Singapore legislation

Section 42R

of Presidential Elections Act 1991

Section 42R

Supplementary interpretive provisions for election advertising controls

Amended byAct 34 of 2024 wef 22/01/2025Act 9 of 2023 wef 01/06/2023

(1)

In this Subdivision and Subdivisions (1), (2) and (3) —

Definition

“a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else;

Definition

“authorised news agency” means the holder of —

(a)

a permit granted under the Newspaper and Printing Presses Act 1974; or

(b)

a broadcasting licence granted under section 8, or deemed granted under section 9, of the Broadcasting Act 1994;

Definition

“campaign period”, in relation to an election, means the period —

(a)

starting immediately after nomination proceedings end on the day of nomination for that election and the election is adjourned under section 16(1)(a) to enable a poll to be taken in accordance with this Act; and

(b)

ending with the start of cooling-off period for that election, as defined in section 42C(4);

Definition

“election period”, in relation to an election, means the period —

(a)

starting when a writ of election is issued under section 6 for the purposes of the election; and

(b)

ending with the close of polling on polling day at that election;

Definition

“functionality”, in relation to an electronic service or an internet access service, includes —

(a)

any feature that enables interactions of any description between end-users of the service;

(b)

any feature that enables end-users to search online locations or databases, index search results or otherwise retrieve information or material from the search results; and

(c)

any feature enabling an end-user to do anything as follows:

(i)

creating a user profile, including an anonymous or a pseudonymous profile; (ii)searching within the service for user-generated content or other users of the service;

(iii)

forwarding content to, or sharing content with, other users of the service;

(iv)

sharing content on any internet-based services;

(v)

sending direct messages to or speaking to other users of the service, or interacting with them in another way (such as by playing a game);

(vi)

expressing a view on content; Examples (a) Applying a “like” or “dislike” button or other similar button. (b) Applying an emoji or a symbol of any kind. (c) Engaging in yes/no voting. (d) Rating or scoring content in any way.(vii)sharing current or historic location information with other users of the service, recording a user’s movements or identifying which other users of the service are nearby;

(viii)

following or subscribing to particular kinds of content or particular users of the service;

(ix)

creating lists, collections, archives or directories of content or users of the service;

(x)

tagging or labelling content present on the service;

(xi)

uploading content relating to goods or services;

(xii)

applying or changing settings on the service which affect the presentation of user-generated content on the service;

(xiii)

accessing other Internet services through content present on the service (such as through hyperlinks);

Definition

“identity particulars” means —

(a)

for an individual — his or her full name as shown in his or her passport or other identity document and any other identifying particulars prescribed (if prescribed); or

(b)

for an entity —

(i)

the full name of the entity; and

(ii)

any other identifying particulars prescribed (if prescribed);

Definition

“internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore —

(a)

that —

(i)

enables end-users to access content on the Internet using that service; or

(ii)

delivers content to persons having equipment appropriate for receiving that content on the Internet, where the delivery of the service is by a telecommunication service described in sub-paragraph (i); and

(b)

that is covered by a licence under the Telecommunications Act 1999,but excludes a social media service;

Definition

“MMS” means an electronic service that enables only the transmission of multimedia messages (such as visual or voice communication) from an end-user on a mobile telephone to another mobile telephone through a telecommunication service;

Definition

“money’s worth” means any service, any office or employment, or any goods or property (whether movable or immovable and whether tangible or intangible) and includes any of the following:

(a)

any virtual voucher, virtual coupon, virtual credit, virtual coin or virtual token;

(b)

any arrangement under which a party has —

(i)

an encashable legal or equitable right to receive a financial benefit;

(ii)

an encashable legal or equitable obligation to provide a financial benefit; or

(iii)

a combination of one or more such rights and one or more such obligations;

(c)

any right to receive money or something else that is money’s worth under this definition;

Definition

“permissible electoral matter” means all or any of the following, and nothing else:

(a)

the name or image (or both) of a candidate as a candidate;

(b)

the symbol allotted to a candidate under section 16;

Definition

“point-to-multipoint service” means an electronic service which allows an end-user to communicate content to more than one end-user simultaneously;

Definition

“relevant electronic service” means —

(a)

an electronic service that enables end-users to communicate, by means of email, with other end-users;

(b)

an online instant messaging service that enables end-users to communicate with other end-users;

(c)

a point-to-multipoint service;

(d)

an electronic service that enables end-users to play online games with other end-users; or

(e)

an electronic service that specialises in providing links or facilitating access to, or information about, online locations, such as (but not limited to) a search engine, directory service or web browser;

Definition

“SMS” means an electronic service that only enables the transmission of short text messages from an end-user on a mobile telephone to another mobile telephone through a telecommunication service;

Definition

“social media service” means an electronic service that satisfies all the following characteristics:

(a)

the sole or primary purpose of the service is to enable online interaction or linking between 2 or more end-users (including enabling end-users to share content for social purposes);

(b)

the service allows end-users to communicate content on the service;

(c)

such other characteristics as are prescribed;

Definition

“user-generated content”, in relation to an electronic service, means content —

(a)

that is —

(i)

generated directly on the service by an end-user of the service; or

(ii)

communicated by posting or sharing on the service by an end-user of the service; and

(b)

that may be accessed by another end-user of that service, or other users, of the service by means of that service.

(2)

In this Subdivision and Subdivisions (1), (2) and (3), a person undertakes electronic communications activity in relation to any content if the person communicates or distributes the content on or by —

(a)

an SMS;

(b)

an MMS;

(c)

a service that renders the content accessible from the Internet, such as but not limited to on or by a social media service, a relevant electronic service or an internet access service; or

(d)

a broadcasting service or other electronic service (such as real-time transmission) for reception on a computer monitor, television screen, mobile device or similar medium equipment appropriate for receiving that content.

(3)

For the purposes of section 42B(9)(b), 42D(2)(a) or 42LA(4)(a), whether any communication of content by electronic means is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors:

(a)

the number of individuals in Singapore who are able to access the content by means of the service;

(b)

any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service);

(c)

the relationship between the persons that the content is being or has been communicated;

(d)

any other relevant factor.

Amended byAct 34 of 2024 wef 22/01/2025

(4)

However, for the purposes of subsection (3), the following factors do not count as restrictions on access to content communicated by means of an electronic service:

(a)

a requirement to log in to or register with the electronic service (or part of such a service);

(b)

a requirement to make a payment or take out a subscription in order to access the electronic service (or part of such a service) or to access particular content communicated by means of that service;

(c)

inability to access the electronic service (or part of such a service) or to access particular content communicated by means of that service except by using particular technology or a particular kind of device (as long as that technology or device is generally available to the public).

(5)

For the purposes of the definition of “money’s worth” in subsection (1), a right to receive, or an obligation to provide, a financial benefit is encashable if, and only if —

(a)

the benefit is money or money’s worth;

(b)

in the case of a right, the holder thereof intends to satisfy or settle it by receiving money or money’s worth;

(c)

in the case of an obligation, the party subject to it intends to satisfy or settle it by providing money or money’s worth; or

(d)

the financial benefit is readily convertible into money or money’s worth and there is a market for the financial benefit that has a high degree of liquidity.

(6)

Any provision in this Subdivision or Subdivision (1), (2) or (3) or section 60B or 60C, or in the election advertising regulations, involving publishing content by electronic means extends to a person who engages in any conduct that constitutes an offence described in the respective provision —

(a)

wholly or partly in Singapore; or (b)wholly outside Singapore and as a result of that conduct, the offence occurs wholly or partly in Singapore.

(7)

For the purpose of subsection (6), where a person sends content or a thing containing content, or causes content or a thing containing content to be sent, by electronic means —

(a)

from a point outside Singapore to a point in Singapore; or

(b)

from a point in Singapore to a point outside Singapore,that conduct is taken to have occurred partly in Singapore.

(8)

To avoid doubt, nothing in this Act limits the operation of section 26 of the Electronic Transactions Act 2010 in relation to network service providers.

Amended byAct 9 of 2023 wef 01/06/2023