Introduction
As part of its efforts to combat online falsehoods and safeguard the public interest, Singapore has passed the Elections (Integrity of Online Advertising) (Amendment) Bill to regulate online election advertising, including a ban on the use of deepfakes and other forms of manipulated or fabricated content that could mislead voters or harm the reputation of candidates or parties.
Deepfakes are digital creations that use artificial intelligence to alter or synthesise images, videos or audio recordings of real persons, making them appear to say or do things they did not.
The prohibitions
The Bill prohibits creating or disseminating election advertising containing deepfakes or other manipulated content that:
- falsely represents the identity, views or actions of any candidate or political party;
- falsely represents the relationship or association of any candidate or political party with any other person or entity; or
- is likely to cause or contribute to enmity, hatred, ill-will or hostility between different groups in Singapore.
The Bill introduces stringent penalties for violations, especially if the content influences the electoral process. Penalties for offenders include fines of up to SGD 50,000 and/or imprisonment for up to five years for creating or disseminating false or misleading content, with doubled penalties if the content is likely to affect the election outcome.
The Bill also allows the Infocomm Media Development Authority to act quickly, ordering online platforms to remove misleading or manipulated election-related materials.
Conclusion
The Bill signals the government’s concern about the potential impact of deepfakes and other forms of online manipulation. Businesses, especially in the digital media space, should review advertising processes to ensure timely compliance with the Bill’s provisions and exercise due diligence when creating and disseminating online election advertising.
Our technology lawyers are experienced and highly familiar with the sector’s latest developments.
Reed Smith LLP is licensed to operate as a foreign law practice in Singapore under the name and style Reed Smith Pte Ltd (hereafter collectively, "Reed Smith"). Where advice on Singapore law is required, we will refer the matter to and work with Reed Smith's Formal Law Alliance partner in Singapore, Resource Law LLC, where necessary
Client Alert 2024-218
