61N. Corrective directions for online election advertising

Amended

Last amended by an amending law of 2024. 2 amendments in all.

(1)

Where the Returning Officer reasonably believes that an offence under section 61B, 61C, 61F, 61K, 61M, 61MA, 78C, 78D or 83(5) is being or has been committed, resulting in or involving publishing in Singapore by electronic means any online election advertising, the Returning Officer may, by written direction, require a relevant person —

(a)

to do one or more of the following as the Returning Officer considers appropriate:

(i)

to take all reasonable steps to ensure the removal, from the social media service, relevant electronic service or internet access service (as the case may be) of the online election advertising identified in the direction;

(ii)

to take all reasonable steps to disable access to the online election advertising on the social media service, relevant electronic service or internet access service (as the case may be) by end-users in Singapore who use or may use the service;

(iii)

to take all reasonable steps so as to stop or reduce electronic communications activity involving, provision of or access to, or further electronic communications activity involving, further provision of or access to, that online election advertising by end‑users in Singapore of the social media service, relevant electronic service or internet access service; and

(b)

to do so within the period specified in the written direction, or any extension of that period that the Returning Officer may allow in any particular case.

(2)

Any relevant person who, without reasonable excuse, fails to comply with a direction given under subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

in the case of a provider of a social media service — to a fine not exceeding $1,000,000; or

(b)

in any other case — to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.

(2A)

A candidate may make a request in the prescribed form and manner for the Returning Officer to give a direction under subsection (1) in respect of an offence under section 61MA.

(2B)

A candidate commits an illegal practice if he or she —

(a)

knowingly makes a false or misleading declaration in a request under subsection (2A); or

(b)

makes a request under subsection (2A) knowing that a material particular of the request is false or misleading.

(3)

In this section, “relevant person” means —

(a)

a candidate at an election in an electoral division;

(b)

a political party with one or more candidates at an election in an electoral division;

(c)

a third party in relation to an election in an electoral division who is connected with the commission of the offence but not a person mentioned in paragraph (d); or

(d)

a provider of a social media service, a relevant electronic service or an internet access service.