Clause 18

Except as otherwise provided by or under subsection (2), no person shall, 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) shall 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 (Cap. 206); or

in a radio or television broadcast by a person licensed to do so under the Broadcasting Act (Cap. 28);

the telephonic or electronic transmission by an individual to another individual of the first-mentioned 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 may be prescribed by the Minister.(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 shall be 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 control; and

that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise,and nothing in this subsection shall limit the operation of section 10 of the Electronic Transactions Act (Cap. 88) in relation to network service providers.(5) Every offence under this section shall be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).(6) In this section, “election advertising” means any poster, banner, notice, circular, handbill, illustration, article, advertisement or other material that can reasonably be regarded as intended —

to promote or procure the electoral success at any election for one or more identifiable candidates; or

to otherwise enhance the standing of any such candidates with the electorate in connection with any election,and such material shall be election advertising even though it can reasonably be regarded as intended to achieve any other purpose as well and even though it does not expressly mention the name of any candidate, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette.(7) For the purposes of this section —

the reference to the electoral success of a candidate at any election shall be a reference to the return of the candidate at any such election; and

the reference to the doing of anything mentioned in paragraph (a) or (b) of the definition of “election advertising” in subsection (6) shall include doing so by prejudicing the electoral prospects at the election of other candidates by prejudicing the standing with the electorate of other candidates.”.