61L. Unauthorised third party non-online election advertising

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Amended

Last amended by an amending law of 2023.

(1)

A person who is a third party at an election in an electoral division commits an offence if —

(a)

the third party, at any time during the election period of an election in the electoral division —

(i)

publishes, or causes to be published, in Singapore any content by electronic means in any way other than rendering the content accessible from the Internet; or

(ii)

publicly displays, or causes to be publicly displayed, in the electoral division any content;

(b)

the content is or includes non-online election advertising that relates to the election in the electoral division; and

(c)

the third party knows or ought reasonably to have known that the content is or includes non-online election advertising that relates to the election in the electoral division.

(2)

Any person who is guilty of an offence under subsection (1) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)

However, in any proceedings for an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person was granted a written authority signed by a candidate or a candidate’s election agent in Form 22 or 23 (as the case may be) in the First Schedule.

(4)

Subsection (1) does not apply to or in relation to any of the following:

(a)

any publication of any news relating to an election by an authorised news agency;

(b)

any publishing of content by electronic means or the public display of content in other circumstances prescribed by the election advertising regulations as excluded from subsection (1).