Statutory regulation on election advertisements
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As recently reported in the media, certain social media pages (or blogs) have been set up on the Internet publishing messages which might promote or prejudice the election of individuals who have publicly declared their intention to stand in the Chief Executive Election. The Electoral Affairs Commission (EAC) has noted the reports and wishes to remind the public of the requirements of the relevant electoral laws.
According to section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO), "candidate" includes a person who has publicly declared an intention to stand for election at any time before the close of nominations for an election; "election advertisement" means any form of publication published for the purpose of promoting or prejudicing the election of a candidate or candidates at the election; "election expense" means expenses incurred before, during or after the election period, by or on behalf of the candidate for the purpose of promoting or prejudicing the election of the candidate. The maximum amount of election expenses is prescribed by the law with a view to ensuring that the amount of election expenses of each candidate is kept within a reasonable and equal level. Anyone not authorised by a candidate as his/her election expense agent who incurs election expenses is in breach of section 23 of the ECICO, and is liable to a fine of $200,000 and imprisonment for three years.
Propaganda or remarks promoting or prejudicing the election of any candidate by anyone through the Internet such as websites, social media, communication networks, etc, will be regarded as election advertisement. However, if anyone merely expresses, shares or forwards views or opinions on different candidates through Internet platforms with no intention to promote or prejudice the election of any candidates, such expression, sharing or forwarding will not normally be regarded as publishing an election advertisement. But if someone is instructed by a candidate or his/her election helpers to publish, share or forward the election publicity materials of the candidate through Internet with the intention to promote or prejudice the election of a candidate or candidates at the election, such an act will be regarded as publication of the candidate's election advertisement, and any costs incurred will have to be included in the election expenses of the candidate. Further, anyone not authorised by a candidate as his/her election expense agent who incurs election expenses is also in breach of the law.
In addition, according to section 26 of ECICO, a person engages in illegal conduct at an election if the person publishes a materially false or misleading statement of fact about a particular candidate or candidates for the purpose of promoting or prejudicing the election of the candidate or candidates, and may be subject to a fine of $200,000 and imprisonment for three years.
The EAC reminds members of the public that they should abide by the relevant legislation and the Guidelines on Election-related Activities in respect of the Chief Executive Election in order to ensure that the election be conducted in a fair, open, honest and clean manner. If the EAC or the Returning Officer receives any complaint concerning any possible offence under the ECICO, the same will be referred to the law enforcement agency for investigation and follow-up action.
Ends/Friday, January 27, 2017
Issued at HKT 18:40
Issued at HKT 18:40
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