Blogging during elections - details of laws and regulations

source: Singapore laws and the MDA website accessed 21 March 2006.

The law governing parliamentary elections is the Parliamentary Elections Act. Section 78A of this law says,

78A.—(1)   The Minister may make regulations —

(b) regulating election advertising and the publication thereof during an election period on what is commonly known as the Internet by political parties, candidates or their election agents and relevant persons, including prescribing the features that must or must not appear or be used in any such election advertising.

(2)   Any person who contravenes any regulations made under subsection (1) (b) 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.

-- Source: http://statutes.agc.gov.sg/

The bold italics have been put in by me, as these terms are defined in the same Act.

Parliamentary Elections Act, Section 2 contains this definition:

"election advertising" means any poster, banner, notice, circular, handbill, illustration, article, advertisement or other material that can reasonably be regarded as intended - 

(a) to promote or procure the electoral success at any election for one or more identifiable political parties, candidates or groups of candidates; or 

(b) to otherwise enhance the standing of any such political parties, candidates or groups of candidates with the electorate in connection with any election, 

and such material shall be election advertising even though it can reasonably be regarded as intended to achieve any other purpose as well and even though it does not expressly mention the name of any political party or candidate, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette;

-- Source: http://statutes.agc.gov.sg/

Parliamentary Elections Act, Section 78A contains these definitions:

(3)   For the purposes of this section and any regulations made thereunder -

"election period" means 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;

"relevant person" means any person or group of persons in Singapore (other than a political party, a candidate or his election agent) which 

(a) provides any programme on the World Wide Web through what is commonly known as the Internet under a class licence; and

(b) is required under the conditions of the class licence to register with the Media Development Authority of Singapore on account of that person or group of persons engaging in or providing any programme for the propagation, promotion or discussion of political issues relating to Singapore,

and a person or a group of persons shall be regarded as required to register with the Media Development Authority of Singapore even though the time permitted for such registration has not expired;

-- Source: http://statutes.agc.gov.sg/

What is a relevant person permitted to do during elections?

6.  For the purposes of section 78A (1)(b) of the Act, no election advertising may be published or caused to be published on what is commonly known as the Internet during the election period by or on behalf of any relevant person.  

-- Parliamentary Elections Act (Chapter 218, Sections 78, 78A and 102) Parliamentary Elections (Election Advertising) Regulations  

 
* * * * *

At this point, it becomes necessary to look at what is meant by "class licence" and "register" as used or defined by the Media Development Authority (MDA), words that I have made into bold italics above.

At the MDA website, routing through
Home > Development and Policies > Policies & Guidelines > Internet
we find the following explanations:

Under the subheader, Internet Regulatory Framework

a) Instituting A Light-Touch Regulatory Framework
The MDA's regulatory framework for the Internet is embodied in the Broadcasting (Class Licence) Notification 2001 (PDF/68KB). Under the Class Licence Scheme, Internet Content Providers and Internet Service Providers are deemed automatically licensed and have to observe and comply with the Class Licence Conditions and the Internet Code of Practice (PDF/66KB), which outlines what the community regards as offensive or harmful to Singapore's racial and religious harmony.

For more information on the MDA's light-touch regulatory framework, please see Internet Industry Guidelines (PDF/70KB). 

-- Source: URL

As you can see from the phrases that I have made into bold italics, all Internet Content Providers (ICPs)are deemed automatically licenced. Who is an Internet Content Provider? This is defined elsewhere on the MDA website, and I will give it to you further down.

However, while all ICPs are licensed, it seems to be different from being registered, because in another part of the same webpage, it says, under the Subheader: Registration of Internet Class Licensees:

Registration of Internet Class Licensees 
Who Needs to Register:

(a) Internet Access Service Providers, Localised and Non-localised Internet Service Resellers providing computer online service; 

(b) Political parties registered in Singapore, providing any content on the World Wide Web through the Internet; 

(c) Individuals, groups, organisations and corporations engaged in providing any programme for the propagation, promotion or discussion of political or religious issues relating to Singapore on the World Wide Web through the Internet; and 

(d) Internet Content Providers who are in the business of providing through the Internet an online newspaper for a subscription fee, or other consideration. 

-- Source: URL

So it looks as if individuals who provide any "programme" on the WWW that engages in discussion (see my bold italics in two different places above) of politics are not only automatically licensed, but also have to register.

And if no one has reminded you to register? You are still a "relevant person", for in the Parliamentary Elections Act, it says (quoted above) that 

a person or a group of persons shall be regarded as required to register with the Media Development Authority of Singapore even though the time permitted for such registration has not expired;

So even if you have not done so for umpteen years, it doesn't change the fact you should have, if the MDA tomorrow says that you should have.

Ah, but ....

Internet Industry Guidelines (PDF/70KB) 

8. Internet Content Providers ("ICPs") are information providers on the World Wide Web. They include web authors and editors, web publishers and web server administrators.

9. Content Providers do not need to register with MDA, unless their web pages are primarily set up to promote political or religious causes. Registration entails giving particulars about the website. Registration does not mean the promotion of political or religious causes is not allowed. It merely serves to emphasize the need for the content providers to be responsible in what they say. This is important, given the multiracial, multi-religious nature of our society.

10. Individuals who put up personal web pages are exempted from the Class Licence, unless they are putting these web pages for business, or to promote political or religious causes.

-- source: URL 

Clause 8 defines an ICP as someone who provides information on the WWW, including web authors and publishers -- that's people who write, edit and upload stuff.

Clause 9 says you don't have to register if your site is not set up PRIMARILY to PROMOTE political causes. But it seems to conflict with "Who needs to register" item (c), which I have quoted above, that says, individuals and groups engaged in providing discussion of political issues do need to register. It doesn't say "primarily" there, nor does it say anything about "causes".

Clause 10 says personal web pages are exempted. Does that exempt blogs? But some blogs have more than one author. Are they still "personal"? Many blogs talk politics. There is discussion. So how?

Bottom line: are you a "relevant person" or not?

Footnotes

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Addenda

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