The Elections (Integrity of Online Advertising) (Amendment) Bill was introduced in parliament on 9 September 2024. This bill aims to amend the Parliamentary Elections Act 1954 (PEA) and the Presidential Elections Act 1991 (PrEA) to restrict digitally manipulated content during elections, including AI-generated misinformation, commonly known as deepfakes. From the issuance of the writ to the close of polling on polling day, there will be a prohibition on digitally generated or manipulated Online Election Advertising (OEA) that realistically depicts a candidate saying or doing something they did not say or do. This prohibition does not apply to non-candidates or content outside the election period.
Background
Ahead of the bill’s introduction, a spokesperson from the Ministry of Digital Development and Information (MDDI) explained that the legislation is focused on election-specific concerns. After the election, a code of practice will be established to set ground rules for social media platforms against such content. The Infocomm Media Development Authority (IMDA) will engage social media platforms in the coming months to develop this code of practice. Additionally, for the first time, the Elections Department Singapore (ELD) will publish the names of prospective candidates who have paid their deposit before nomination day and consented to have their names known by ELD. Only candidates on this list will be covered by the ban.
What is covered by the bill?
The bill prohibits OEA that realistically depicts candidates saying or doing things they did not say or do. OEA refers to online material that can influence the electoral success or prospects of political parties or candidates or otherwise affect their standing in connection with any election. The ban also applies to acts that amplify access to existing offending content, such as paying to boost, sharing, linking, or reposting such content. Examples of prohibited OEA include realistic audiofakes, manipulated images and videos, and AI-generated campaign material. However, animated characters, minor modifications, and entertainment content that do not realistically depict a candidate are not covered by the bill.
Exemptions for private communication & news
The ban does not apply to content communicated privately between individuals. An MDDI spokesperson clarified that private conversations, such as family group chats, are exempt, while large WhatsApp groups discussing current affairs are not. The ban also exempts content published by authorised news agencies to allow for factual reporting on prohibited content.
How will offending content be dealt with?
Candidates can request the Returning Officer (RO) to review content that may breach the prohibition. Misrepresented candidates can make a declaration to attest to their claim’s veracity. The RO can then issue corrective directions to individuals, social media services, and Internet Access Service Providers to take down or disable access to offending content during the election period. Non-compliance with a corrective direction may result in fines of up to S$1 million for social media services and fines not exceeding S$1,000, imprisonment for up to 12 months, or both for others. It will also be illegal for candidates to knowingly make false or misleading declarations about the impugned content to the RO.
How is this different from POFMA?
The new bill addresses content that may not be covered by the Protection from Online Falsehoods and Manipulation Act (POFMA). MDDI explained that POFMA responds when the Government knows the facts, such as falsehoods about reserves or housing prices. However, deepfakes featuring political candidates are more challenging for the Government to verify, necessitating the individual to come forward and declare the misrepresentation. The bill will be tabled for a second reading at the next available Parliament sitting.
Future implications
General elections are due to be held in Singapore by November 2025. The introduction of this bill signifies a proactive approach to safeguarding electoral integrity in the digital age. As the IMDA works with social media platforms to develop a code of practice, the effectiveness of these measures will be closely watched. The evolving landscape of AI and digital manipulation will likely prompt further legislative and regulatory actions to ensure transparency and trust in the electoral process.
