A NEW law banning the publication of false digital representations of candidates during election periods will ensure the veracity of their representation and the integrity of elections in Singapore.

Minister for Digital Development and Information Josephine Teo said this in Parliament during the debate on the Elections (Integrity of Online Advertising) (Amendment) – or Eliona – Bill, which was passed into law Tuesday October 15.

The law amends Singapore’s election laws and will tackle the “most harmful types” of election-related content, which misleads or deceives through a “sufficiently realistic” misrepresentation of a candidate’s speech or actions, a Teo said.

This comes ahead of the country’s next general election, which is due to take place by November 2025.

For content to be prohibited, four legal conditions must be met: be or include online election advertising; be digitally manipulated; misrepresent; and be realistic enough for some members of the public to believe it.

This includes content edited using artificial intelligence and “more traditional” methods such as Photoshop, dubbing and splicing.

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Other jurisdictions, such as South Korea and Brazil, have passed similar legislation, Teo noted, pointing out that deepfake content has proliferated because it has become very easy and cheap to produce.

She cited a recent study by research agency Verian, which showed that more than six in ten Singaporeans are concerned about the potential impact of deepfakes in the upcoming election.

Conditions and warnings

The ban will not apply to unrealistic characters and cartoons; cosmetic modifications such as beauty filters and color adjustments; entertainment content such as memes and satire; and unrealistic campaign posters.

But labeling manipulated content as such will not automatically exempt it from the ban, as a label may not be noticed by everyone and there are ways to remove it before it is recirculated, Teo noted.

Whether the ad favors a candidate is irrelevant. Publishing, in the case of this legislation, includes boosting, sharing and re-publishing existing content – ​​but the law will provide a defense for those who inadvertently commit the offense.

While sharing between individuals or within closed groups is not subject to the law, prohibited content communicated in large chats on platforms like WhatsApp and Telegram – which involve many strangers and are open to the public – is. . In these cases, the government will assess whether action needs to be taken.

The ban does not apply to information published by authorized news agencies, in order to facilitate fair reporting.

Subject to realism, Teo said this would be assessed objectively, without a set of universal criteria. But generally speaking, suitability to candidates’ characteristics and mannerisms, as well as the use of real people, events and places could be considered.

She recognized that individual experiences, beliefs and cognitive biases mean that viewers perceive the same content from different perspectives. “In this regard, the law will apply as long as there are members of the public who could reasonably believe that the candidate actually said or did what was described,” she said.

Application and effects

The new law empowers the returning officer to issue corrective instructions regarding prohibited content, remove it or disable access to it.

The proposed safeguards will apply during the election period – from the issuance of the writ of election until the close of polls on election day. They will apply to potential candidates who pay the election deposit and consent to their name being made public by the Department of Elections.

Several MPs raised questions about the duration and scope of the ban.

“If we are to effectively ensure the integrity of elections, the protections provided by the bill must be available when election activities are most intense and troublemakers most active,” Teo said. “It’s usually election time.”

While sharing the concerns of People’s Action Party MP Yip Hon Weng and Workers’ Party MP He Ting Ru that misleading information can influence public opinion even before the election period, the minister added: “In Practically, however, even if we wanted Eliona to take effect “X” days before an election, we cannot do so until the writ is issued and Election Day is revealed. »

This is why a code of practice is being developed, to require certain social media services to implement safeguards beyond the election period. The government intends to finalize the Code for publication in 2025.

As for why the law does not cover false statements by people other than candidates, such as celebrities, Teo responded that this requires taking into account the definition of influence and the changing dynamics of influence as political competition develops.

The minister said that in reviewing the reported content, the government would prioritize the returning officer candidates’ reports and rely on their statements to determine whether the content is false.

Indeed, they are in the best position to quickly determine whether a statement is truthful and accurate, she said, noting that the government is unlikely to have all the evidence of the candidates’ speeches or actions.

But to deter abuse of the law – for example, candidates asking to remove unfavorable but factual content – ​​knowingly making a false or misleading statement will be considered an illegal practice and punished accordingly.

An independent technical evaluation will also be conducted using commercial detection tools and those developed internally and in partnership with researchers.

Other candidates and the public can also flag content for review. In such cases, a declaration will be requested from the represented candidate, but the returning officer may proceed without this declaration if refused, given that he or she has objective information that the content is in violation.

A dedicated team will be stationed to monitor and act quickly on prohibited content during the election period.

The Department of Elections will provide updates on how it will notify the public of corrective instructions “in due course.” Those who believe that a corrective instruction is erroneous may appeal.

If a social media service provider fails to comply with a remedial direction, it can be fined up to S$1 million, under similar legislation. All others, including individuals, are liable to a fine not exceeding S$1,000, imprisonment for a term not exceeding 12 months, or both.