manaloplay Singapore passes law to ban deepfakes of candidates during elections

SINGAPORE: Singapore's parliament passed a law on Tuesday (Oct 15) that would ban deepfakes and other digitally manipulated content of candidates during elections.

WHAT THE BILL IS ABOUT

The Elections (Integrity of Online Advertising) (Amendment) Bill, which was tabled by the Ministry of Digital Development and Information (MDDI) last month, prohibits the publication of digitally generated or manipulated content during elections that realistically depicts a candidate saying or doing something that they did not say or do.

This will only apply to online election advertising that depicts people who are running as candidates.

It will take effect once the writ of election is issued and until the close of polling, and will only apply if four conditions are fulfilled: 

The content is online election advertising, where its intent is to promote, procure or prejudice the electoral prospects of a party or candidate. The content is digitally generated or manipulated. The content depicts a candidate saying or doing something that he or she did not say or do. The content is realistic enough that some members of the public who see or hear the content would reasonably believe that the candidate did in fact say or do that thing.

If the content fulfils all four conditions, it would be a criminal offence to publish it as well as to share or repost it. 

MDDI said previously that minor modifications such as beauty filters will not be covered as they do not capture the candidate doing or saying something they did not do. 

Animated characters or cartoons, as well as entertainment content and memes that are not realistic, are also excluded.

During her speech on Tuesday, Minister for Digital Development and Information Josephine Teo said it does not matter if the content is favourable or unfavourable to any candidate. 

She added that the publication of such prohibited content during an election period, as well as the boosting, sharing and reposting of the content, will be an offence.

30:23 Min

AI-generated misinformation can seriously threaten Singapore’s democratic foundations and demands an equally serious response - and the Elections (Integrity of Online Advertising) (Amendment) Bill is the country’s carefully calibrated response to augment its election laws and ensure the truthfulness of candidate representation and the integrity of elections continue to be upheld. Digital Development and Information Minister Josephine Teo, who said this in Parliament on Tuesday (Oct 15), highlighted the key legal requirements. It will prohibit the publication of content that is or includes online election advertising (OEA) that is digitally generated or manipulated and depicts a candidate saying or doing something that he or she did not say or do but is realistic enough that some members of the public would reasonably believe that the candidate did in fact say or do that thing. The Bill targets the substantive content of the OEA and is scoped to address content that is digitally generated or manipulated, including those generated or manipulated using AI techniques such as generative AI and non-AI techniques such as Photoshop, dubbing and splicing. It is scoped to address the most harmful types of content in the context of elections, which misleads or deceives the public about a candidate through a false representation of his speech or actions that is realistic enough to be reasonably believed by some members of the public. The enhanced safeguards will apply during the election period - from the issuance of the writ to the close of polling. Mrs Teo stressed that the Bill addresses the most harmful digitally generated and manipulated content, including deepfakes, that can influence electoral outcomes, while recognising the value of novel content creation techniques and the desire of candidates to employ innovative methods to engage voters. It applies only during the election period to safeguard the integrity of the electoral process and preserve space for fair and legitimate political discourse. The safeguards apply to all candidates, regardless of political party and potential impact of the fake content. Mrs Teo said the Bill will add an additional layer of safeguards to Singapore's elections and everyone - candidates, citizens and tech platforms - have a part to play in upholding the country's democracy. “We must keep our elections fair and honest, conducted on the basis of fact, not fiction,” she said.

WHY IT MATTERS

The passing of the law comes amid an increase in deepfake incidents in countries during their election period. 

In January, a fake version of US President Joe Biden’s voice was featured in robocalls that sought to discourage Democrats from participating in the New Hampshire presidential primary.

During last year’s Slovakian parliamentary elections, a deepfake audio of a politician discussing electoral rigging was posted online and went viral. The candidate later lost the elections despite having earlier led in the polls.

Singapore's next General Election must be held by November 2025.

Mrs Teo said AI-generated misinformation can seriously threaten democratic foundations, adding that it demands an equally serious response.

She played a 38-second video of herself generated by AI to illustrate how easily and quickly deepfakes can be produced. 

"If the deepfake video you just watched did not convince you of its impersonation of me, more advanced versions soon will," she said. 

The Bill is a "carefully calibrated response" to augment Singapore's election laws,  ensuring that the truthfulness of candidate representation and the integrity of elections continue to be upheld, she said. 

Related:SM Lee warns of 'malicious' deepfake videos of him commenting on foreign relations, leaders CNA Explains: How to spot the telltale signs of a deepfake WHAT MPS SAID

Members of Parliament (MPs) largely supported the Bill but had concerns about its definitions and the potential for political overreach.

They also had questions about how the law would be enforced and the circulation of deepfakes on private messaging channels.

MP He Ting Ru (WP-Sengkang) and MP Vikram Nair (PAP-Sembawang) questioned how the law would regulate deepfake content shared through private messaging channels such as WhatsApp and Telegram, and how to prevent them from being circulated further. 

"If a person forwards a video to several hundred people on his contact list that may be more damaging than the same video on a Facebook account precisely because the message comes from a trusted source in a private message channel," said Mr Nair. 

MP Yip Hon Weng (PAP-Yio Chu Kang) pointed out that terms in the Bill such as "realistic but false representations" and "manipulated content" are broad and could cause confusion, inconsistent application or potential overreach in enforcement.

"Clear definitions and guidelines are important. They ensure that this law meets its purpose while avoiding the stifling of legitimate political expression," he said.Questions were also posed on whether the enforcement of the law would remain free from unfair allegations of political bias, as well as the need for timely follow-ups during the campaign period. 

06:59 Min

A Bill to combat deepfakes of candidates during elections “does not make it an automatic offence to create such a video, but only to publish it”, said MP Vikram Nair in Parliament on Tuesday (Oct 15). He sought clarity on the intended scope of the word “publish” and whether it was meant to capture, for example, every person who recirculates such a video on social media. Mr Nair also said there was scope for legislation to go further in eradicating the threat of manipulated content. First, by extending protection to Members of the House and the President beyond stipulated election periods. Second, by raising penalties imposed on content creators. Third, making provision for action to be taken not just against “persons” behind deepfakes but also entities such as “bot” accounts which might in future substantially generate such content.

Responding to MPs’ concerns about content shared via private or domestic communications, Mrs Teo said the election rules are not intended to police such conversations. 

When deciding whether a communication is of a private or domestic nature, she said the returning officer (RO) will consider various factors, such as the number of individuals in Singapore who can access the content, as well as the relationships between the individuals in the chat groups.

"As an example, chat groups on WhatsApp and Telegram with very large memberships that anyone can freely join should not be considered private or domestic communication," she added.

"If prohibited content is circulated in these open groups, the RO will assess if action should be taken." 

As to whether candidates can request for corrective directions to be issued, Mrs Teo said that significant weight will be placed on the depicted candidate’s declaration to the ROmanaloplay, as they would be in the best position to clarify if the content was an accurate representation of themselves.

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