Singapore: Law passed to ban deepfakes during general elections

In brief

On 15 October 2024, Singapore's Parliament passed an amendment to the Elections (Integrity of Online Advertising) Bill, prohibiting the publication, boosting, sharing and reposting of deepfake content depicting election candidates.

Such content will be illegal from the time the Writ of Election in Singapore's upcoming General Elections is issued until the close of polling.

This move aims to safeguard the integrity of the electoral process and ensure truthful representation of candidates during election periods.

It is also part of a broader legislative toolkit and initiative by the Singapore government to address harmful online content, including through the remedies available under the Online Criminal Harms Act, the Protection from Online Falsehoods and Manipulation Act, and the Protection from Harassment Act, as well as the recently announced establishment of a new government agency to tackle online harms.


Contents

In more detail

The new law targets digitally generated or manipulated content that depicts a candidate saying or doing something they did not, and which is realistic enough to be reasonably believed by some members of the public.

This includes content created using AI techniques such as deepfakes, as well as non-AI traditional editing methods like Photoshop, dubbing and splicing.

The law will be in effect from the issuance of the writ of election until the close of polling, and it applies to online election advertising that can be reasonably regarded as intended to promote or procure, or prejudice the electoral success or prospects of a political party or candidate.

The Singapore Ministry of Digital Development and Information clarified, however, that benign modifications such as beauty filters and non-realistic content like animated characters or memes are excluded from this law. The publication of prohibited content, regardless of whether it is favorable or unfavorable to any candidate, will be considered a criminal offense.

Candidates can ask the Returning Officer (RO) to review content that has misrepresented them, and the RO can issue corrective directions to those who publish prohibited online election advertising content.

Individuals who publish, share or repost prohibited content may face fines of up to SGD 1,000 and/or imprisonment for up to 12 months. Social media platforms that fail to comply with the law may be fined up to SGD 1 million. To deter the abuse of the law, such as candidates requesting to take down unfavorable content that is in fact true, there are also penalties if a candidate makes a false declaration to a RO.

Key takeaways

The primary objective of this law is to uphold the integrity of Singapore's elections by preventing the spread of false information about candidates. By banning deepfakes and other digitally manipulated content, the government aims to ensure that voters receive accurate information about candidates' actions and statements.

Singapore's move to ban deepfakes during elections is part of a growing global trend to combat misinformation and protect democratic processes. It will also complement the government's existing suite of legislative measures aimed at addressing harmful online content, such as the Protection from Harassment Act, the Protection from Online Falsehoods and Manipulation Act, and the Online Criminal Harms Act.

While the new law may be a necessary step to safeguard the integrity of elections in the digital age, it is also accompanied by concerns about the potential impact on freedom of expression and the challenges of enforcing the law effectively.

Beyond elections, deepfakes and other forms of manipulated content can pose serious harm to online users. Creators and distributors of AI-generated content have a responsibility to foster a safe information space, both during and beyond elections.

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For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

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