Statute Details
- Title: Films (Election Campaign Recordings — Exemption) Notification 2011
- Act/Instrument Code: FA1981-S133-2011
- Type: Subsidiary legislation (SL)
- Authorising Act: Films Act (Cap. 107), in particular section 40(2)
- Commencement: 14 March 2011
- Current status/version: Current version as at 27 Mar 2026
- Key provisions (as provided): Sections 1–8 (including exemptions and limitations)
- Important amendments noted in extract: Amended by S 54/2025 (with specified “wef” dates)
- Related legislation (as provided): Parliamentary Elections Act 1954; Public Order Act 2009
What Is This Legislation About?
The Films (Election Campaign Recordings — Exemption) Notification 2011 is a Singapore legal instrument that creates a targeted exemption regime for certain election-related video recordings. In plain terms, it allows election campaign recordings—defined narrowly by what they show and how they are made—to be handled, exhibited, and distributed without having to comply with particular film regulatory steps that would otherwise apply under the Films Act.
The Notification is designed to balance two policy goals. First, it recognises that election campaigns often rely on timely audiovisual documentation of lawful election-related events (such as performances, assemblies, or processions). Second, it preserves safeguards by limiting the exemption to recordings that meet strict definitional criteria and by excluding unlawful films or unlawful publication.
Practically, the Notification is most relevant to political parties, candidates, election agents, and anyone involved in producing or disseminating election campaign videos online. It clarifies how the Films Act’s requirements interact with election campaigning—especially in the context of internet exhibition and distribution through modern digital channels.
What Are the Key Provisions?
1. Citation and commencement (Section 1)
Section 1 provides the legal citation and states that the Notification came into operation on 14 March 2011. This matters because the definition of “election campaign recording” is tied to recordings made on or after the commencement date.
2. Definitions that narrow the exemption (Section 2)
Section 2 is critical because it defines the scope of the exemption. Several terms are incorporated by reference to the Parliamentary Elections Act 1954 (for example, “candidate”, “election”, “election agent”, “group”, and “political party”). This ensures consistency in who and what counts as election participants and election concepts.
The Notification then defines the core concept: “election campaign recording”. In summary, it is a film made on or after commencement that records live the whole or a material proportion of a performance, assembly of persons, or procession that is:
- held in accordance with the law;
- held in connection with election activity; and
- does not depict any event, person or situation in a dramatic way.
It must also consist of, or include, the sounds and images of that event without additions, omissions, substitutions or other modifications. The definition excludes films “wholly or substantially based on an unscripted or ‘reality’ type programme.”
Other definitions expand the Notification’s reach into digital distribution. For example:
- “election activity” covers activities within an election period that promote or procure electoral success (or otherwise enhance standing with the electorate).
- “election period” runs from the issuance of the writ to the start of the eve of polling day.
- “distribute” is defined as supplying by electronic transmission, including by electronic mail, and by micro-blog, MMS, SMS, electronic media applications, or social networking services.
- “exhibit” means making available on the Internet, but expressly excludes distributing and excludes projecting/screening at public places within the meaning of the Public Order Act 2009.
These definitions are not merely technical. They determine whether a given video and the manner of its online dissemination qualify for exemption.
3. Exemption from depositing in an approved warehouse (Section 3)
Section 3 exempts every person from section 12(1) of the Films Act in respect of any election campaign recording made during the election period of any election.
In practical terms, this removes a compliance step that would otherwise require deposit of films in an approved warehouse (a mechanism associated with classification/handling under the Films Act framework). The exemption is time-bound: it applies to recordings made during the election period.
4. Exemption for possession (Section 4)
Section 4 exempts every person from sections 14 and 21(1) of the Films Act in respect of possession (during the election period or otherwise) of any election campaign recording.
This is important for custodianship and operational realities: campaign teams, media contractors, and distributors may store recordings before, during, and after the election period. The exemption for possession reduces the risk that holding the recording itself triggers Films Act obligations.
5. Exemption for exhibition on the Internet (Section 5)
Section 5 provides an exemption from section 21(1) for exhibiting on a site during the election period an election campaign recording that records live the whole or a material proportion of a lawful performance/assembly/procession held in connection with election activity connected with that same election.
It also permits continued exhibition outside the election period on the same site, provided the exhibition itself does not contravene the Parliamentary Elections Act 1954.
Two practitioner takeaways follow:
- The exemption is tied to the recording’s qualifying characteristics (live, whole/material proportion, lawful event, election activity connection).
- Even after the election period ends, the recording may remain online on the same site, but only if the act of exhibition does not breach election law restrictions.
6. Exemption for distribution on the Internet (Section 6)
Section 6 similarly exempts from section 21(1) for distributing election campaign recordings during or outside the election period where the recording:
- records live the whole or a material proportion of a lawful event held in connection with election activity connected with the same election; or
- was exhibited during the election period of the same election or an earlier election in accordance with paragraph 5.
Again, the exemption is conditional: the act of distribution must not contravene the Parliamentary Elections Act 1954.
7. Exemption for transient reproduction during distribution (Section 7)
Section 7 (as shown in the extract) provides an exemption for making temporary or transient reproductions of an election campaign recording if the reproduction is made incidentally as part of the technical process of exhibiting during the election period (and, based on the structure of the Notification, it would also cover technical steps in distribution and related processes).
This type of provision is common where digital systems inevitably create short-lived copies (caching, buffering, streaming, or other technical reproductions). The legal point is to prevent technical infrastructure from defeating the exemption.
8. No exemption for unlawful films or unlawful publication (Section 8)
Section 8 is the safeguard. It states that there is no exemption for unlawful films or unlawful publication. While the extract does not reproduce the full text of Section 8, its function is clear: even if a recording fits the definition of “election campaign recording,” the exemption will not protect unlawful content or unlawful dissemination.
For practitioners, this is the “escape hatch” for enforcement authorities: compliance with the Films Act exemption is not a blanket immunity. Election-related content must still comply with other legal constraints, including those under the Parliamentary Elections Act 1954 and any other applicable laws.
How Is This Legislation Structured?
The Notification is structured as a short, self-contained instrument with eight sections:
- Section 1 sets out citation and commencement.
- Section 2 provides definitions, including the key definitional boundaries for “election campaign recording,” “election period,” “exhibit,” and “distribute.”
- Sections 3–7 create a series of exemptions from specific Films Act obligations, covering: (i) depositing in an approved warehouse, (ii) possession, (iii) exhibition on the Internet, (iv) distribution on the Internet, and (v) transient technical reproductions.
- Section 8 limits the exemptions by excluding unlawful films or unlawful publication.
Notably, the Notification uses cross-references to the Parliamentary Elections Act 1954 and the Public Order Act 2009 to define boundaries around election activity and public place screening/projection.
Who Does This Legislation Apply To?
The Notification applies to “every person” in relation to election campaign recordings. That broad phrasing captures individuals and organisations involved in making, possessing, exhibiting, and distributing qualifying election campaign recordings.
In practice, the most likely affected parties include political parties, candidates, election agents, campaign volunteers, media production contractors, and digital operators (including those managing websites, social networking pages, and messaging distribution). However, the exemption is not automatic for all election content: it depends on whether the film meets the definition of “election campaign recording” and whether the relevant acts (exhibition/distribution) comply with the Parliamentary Elections Act 1954.
Why Is This Legislation Important?
This Notification is important because it provides legal certainty for election campaigning in a digital environment. Without such an exemption, the Films Act’s general film handling requirements could create friction for election teams trying to document and share lawful election events promptly.
From a compliance perspective, the Notification offers a structured approach: if the recording is made in the qualifying manner (live, lawful event, not dramatic, no prohibited modifications) and if the online conduct fits within the defined “exhibit” and “distribute” pathways, then specified Films Act obligations are lifted. This reduces the risk of inadvertent regulatory breach when campaigns use mainstream online channels such as email, SMS/MMS, micro-blogs, and social networking services.
At the same time, Section 8’s “no exemption for unlawful films or unlawful publication” and the repeated condition that exhibition/distribution must not contravene the Parliamentary Elections Act 1954 mean that practitioners must still conduct substantive legal review. The exemption is procedural and conditional; it does not replace election-law compliance or content legality analysis.
Related Legislation
- Films Act (Cap. 107) — in particular section 40(2) (authorising the Notification) and the provisions from which exemptions are granted (e.g., sections 12(1), 14, 21(1).
- Parliamentary Elections Act 1954 — definitions incorporated into the Notification and the election-law compliance condition for exhibition/distribution.
- Public Order Act 2009 — relevant to the exclusion of projecting/screening at public places from the definition of “exhibit.”
Source Documents
This article provides an overview of the Films (Election Campaign Recordings — Exemption) Notification 2011 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.