Singapore legislation
Section 42E
Section 42E
Online election advertising, etc., in campaign period
(1)
This section applies only to election advertising that is —
online election advertising published in Singapore; or
non-online election advertising published in Singapore by electronic means.
(2)
A person commits an offence if —
the person publishes, or causes to be published, in Singapore, any content, or any thing containing content, at any time during the campaign period of an election;
the person is a candidate at the election, or is doing so on behalf of a candidate at the election;
the content is or includes election advertising that relates to the election; and
the content is or includes —
election advertising which the candidate or the candidate’s election agent did not declare to the Returning Officer in accordance with the requirements of subsection (3); or
election advertising that —
has a functionality prescribed in the election advertising regulations as impermissible for that form of election advertising; or
does not have a functionality prescribed in the election advertising regulations as requisite for that election advertising.
(3)
For the purposes of subsection (2)(d)(i), any election advertising to which subsection (1) applies must be declared by a candidate or the candidate’s election agent to the Returning Officer, in accordance with the procedure prescribed in the election advertising regulations, and accompanied by such details about it as may be prescribed (such as the online location or service used), at the following times:
no later than 12 hours after the start of the campaign period concerned, if the election advertising is published in Singapore within 12 hours after the start of the campaign period;
before the election advertising is published, if the election advertising is first published in Singapore after the start of that period unless otherwise allowed under paragraph (a).
(4)
In proceedings for an offence under subsection (2), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the content published is election advertising as described in subsection (2)(c).
(5)
Any person who is guilty of an offence under subsection (2) 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.
(6)
Subsection (2) does not apply to or in relation to any publishing in Singapore, at any time during the campaign period of an election, of election advertising in any circumstances that are prescribed by the election advertising regulations as excluded from that subsection.