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
- Status: Current version as at 27 Mar 2026
- Key provisions (as reflected in the extract): Sections 2 to 8 (definitions and exemptions)
- Most relevant related legislation: Presidential Elections Act 1991; Public Order Act 2009
- Notable amendments shown in the timeline: Amended by S 55/2025 (w.e.f. 31/12/2021 and w.e.f. 22/01/2025)
What Is This Legislation About?
The Films (Presidential Election Campaign Recordings — Exemption) Notification 2011 is a targeted legal instrument made under the Films Act. In essence, it creates a narrow exemption regime for certain types of film recordings used in connection with Presidential election activities. The Notification recognises that election campaigning increasingly occurs through audiovisual content and online platforms, and it therefore adjusts how the general “films” regulatory requirements apply to election-related recordings.
Under the Films Act, certain films may need to be deposited in an approved warehouse and may be subject to restrictions on possession, exhibition, and distribution. However, election campaigning has time-sensitive and public-interest dimensions. This Notification therefore exempts “election campaign recordings” from specified obligations and restrictions, but only if the recordings meet carefully defined criteria and the relevant acts (possession, exhibition, distribution, and certain incidental technical reproductions) do not contravene the Presidential Elections Act 1991.
Practically, the Notification is designed to allow candidates, election agents, and other persons to record and share election-related performances, assemblies, and processions—especially via the Internet—without triggering the full set of film regulatory controls that would otherwise apply. At the same time, it preserves safeguards by excluding unlawful films or unlawful publication (see section 8) and by limiting the definition of “election campaign recording” to recordings that are essentially “live” and not dramatized or substantially modified.
What Are the Key Provisions?
1. Citation, commencement, and interpretive framework (sections 1–2). Section 1 provides the short title and commencement date: the Notification comes into operation on 2 August 2011. Section 2 contains definitions that anchor the Notification to the Presidential Elections Act 1991 (for terms such as “candidate”, “election”, and “election agent”) and to the Public Order Act 2009 (for the concept of “public place” in the context of screening/projection).
The definitions are central to the exemption. The Notification does not exempt “any film” about an election. Instead, it defines an “election campaign recording” 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. It also requires that the film consists of, or includes, the sounds and images of that performance/assembly/procession without additions, omissions, substitutions, or other modifications.
Importantly, the definition excludes films “wholly or substantially based on an unscripted or ‘reality’-type programme.” This indicates a policy line: the exemption is meant for straightforward recordings of lawful election events, not for content that is edited, scripted, or styled as entertainment programming.
2. 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 plain language, this means that the usual requirement to deposit certain films in an approved warehouse does not apply to these election recordings, provided they are made during the relevant election period.
3. 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 both during the election period and “otherwise” (i.e., even outside the election period), so long as the person is in possession of an election campaign recording as defined. This is significant for practitioners because it reduces compliance risk for storage, archiving, and retention of election recordings.
4. Exemption for exhibition on the Internet (section 5). Section 5 addresses online “exhibition” (making available on the Internet). It 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.
Section 5 also permits continued exhibition outside the election period of the same recording on the same site, but only if the exhibition act itself does not contravene the Presidential Elections Act 1991. This is a practical point: election content often remains accessible online after polling day, and the Notification anticipates that reality.
5. Exemption for distribution on the Internet (section 6). Section 6 provides an exemption for “distribution” (defined in section 2 as supply by electronic transmission, including by electronic mail and by micro-blog, MMS, SMS, electronic media applications, or social networking services). It exempts distribution during or outside the election period for election campaign recordings that either (a) record live the whole or a material proportion of a lawful election event connected with election activity for that same election, or (b) were exhibited during the election period of the same election or an earlier election in accordance with section 5.
Again, the exemption is conditional: the act of distribution must not contravene any provision of the Presidential Elections Act 1991. This creates a compliance “overlay”—even if the Films Act exemption applies, election-specific rules may still restrict what can be published, when, and in what form.
6. Exemption for transient reproduction during technical processes (section 7). Section 7 exempts temporary or transient reproduction of an election campaign recording if made incidentally as part of the technical process of (i) making an exhibition during the election period in accordance with section 5, or (ii) making a distribution during or outside the election period in accordance with section 6. It also covers incidental reproduction as part of the technical process of accessing an exhibition or receiving a distribution.
This provision is particularly relevant to online platforms and intermediaries. In digital systems, buffering, caching, and other transient copies are often technically necessary. The Notification therefore reduces the risk that routine technical processes could be treated as unlawful “reproduction” under the Films Act framework.
7. No exemption for unlawful films or unlawful publication (section 8). Although the extract truncates the remainder of section 7, it clearly states the policy in section 8: there is no exemption for unlawful films or unlawful publication. This is a critical safeguard. Even if a film meets the definition of “election campaign recording” and the acts fall within sections 3–7, the exemption will not protect conduct that is unlawful under the Films Act or the Presidential Elections Act 1991 (or other applicable law).
For practitioners, section 8 functions as a “backstop” against abuse. It also means that legal review should not stop at the definitional threshold; one must also assess whether the underlying election event was lawful, whether the content was modified in a prohibited way, and whether the publication/distribution complies with election rules.
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 key concepts of “election campaign recording,” “election period,” “exhibit,” “distribute,” and the scope of various electronic communication services (micro-blog, MMS, SMS, electronic media applications, and social networking services).
- Section 3: Exemption from depositing in an approved warehouse.
- Section 4: Exemption for possession.
- Section 5: Exemption for exhibition on the Internet (including continued exhibition after the election period on the same site).
- Section 6: Exemption for distribution on the Internet (including distribution during or outside the election period).
- Section 7: Exemption for transient reproduction incidental to technical processes of exhibition/distribution/access.
- Section 8: No exemption for unlawful films or unlawful publication.
Who Does This Legislation Apply To?
The Notification applies broadly: each exemption is framed as “Every person shall be exempt …” This indicates that it is not limited to candidates or election agents. It can cover campaign organisers, media personnel, volunteers, platform operators, and ordinary users who possess, exhibit, or distribute qualifying election campaign recordings.
However, the exemptions are not automatic for all election-related content. The person’s conduct must relate to an election campaign recording as defined, and the relevant act (possession, exhibition, distribution, or transient reproduction) must fall within the scope of sections 3–7. Additionally, the acts must not contravene the Presidential Elections Act 1991, and section 8 removes protection for unlawful films or unlawful publication.
Why Is This Legislation Important?
This Notification is important because it provides legal certainty for election communications in the digital age. Without such an exemption, election-related filming and online sharing could trigger compliance burdens under the Films Act—potentially chilling lawful campaigning or creating operational uncertainty for those uploading and distributing content.
From a practitioner’s perspective, the Notification’s value lies in its precision. It defines what counts as an “election campaign recording” (live recording, lawful event, not dramatized, no prohibited modifications, and exclusion of reality-type programming). It also defines the digital actions that are exempted (exhibition vs distribution, and the communication channels covered). This helps lawyers advise clients on whether a particular video qualifies and whether a particular online action is covered.
Finally, the conditional nature of the exemptions—especially the “no contravention” requirement tied to the Presidential Elections Act 1991 and the prohibition on unlawful films/publication—means compliance must be assessed holistically. A recording may qualify under the Films Act exemption, but publication may still be unlawful under election rules (for example, rules on campaigning conduct, timing, or other election-specific restrictions). Section 8 ensures that the exemption regime cannot be used as a shield for unlawful content.
Related Legislation
- Presidential Elections Act 1991
- Films Act (Cap. 107) (authorising and provisions referenced: sections 12(1), 14, 21(1), and section 40(2))
- Public Order Act 2009 (relevant to the definition of “exhibit” excluding projection/screening at public places within the Act)
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.