Section 60A
Election advertising ban
of Presidential Elections Act 1991
(1)
Except as otherwise provided by or under subsection (2), a person must not, at any time on polling day or the eve of polling day at an election —
knowingly publish, or knowingly cause or permit to be published, any election advertising among any electors; or
knowingly display, or knowingly cause or permit to be displayed, any election advertising on any vehicle, thing or structure.
(2)
Subsection (1) does not apply to —
the distribution of a book, or the promotion of the sale of a book, for not less than its commercial value, if the book was planned to be published regardless of whether there was to be an election;
the publication of any news relating to an election —
in a newspaper in any medium by a person permitted to do so under the Newspaper and Printing Presses Act 1974; or
in a radio or television broadcast by a person licensed to do so under the Broadcasting Act 1994;
the telephonic or electronic transmission by an individual to another individual of the firstmentioned individual’s own political views, on a non‑commercial basis;
any election advertising that was lawfully published or displayed before the start of the eve of polling day on what is commonly known as the Internet and that was not changed after its publication or display;
the continued lawful display or posting of posters or banners that have been displayed or posted before the start of the eve of polling day at any election; and
such activities or circumstances as the Minister may prescribe.
(3)
Any person who contravenes subsection (1) shall be guilty of an offence and 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.
(4)
It is a defence for a person charged with an offence under subsection (3) to prove —
that the contravention of that subsection arose from circumstances beyond his or her control; and
that he or she took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise,and nothing in this subsection limits the operation of section 26 of the Electronic Transactions Act 2010 in relation to network service providers.
(5)
Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010.