Statute Details
- Title: Films (Presidential Election Campaign Recordings — Exemption) Notification 2011
- Act Code: FA1981-S445-2011
- Type: Subsidiary Legislation (SL)
- Authorising Act: Films Act (Cap. 107), specifically section 40(2)
- Enacting instrument number: S 445/2011
- Commencement: 2 August 2011
- Current status: Current version as at 27 Mar 2026
- Key provisions (as reflected in the extract): Sections 1–8
- Key definitions: “candidate”, “election”, “election agent”, “election activity”, “election campaign recording”, “election period”, “distribute”, “exhibit”, “modification”, and related terms for electronic platforms
- Most important operative exemptions: Sections 3–7 (warehouse deposit, possession, exhibition, distribution, transient reproduction)
- Important limitation: Section 8 (no exemption for unlawful films or unlawful publication)
- Related legislation: Presidential Elections Act 1991; Public Order Act 2009
What Is This Legislation About?
The Films (Presidential Election Campaign Recordings — Exemption) Notification 2011 is a targeted exemption instrument made under the Films Act. In plain terms, it carves out a special regulatory pathway for certain types of video recordings made in connection with a Presidential election campaign. The Notification recognises that election-related footage—such as live recordings of lawful performances, assemblies, and processions—may need to be exhibited and distributed online without triggering the full set of film-control obligations that would otherwise apply under the Films Act.
Under the Films Act, films and film materials are generally subject to regulatory controls, including requirements relating to deposit in an approved warehouse and restrictions tied to possession, exhibition, and distribution. This Notification does not repeal those controls. Instead, it provides exemptions for “election campaign recordings” as defined in the Notification, and only to the extent that the relevant acts do not contravene the Presidential Elections Act 1991.
Practically, the Notification is designed to facilitate election communications in the digital environment—especially internet-based exhibition and distribution—while maintaining safeguards against unlawful content and unlawful election conduct. It also addresses the technical realities of online viewing and sharing by exempting certain “transient” reproductions that occur incidentally during the process of accessing or receiving online content.
What Are the Key Provisions?
1. Citation, commencement, and interpretive framework (Sections 1–2). Section 1 provides the citation and commencement: the Notification comes into operation on 2 August 2011. Section 2 sets out definitions that anchor the Notification to the Presidential Elections Act 1991. For example, “candidate”, “election”, and “election agent” adopt the same meanings as in the Presidential Elections Act 1991. This is important because it ensures that the exemption is aligned with the statutory election framework and not with some broader or different concept of “election” used elsewhere.
2. The core concept: “election campaign recording” (Section 2). The exemption applies only to a specific category of film. An “election campaign recording” is defined as a film made on or after 2 August 2011 that records live the whole or a material proportion of a performance, assembly of persons, or procession that is: (i) held in accordance with the law; (ii) held in connection with election activity; and (iii) does not depict any event, person or situation in a dramatic way. The definition further requires that the film consists of, or includes, the sounds and images of that performance/assembly/procession “without any additions, omissions, substitutions or other modifications”.
This definition is crucial for practitioners because it draws a line between (a) straightforward live recording of lawful election events and (b) more edited or dramatized content. The Notification also expressly excludes films “wholly or substantially based on an unscripted or ‘reality’-type programme.” This exclusion suggests that the exemption is not intended to cover entertainment-style or narrative programming that may be styled as “reality” but is not a direct recording of a lawful election event.
3. Exemption from depositing in an approved warehouse (Section 3). Section 3 provides that every person is exempt 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 means that election campaign footage that falls within the definition does not need to be deposited in an approved warehouse during the election period. This reduces administrative burdens and supports timely dissemination during the campaign.
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 of an election campaign recording. The exemption applies during the election period or otherwise (i.e., possession outside the election period is also covered). This is significant because it protects not only the act of publishing online, but also the ability to hold copies of the footage for later use—subject to the other limitations in the Notification and the Elections Act.
5. Internet “exhibition” exemption (Section 5). Section 5 exempts a person from section 21(1) of the Films Act for exhibiting on a site during the election period any election campaign recording that records live the whole or a material proportion of a performance/assembly/procession held in connection with election activity connected with that same election. It also permits continued exhibition on the same site outside the election period of the same recording that was exhibited during the election period, provided that the act of exhibition itself does not contravene the Presidential Elections Act 1991.
Two practical points follow. First, the exemption is tied to the “same election” connection: the recording must relate to election activity connected with that election. Second, the Notification allows “carry-over” exhibition after polling day, but only if the exhibition does not breach election-specific rules.
6. Internet “distribution” exemption (Section 6). Section 6 provides an exemption from section 21(1) for distributing election campaign recordings. Distribution is defined in Section 2 as supplying by electronic transmission (including by electronic mail and by micro-blog, MMS, SMS, electronic media applications, or social networking services). The exemption applies if the recording either: (a) records live the whole or a material proportion of a performance/assembly/procession held in connection with election activity connected with the same election; or (b) was exhibited during the election period of the same election or an earlier election in accordance with paragraph 5. Again, the exemption is conditional on the act of distribution itself not contravening the Presidential Elections Act 1991.
7. Transient reproduction during technical processes (Section 7). Section 7 exempts temporary or transient reproductions of an election campaign recording if made incidentally as part of the technical process of (i) making an exhibition during the election period under paragraph 5, or (ii) making a distribution during or outside the election period under paragraph 6; or if made incidentally as part of the technical process of accessing an exhibition or receiving a distribution. Although the extract truncates the remainder of paragraph (b), the structure indicates a typical “incidental caching/buffering/access” rationale: the law recognises that online systems create ephemeral copies as part of viewing and transmission, and it avoids penalising those technical reproductions.
8. Limitation: no exemption for unlawful films or unlawful publication (Section 8). The Notification contains a key safeguard: there is “No exemption for unlawful films or unlawful publication.” While the extract does not show the full text of Section 8, its presence signals that the exemptions in Sections 3–7 do not protect unlawful content or unlawful publication. For practitioners, this means that even if footage fits the definition of “election campaign recording,” the exemption can be lost if the underlying film is unlawful under the Films Act framework or if the publication/distribution contravenes election law or other legal restrictions.
How Is This Legislation Structured?
The Notification is structured as a short, self-contained instrument with eight sections:
- Section 1: Citation and commencement.
- Section 2: Definitions, including the detailed definition of “election campaign recording” and platform-related terms (micro-blog, MMS, SMS, social networking service, electronic media application), as well as operational definitions like “exhibit” and “distribute”.
- Section 3: Exemption from depositing in an approved warehouse.
- Section 4: Exemption for possession of election campaign recordings.
- Section 5: Exemption for exhibition on the Internet (including continued exhibition after the election period, subject to election-law compliance).
- Section 6: Exemption for distribution on the Internet (including distribution outside the election period, subject to election-law compliance).
- Section 7: Exemption for transient reproduction incidental to technical processes of exhibiting/distributing/accessing/receiving.
- Section 8: No exemption for unlawful films or unlawful publication.
Who Does This Legislation Apply To?
The Notification applies broadly: it states “Every person shall be exempt” in relation to the specified acts. That phrasing indicates that the exemptions are not limited to candidates, election agents, or campaign organisers. Instead, they extend to any person who possesses, exhibits, distributes, or otherwise deals with an election campaign recording that meets the definition and satisfies the conditions.
However, the exemptions are not unconditional. They are limited by (i) the definition of “election campaign recording” (including the “live” and “no dramatic depiction” and “no modifications” requirements), (ii) the timing and election-period concepts, and (iii) the overarching condition that the relevant act must not contravene the Presidential Elections Act 1991. Accordingly, platforms, content creators, and individuals who share election footage must still ensure compliance with election-law restrictions and avoid unlawful publication.
Why Is This Legislation Important?
This Notification is important because it provides legal certainty for election-related video content in an environment where online sharing is ubiquitous. Without an exemption, election campaign recordings could be treated like ordinary films under the Films Act, potentially triggering deposit requirements and restrictions on exhibition/distribution. By exempting specific election footage, the Notification enables timely and lawful dissemination of election events to the electorate.
For practitioners advising campaign teams, media operators, or digital platforms, the Notification’s value lies in its detailed definition and its careful balancing of freedom to communicate with regulatory safeguards. The definition of “election campaign recording” is narrow: it requires live recording of lawful election events, prohibits dramatic depiction, and restricts modifications. This narrowness reduces the risk of the exemption being used to distribute heavily edited or narrative content under the guise of election footage.
Finally, the inclusion of transient reproduction exemptions reflects a modern understanding of how internet systems work. If a client is concerned about whether viewing, caching, streaming, or technical buffering constitutes “reproduction” that could breach film controls, Section 7 provides a strong basis to argue that incidental technical copies are exempt when they occur as part of accessing or receiving the content.
Related Legislation
- Presidential Elections Act 1991
- Films Act (Cap. 107) (authorising provision: section 40(2); relevant provisions referenced: sections 12(1), 14, 21(1))
- Public Order Act 2009 (relevant to the definition of “exhibit”, particularly the exclusion of projecting/screening at public places)
Source Documents
This article provides an overview of the Films (Presidential 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.