Singapore legislation
Regulation 15
of Presidential Elections (Election Advertising) Regulations 2023
Regulation 15
Prescribed procedure and details for declaration of election advertisements under section 42E(3) of Act
Subregulation 1
For the purposes of section 42E(3) of the Act, the declaration to be made by a candidate or the candidate’s election agent under section 42E(2)(d)(i) of the Act must be submitted to the Returning Officer through the Internet website of the Elections Department at https://www.eld.gov.sg, using the form for that purpose made available on that website.
Subregulation 2
The declaration must be accompanied by the following details:
if the election advertisement is published on an online location, or using an electronic service, that is accessible by the general public, or if access to the online location or electronic service is subject to a precondition (like a password) or is otherwise restricted — the name and other sufficient particulars about the online location or electronic service to enable the Returning Officer to access that online location or electronic service; or
if access to the online location or electronic service is not reasonably practicable — the name and other sufficient particulars to enable the Returning Officer to identify and contact the proprietor or operator of the online location or electronic service, as the case may be.
Subregulation 3
In addition, if an election advertisement —
is paid for in money or money’s worth by a person; and
is published or to be published on an online location or using an electronic service,a declaration under section 42E(3) of the Act must also state —
the identity particulars of each person who published the election advertisement;
the date on which the election advertisement was or will be first published and the period of publication or intended publication; and
that each person mentioned in sub‑paragraph (c) received or is to receive, directly or indirectly, payment in money or money’s worth for the publication of the election advertisement, from —
the candidate (or the candidate’s election agent) making the declaration, whether or not by way of expenditure for the purposes of the candidate’s election; or
any other person, whether or not a donor to the candidate.
Subregulation 4
When any declaration is received by the Returning Officer, the Returning Officer must without delay ensure that the declaration is open for inspection (without charge) at all reasonable hours of the day until the close of the poll in Singapore.
Subregulation 5
More than one declaration may be given under this regulation by a candidate (or the candidate’s election agent) in respect of the same online location or electronic service.
Subregulation 6
For the purposes of paragraph (2), the Returning Officer may, in writing, indicate to a candidate or the candidate’s election agent that certain specified particulars are required for the Returning Officer to access or identify the online location or electronic service.
Subregulation 7
In proceedings for an offence under section 42E(2) of the Act, a failure to provide particulars that are indicated under paragraph (6) is presumed, unless the contrary is proved, to be a failure to provide sufficient particulars for the purposes of paragraph (2).