is in a public place in order that another person may see the content; or

in any place in a way so that anyone in a public place can see the content from inside or outside the firstmentioned place;”;

by inserting, immediately after the definition of “Revising Officer” in subsection (1), the following definitions:“ “special polling station” means a polling station established in Singapore under section 47A(1);“telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999;“third party”, in relation to an election in an electoral division, means a person who is none of the following:

a candidate at the election;

a political party with one or more candidates at the election;

an election agent of a candidate at the election;“traditional election advertising” means non‑online election advertising in the form of a banner, flag or poster;”; and

by inserting, immediately after subsection (2), the following subsections:“(3) Where any content is published by electronic means, the content is to be taken to be published in Singapore if —

any person physically present in Singapore accesses or is capable of having access to the content, even if the content originates wholly outside Singapore or is published by a person outside Singapore or the origin of which cannot be determined; or

the content originates in Singapore, even if none of the persons capable of having access to the content is physically present in Singapore.(4) In determining for the purposes of this Act whether a person is physically present in Singapore, it is to be assumed that the person will not falsify or conceal the person’s identity or location.(5) Without limiting the definition of “content” in subsection (1) —

any content consisting of or including a hyperlink is taken to include the content accessed directly via the hyperlink; and

any content consisting of or including an image or item on which data is stored electronically is taken to include content accessed directly by means of the image or item.(6) Without limiting the definition of “publish” in subsection (1) —

any non-online election advertising, and any other election advertising that is not published by electronic means, is taken to be published in Singapore if it is left in such a position and in such circumstances as to indicate that it is intended to be available for collection by members of the public who are in a public place;

any content is taken to be published by electronic means by an end‑user of an electronic service if the end‑user causes the content to be accessible to, or forwards the content to, or shares the content with, any other end‑user or end‑users of the electronic service, on or by the electronic service; and

any content that was published before and by electronic means so as to be accessible from the Internet, is taken to be published again on each day that any subsequent step is taken on that day to amplify the access to the content from the Internet by persons physically present in Singapore.(7) In this Act, any election advertising relates to an election in an electoral division if the election advertising contains an express or implicit reference to —

the election in the electoral division;

an individual who is a candidate at the election in the electoral division in his or her capacity as a candidate;

a political party, or the interests of a political party, with one or more candidates at the election in the electoral division; or

an issue submitted or otherwise before electors in the election.(8) For the purposes of this Act, any postal voting paper or any ballot box used at an overseas polling station that is required by this Act to be received by the Returning Officer by a specified time is regarded as received only when it is actually received by the Returning Officer, or an authorised representative of the Returning Officer, in Singapore.”.