Presidential Elections (Election Advertising) Regulations 2023

the lodgment of a copy, detailed diagram or drawing of a traditional election advertisement with the Returning Officer, together with the identity particulars required under section 42B(4) of the Act, before the traditional election advertisement is publicly displayed;

the affixing of a stamp issued by the Returning Officer on a traditional election advertisement for the entire period it is publicly displayed;

the affixing of the permissible electoral matter of the candidate on a traditional election advertisement for the entire period it is publicly displayed;

the proper securing of a traditional election advertisement that is displayed on a lamp post.

in the case of a small traditional election advertisement — one small traditional election advertisement for every 250 electors (or part of every 250 electors); or

in the case of a large traditional election advertisement — one large traditional election advertisement for every 12,500 electors (or part of every 12,500 electors).

who is a third party at the election; and

who is not authorised by the candidate or the candidate’s election agent to publicly display the traditional election advertisement.

“small traditional election advertisement” means a traditional election advertisement that is able to fit into a space measuring 1.75 metres by 1.2 metres;

“large traditional election advertisement” means —

a traditional election advertisement that —

cannot fit into a space measuring 1.75 metres by 1.2 metres; but(B)can fit within a space measuring 9 metres by 1.2 metres; or

2 or more small traditional election advertisements that are displayed so closely to one another as to form a single traditional election advertisement that falls within sub‑paragraph (i); and

in a case where a large traditional election advertisement within the meaning of sub‑paragraph (b)(ii) is publicly displayed by or on behalf of a candidate —

each of the small traditional election advertisements that forms the large traditional election advertisement must be counted towards the maximum number in paragraph (1)(a); and

the large traditional election advertisement must be counted towards the maximum number in paragraph (1)(b).

the movement of pedestrians on any footpath; or

the traffic view of drivers of vehicles on a road if the lamp post is situated near any traffic junction.

any other traditional election advertisement publicly displayed by or on behalf of another candidate; or

any traffic sign, traffic camera or any other road or traffic infrastructure.

before a traditional election advertisement is publicly displayed by or on behalf of a candidate on any premises, conveyance, thing or structure, consent must be sought from the owner of the premises, conveyance, thing or structure; and

if prior consent is obtained, the premises, conveyance, thing or structure is a permissible location for the display of that advertisement.

it is hired by or on behalf of the candidate;

it is located within 100 metres of an election rally organised by or on behalf of the candidate; and

it is staying or moving within that location for reasons not related to the conveyance of persons attending the election rally.

it is hired by or on behalf of the candidate; and

it is located within 100 metres of an election rally organised by or on behalf of another candidate.

obstructs the Returning Officer from exercising any function under section 42N of the Act; or

obstructs any person from carrying out a direction of the Returning Officer under section 42N of the Act.

the person knowingly destroys, damages, defaces or removes a traditional election advertisement during the campaign period of an election;

the traditional election advertisement is publicly displayed by or on behalf of a candidate at the election; and

the traditional election advertisement relates to the election.

all content published in the chatroom or discussion forum during the campaign period must be recorded if the content relates to the online election advertisement;

all content published in the chatroom or discussion forum during the campaign period must be capable of being removed by the moderator appointed under paragraph (2) if the content relates to the online election advertisement.

before the start of the campaign period or the creation of the chatroom or discussion forum (whichever is later), appoint one or more persons as moderators to manage the chatroom or discussion forum; and

notify the Returning Officer of the appointment together with the declaration made by the candidate or election agent under regulation 15 in relation to the online election advertisement.

access using the electronic service; and

communicate content or interact online with other end‑users or a designated segment of end‑users.

that is clearly and conspicuously displayed in the email;

that is functioning; and

to which the recipient of the email may send a reply to the sender of the email to indicate a desire not to receive any more email containing election advertising at the email address at which the firstmentioned email was received.

that is clearly and conspicuously displayed in the election advertisement;

that is functioning; and

to which the recipient of the election advertisement may send a reply to the sender to indicate a desire not to receive any more election advertising that is sent using the electronic service.

an email address, a mobile telephone number or an online account identified by a username (called in this paragraph a contact point) is functioning in relation to an election advertisement if the contact point —

is capable of receiving content by means of email or an electronic service for at least 14 days after the election advertisement is sent; and

has the capacity, reasonably calculated in the light of the number of recipients of the election advertisement, to enable it to receive the full expected quantity of replies from the recipients by those means;

if —

a contact point is temporarily unable to receive content because of technical problems; and

steps are taken to correct these technical problems within a reasonable time by any of the following persons:

the owner of the contact point or a person authorised by the owner to use the contact point;

the provider of the email service or electronic service (as the case may be) for sending content to the contact point;

the provider of an intermediary service (including a cloud computing service provider, a data storage service provider, an email security service provider or an internet access service provider) that is necessary for the functioning of the contact point,the contact point is not taken to have ceased to be functioning;

“online account” includes —

a free account, a prepaid account and anything that may reasonably be regarded as the equivalent of an account; and

an account of an online facility, network, service or system; and

“user name”, in relation to an online account, means a unique sequence of characters that identifies a person as a user or the proprietor of the online account.

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.

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.

state the name and NRIC number of the candidate making the request;

provide the Internet address at which, or any other means by which, the online election advertisement that is the subject of the request may be accessed;

explain how the online election advertisement represents any candidate as saying or doing something that the candidate did not in fact say or do;

provide an email address or other means by which the candidate making the request may be contacted for the purposes of the request; and

include a declaration by the candidate making the request that the information provided in the request is true and complete to the best of his or her knowledge, information and belief.