NON-PERMITTED FORMS OF ONLINE ELECTION ADVERTISING

Candidates may only publish Online Election Advertising (OEA) in the manner set out in section 42E of the Presidential Elections Act 1991 and the Presidential Elections (Election Advertising) Regulations 2023.

For the avoidance of doubt, candidates are not permitted to publish any of the following on the Internet:

1. any election survey within the meaning of section 60B of the Presidential Elections Act 1991;
2. any exit poll within the meaning of section 60C of the Presidential Elections Act 1991;
3. any appeal to the public or a section of the public to make any donation the acceptance of which is unlawful under the Foreign Interference (Countermeasures) Act 2021; and
4. any party political film within the meaning of the Films Act 1981 or any film where its publication on the Internet constitutes the distribution or exhibition of which is contrary to the provisions of that Act.

If any non-permitted OEA is published during the election period, the Returning Officer may require that the non-permitted OEA be taken down from the Internet. It is an offence to publish non-permitted OEA and for failing to comply with the Returning Officer’s directions.

Online Election Advertising (OEA) may only be published by or on behalf of a candidate during the campaign period, if a declaration by the candidate or any of his election agents is submitted to the Returning Officer. Every nominated candidate is required to declare to the Returning Officer the particulars of every OEA platform, online account and communication service (e.g. website, blog, social media service, emails, MMS, SMS, private messaging service) on which the OEA is or will be published by or on behalf of the candidate during the campaign period. Candidates should note that amplifying access to the OEA, such as boosting, reposting, sharing or resharing existing OEA is subject to the same requirements as publishing fresh OEA, and must also be declared to the Returning Officer.

Candidates must submit their OEA declarations online via Candidate Services. A candidate who is returned unopposed and declared elected need not submit any such declaration.

The first OEA declaration must be submitted to the Returning Officer within 12 hours after the start of the campaign period, if the OEA is published within 12 hours after the start of the campaign period. Thereafter, a declaration must be submitted to the Returning Officer at any time before the OEA is published during the campaign period by or on behalf of a candidate on any new platform. Each declaration must set out sufficient particulars to allow the Returning Officer to access the online platform or online service used to publish the OEA. All OEA declarations will be put up on the Elections Department website for public access.

For each instance of paid OEA (i.e. OEA for which the production or publication of the content is paid for in money or money’s worth), the declaration must also state additional information, including:

1. the identity particulars of the publisher(s) of the paid OEA;
2. the date on which the paid OEA was or will be first published on the Internet and the period of publication or intended publication; and
3. that the publisher(s) received or is to receive, directly or indirectly, payment in money or money’s worth for the publication of the paid OEA from the candidate, the candidate’s election agent, or any other person.

In the event of undeclared or improperly declared OEA, the Returning Officer may specify the actions required of the candidate or any of his election agents to rectify this. Failure to comply with the Returning Officer’s directions is an offence.

	AUTHORISATION BY THIRD PARTIES TO PUBLISH PAID OEA

A candidate or any of his election agents can authorise third parties to publish paid OEA by issuing the Authority to Publish or Cause to be Published Content that is or Includes Paid Online Election Advertising form to him. The form must be signed by a candidate or any of his election agents, before the third party is allowed to publish paid OEA.

The form will be provided to candidates at the end of nomination proceedings on Nomination Day if the election is contested. Candidates and their election agents can also download the form via Candidate Services.

To comply with the published-by requirements, all Online Election Advertising (OEA) published during the election period must display clearly the identity particulars, i.e. the full name(s), of:

1. every person who authorised the publishing of the OEA;
2. every person for whom or at whose direction the OEA is published; and
3. every person who approved the content of the OEA.

Note: In cases where the person(s) who approved the content of the OEA or directed the publication of the OEA are the same as the person(s) who authorised the publication of the OEA, then b. and c. need not be stated on or in the OEA.

The identity particulars must be displayed:

1. on or in the OEA itself; or
2. if it is not reasonably practicable to do so, in an online location (e.g. a website) that is directly accessible from the OEA.

For paid OEA, i.e. where all or part of the production or publication of the OEA is paid for in money or money’s worth, the OEA should additionally display:

1. that it was paid for, using words like “sponsored by” or “paid for by”; and
2. the identity particulars of every person who paid for it.

A candidate who maintains a chatroom or discussion forum must ensure that there is a moderator for the chatroom or discussion forum. The moderator must:

1. keep a full record of all messages (including text, visual images and audio) published in the chatroom or discussion forum during the campaign period if the content relates to Online Election Advertising (OEA); and
2. be able to immediately remove any content published in the chatroom or discussion forum during the campaign period if the content relates to OEA.

Chatrooms and discussion forums that are maintained on the candidate’s behalf should not contain anything that is against the law, public interest, public order or racial harmony, offends good taste or decency or engage in negative campaigning practices such as denigrating or making false statements about opposing candidates. The candidate shall exercise due diligence to ensure that these chatrooms and discussion forums do not contain such content, or content that is prohibited under any other written law.

For further details on the regulations concerning OEA published in chatrooms and discussion forums, refer to regulation 13 of the Presidential Elections (Election Advertising) Regulations 2023.