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Requisite functionalities under section 42E(2)(d)(ii) of Act for online election advertisements published in chatrooms and discussion forums

Presidential Elections (Election Advertising) Regulations 2023

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—(1) For the purposes of section 42E(2)(d)(ii) of the Act, an online election advertisement published in a chatroom or discussion forum must have all the following requisite functionalities:(a)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;(b)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. (2) For the purposes of paragraph (1), the candidate or the candidate’s election agent must —(a)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(b)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.(3) A person who is appointed as a moderator of a chatroom or discussion forum is responsible for ensuring that each requisite functionality mentioned in paragraph (1) is complied with.(4) A person who fails to comply with any requirement under paragraph (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.(5) In this regulation, “chatroom” or “discussion forum” means an online location that end‑users of an electronic service are able to —(a)access using the electronic service; and(b)communicate content or interact online with other end‑users or a designated segment of end‑users.

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