The below is a posting by M Ravi on his Facebook Account on the alleged violation of the Parliamentary Election Act by two individuals, Teo Soh Lung and Roy Ngerng during the Cooling-Off Day.
The Elections Department has misled the public!!!
Are the alleged acts of Roy and Soh Lung excluded from being wrongful under section 78(2)(c) which says :
“the telephonic or electronic transmission by an individual to another individual of the first-mentioned individual’s own political views, on a non-commercial basis”.
Professor Jack Lee (Singapore Management University, Law faculty) explains :
“Unfortunately, the way the provision is drafted suggests that you are only permitted to communicate your personal political views to another individual, perhaps by e-mail or by SMS. If you use some medium such as Facebook or Twitter that allows your message to be read by third parties (including, potentially, Hougang voters), then it might be said that this is not a “transmission by an individual to another individual”.
I agree with the learned professor on the literal meaning of the wording of section 78(2)(c).
However, the Elections Department’s own website states : “The transmission of personal political views by individuals to other individuals, on a non-commercial basis, using the Internet, telephone or electronic means; and”
The reference to “individuals” to other “individuals ” gives an impression that one is allowed to post on Facebook .
The Elections Department has clearly misled the public. Roy and Soh Lung may have become victims!
