Clause 18

A person must not publish or permit or cause to be published the results of any election survey during the period beginning with the day the writ of election is issued for an election and ending with the close of all polling stations on polling day at the election.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months or to both.

The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code (Cap. 68).

In this section, “election survey” means an opinion survey of how electors will vote at an election or of the preferences of electors respecting any candidate or any issue with which an identifiable candidate is associated at an election.Exit polls ban on polling day60C.—

A person must not publish or permit or cause to be published on polling day at an election before the close of all polling stations on that day —

any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or

any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months or to both.

The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code (Cap. 68).

In this section —

“forecast” includes estimates; and

the reference to the result of an election is a reference to the result of an election either as a whole or so far as any particular candidate at the election is concerned.Defence for election advertising offences60D.—

It shall be a defence for a person charged with an offence under section 42(1) or (4), 60AA(2), 60A(3), 60B(2) or 60C(2) to prove —

that the contravention of section 42(1)(c), (d) or (e), 60A(1), 60B(1) or 60C(1) or any regulations made under section 60AA(1)(b), as the case may be, arose from circumstances beyond his control; and

that he took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.

Nothing in subsection (1) limits the operation of section 26 of the Electronic Transactions Act (Cap. 88) in relation to network service providers.”.