GENERAL ELECTION CAMPAIGNS (Change of laws and regulations on use of Internet and podcasts)

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GENERAL ELECTION CAMPAIGNS:

(Change of laws and regulations on use of Internet and podcasts): 9.

Mr Low Thia Khiang asked the Minister for Information, Communications and the Arts whether the Government intends to change the laws and regulations concerning the use of Internet and

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new technologies such as podcasts for campaigning during the General Election and, if so, what will be the main changes and when will such changes be made public.

The Senior Minister of State for Information, Communications and the Arts (Dr Balaji Sadasivan) (for the Minister of Information, Communications and the Arts): Mr Speaker, Sir, currently, there are several pieces of legislation and guidelines which cover Internet campaigning issues or which touch on such matters. These include the Parliamentary Elections Act (PEA) and the Election Advertising Regulations under the PEA, and the Class Licence Scheme and the Internet Code of Practice administered by the Media Development Authority (MDA).

Political parties, candidates and election agents are permitted to use the Internet for election advertising based on a "positive list" of activities listed in the Election Advertising Regulations.

The "positive list" ensures the responsible use of the Internet during the elections. In a free-for-all Internet environment, where there are no rules, political debates could easily degenerate into an unhealthy, unreliable and dangerous discourse flushed with rumours and distortions to mislead and confuse the public. The Government has always maintained that political debates should be premised on factual and objective presentation of issues and arguments. The regulations governing Internet campaigning have served well to safeguard the seriousness of the electoral process.

Political parties, candidates and their election agents will continue to be guided by the "positive list" in the Election Advertising Regulations in the coming general elections. Party political websites

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must be registered with the MDA. Failure to register is a breach of the class licence conditions.

Private or individual bloggers can discuss politics. However, if they persistently propagate, promote or circulate political issues relating to Singapore, they are required to register with the MDA. During the election period, these registered persons will not be permitted to provide material online that constitutes election advertising.

Mr Low has asked about podcasting. I take podcasting to mean the provision of an audio feed over the Internet to subscribers. As I have noted, during the election period, political parties, candidates and election agents must keep to permitted election advertising set out in the "positive list". Podcasting does not fall within this list.

There are also some well-known local blogs run by private individuals who have ventured into podcasting. The content of some of these podcasts can be quite entertaining. However, the streaming of explicit political content by individuals during the election period is prohibited under the Election Advertising Regulations. A similar prohibition would apply to the videocasting, or video streaming of explicitly political content.

At this point, the Government has no intention to amend the legislation regulating Internet campaigning during an election. But the review of Government regulations is a continual process so as to ensure that they are kept up-to-date. We recognise that in our society, people will have diverse opinion and some will want to share their opinion. But people should not take refuge behind the anonymity of the Internet to manipulate public opinion. It is better and more responsible to engage in political debates in a factual and objective manner.

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Mr Low Thia Khiang: Clarification, Sir. Do I understand that unless what is allowed is being listed, whatever new technology that comes along, one is not allowed to apply and use it for political advertisement purposes?

Dr Balaji Sadasivan: The purpose of a "positive list" is to define what is allowed. And if it is not on the "positive list", then it is not allowed.

Mr Steve Chia Kiah Hong: Sir, I would like to ask the Senior Minister of State, if any concerned citizen takes what is on the "positive list" on the Internet, prints it out, and circulates it on his own to the residents in a contested constituency, is that an offence?

Dr Balaji Sadasivan: Let me clarify. I want to clarify that private individuals are not prohibited from commenting on politics, either before or during the election period. They can give their own personal views, for example, what they think about the candidate or a political party. But if such individuals or groups use their blogs or websites as vehicles to promote political discussion in a consistent fashion or propagate political ideals or use their blogs as vehicles to support one party, in other words, they are called individual sites, but they really act like a party website, then they would be required to register.

Mr Steve Chia Kiah Hong: Sir, may I clarify with the Senior Minister of State? He did not answer my question exactly. My question is this. From the "positive list" of the websites that are approved and registered, a concerned citizen downloads all these materials and prints them out on his own, using photostating machine or whatever, and distributes them to the mail boxes of the residents in their constituency, is he allowed?

Dr Balaji Sadasivan: Sir, every case will have to be considered on the facts of

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the case. So, one would have to look at the facts of the case that he has presented. What he is presenting is he is saying that an individual who acts like a political party.

Mr Steve Chia Kiah Hong: As an individual.

Dr Balaji Sadasivan: If an individual acts like an individual, then he is an individual. But if an individual uses his website and acts like a political party, then even though he calls himself "an individual", we will have to treat it like a political party. So, as I have said, we need to look at the facts and details of each case and then decide.

Mr Steve Chia Kiah Hong: Sir, the facts of the case, as I explained, is that they are citizens who want to download materials from the approved list to distribute ---

Mr Speaker: Mr Chia, you have repeated your questions twice.

Mr Steve Chia Kiah Hong: The Minister did not answer my question.

Dr Balaji Sadasivan: Let me clarify to Mr Chia. Should he have somebody who takes his party's information, cyclostyles and distributes it, he must be his election agent. He should not allow people whom he has not authorised to do that.

Mr Low Thia Khiang: What about people who help to do photostating?

Dr Balaji Sadasivan: Yes, if he is his authorised helper.

Mr Steve Chia Kiah Hong: If we do not know them.

Mr Low Thia Khiang: Let me give the Minister of State a scenario. An individual decides to send out SMS message across

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to the people, is it under the "positive list", or is it not?

Dr Balaji Sadasivan: Sir, email and SMS fall within the realm of private communication. So the Government has no wish to intrude into people's privacy. However, if he is still seeking to use mass email and mass SMS as tools to influence people or to affect the outcome of an election he should realise that he is still governed by the laws of the land, and this includes libel. They should not assume the fact that emailing or SMSing information gives them the licence to say anything they want. So the laws of the land apply, but SMSes and emails are generally considered as private communication, and we do not want to intrude on it.

Mr Speaker: Mr Low, last question.

Mr Low Thia Khiang: At which point would a person whom the law of the land defines as "an individual" becomes a political party or a political party machine? Can he please clarify and define it?

Dr Balaji Sadasivan: Sir, currently, only a handful of websites are registered with MDA, and they consist largely of political party websites, like Mr Low's party and the PAP, and registered political associations, like the Think Centre. In general, we have dealt with the Internet with a light touch and have allowed individuals to express their views on the elections and politics on their websites. But should an individual decide to use his website so that it looks like his party's website and does the function of his party's website or my party's website, then it is not an individual's opinion, it is a site that acts like a party's website.

Mr Low Thia Khiang: How do we define "looks like"? Can he please explain?

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Dr Balaji Sadasivan: That is why, Sir, I said that in any case, the facts of the case have to be seen. But we have dealt with the Internet with a light touch and other than the party political sites and sites, like the Think Centre, this handful of sites is registered. All the rest of the individuals are expressing their opinions freely.

Mr Steve Chia Kiah Hong: I would like to clarify with the Minister. It is important.

Mr Speaker: If it is the same question, I think it is answered already.

Mr Steve Chia Kiah Hong: The clarification is that this individual, whom we do not know, is not our election agent or election helper. This is an individual in the constituency who wants to download anything and distributes it to the residents in the contested constituency. Is it an offence?

Dr Balaji Sadasivan: Sir, during the election period, anyone who distributes election material must be registered.