Campaigning Laws in Fiji: Electoral Act 2014

The legal information provided below objectively outlines the present campaigning laws in Fiji that applies to the relevant election stakeholders in preparation towards the upcoming General Election.  It is a list of provisions relating to campaigning which are directly obtained from the Electoral Act 2014. If you would like to have a read of the Electoral Act 2014, you can click on the direct link below:

https://www.feo.org.fj/storage/2021/09/Electoral-Act-2014.pdf

This webpage is for information purposes only and is subject to change and review by the Fijian Elections Office, if any amendment is made to the Electoral Act 2014. The FEO will not be liable for any misinterpretation of the provisions given here.

Section
Laws
2Interpretation

“campaign” means any act done for or in connection with promoting or opposing, directly or indirectly, a registered political party or the election of a candidate or candidates, or any act done for the purposes of influencing, directly or indirectly, the voting at an election, through any medium;

“campaign period” means the period determined by the Electoral Commission under section 109A.

“campaign rules” means the rules prescribed in section 116 and any rules issued by the Electoral Commission in relation to campaigns”;
6Duties and powers of Supervisor

(1) The Supervisor, as head of the Fijian Elections Office—

(f) oversees compliance with campaign rules and reporting requirements;
60Participation of polling agents

(2) A polling agent must not conduct, in a passive or active manner, any campaigning in or around the polling station.
63Campaign restrictions during polling

(1) At least 1 hour before the commencement of polling on the polling day to the close of polling on the
polling day at all polling stations, it shall be unlawful for any person at any place within the 300 metre radius from the boundary of the property where the polling venue is located (and as marked by the election official) or, at any place within the 300 metre radius of the polling venue where the boundary is not ascertainable, to—

(a)  wear any emblem, clothing, badge, apparel or accessory of a political party or of a candidate in the election;

(b)  display slogans, banners, posters, flags or colours of a political party or a candidate in the election;

(c)  approach voters for the purposes of campaigning;

(d)  distribute printed campaign material or communicate political messages, including calls to vote for or against a particular political party or candidate in the election; or

(e)  use public address or sound systems that could be heard in the polling station or polling venue or its surroundings.

(2) In the 48 hour period prior to polling day and on the polling day until the close of polling at all polling
stations, it is strictly prohibited for any person to—

(a)   engage in any campaign, including any broadcast, advertisement or publication and distribution of any campaign material;

(b)  display slogans, banners, posters, flags or colours of a political party or a candidate in the election;

(c)  approach voters for the purposes of campaigning; or

(d)  distribute in any manner (including through telephone, internet, email, social media or other electronic means) any campaign material or communicate political messages, including calls to vote for or against a particular political party or candidate in the election.

(3) In the 48 hour period prior to polling day and on the polling day until the close of polling at all polling stations, it shall be unlawful for any person, any political party or any candidate (or any person on behalf of the registered political party who is involved in the administration of the affairs of the registered political party including any office holder of the registered political party or any person on behalf of any candidate), at any place within the 300 metre radius from the boundary of the property where the polling venue is located (and as marked by the election official) or at any place within the 300 metre radius of the polling venue where the boundary is not ascertainable, to—

(a)  construct or erect any structure;

(b)  organise any meeting, gathering or assembly of persons;

(c)  provide any enticement, incentive or inducement, including food and beverage to any person;

(d)  engage in any campaign;

(e)  distribute any material for the purposes of campaigning; or

(f)   use public address or sound systems that could be heard in the polling station or polling venue or its surroundings.

(4) Prior to the opening of the polls and during polling, the presiding officer must ensure that there is no campaign material posted at any place within the 300 metre radius from the boundary of the property where the polling venue is located (and as marked by the election official) or at any place within the 300 metre radius of the polling venue where the boundary is not ascertainable.

(5) In ensuring there are no campaign materials as specified in subsection (4), a presiding officer may request the assistance of a police officer and such police officer must comply with any request or directive of the presiding officer.

(6) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.
64.Complaints during polling

64.—(1) Any registered voter or any polling agent may submit a complaint in writing to a presiding officer during the hours of polling concerning any breach of polling procedure, unlawful campaign activity, or interference with the rights of a voter or polling agent at the polling station
109ACampaign Period

(1) Subject to subsection  (2), the Electoral Commission must determine the campaign period for a general election and publish a notice to that effect in the Gazette.

(2)  The campaign period must not be -

(a)   earlier than 30 days prior to the completion of 3 years and 6 months of the siting of Parliament after the last general election; and

(b)  later than 48 hours prior to the general election.
110Restrictions on opinion polls

(1) It shall be unlawful for any person to publish the results of any election-related opinion on the polls on any day during the 7 days prior to the polling day and on the polling day until the close of polling at all polling stations.

(2) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both
111Non-interference in campaign

(1) No private citizen or public official may hinder in any manner whatsoever the lawful campaign activity of any political party or candidate, including the distribution and placement of campaign material and holding of campaign rallies and meetings.

(2) It shall be unlawful for any person to tear, remove, or cover up any campaign material posted in designated public places.

(3) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.
112Campaign materials

(1) Any campaign material published and distributed by political parties and candidates must include, in a print size easily legible, the following information—

(a)  name and address of the person and organisation who authorised and paid for printing of the material;

(b)  name of the company that printed the material and their business address; and

(c)   date of issue.

(2) Political parties and candidates may place their campaign posters and flags on private premises, with permission of the owner of any such private premises.

(3) It shall be unlawful for any person, any political party or any candidate (or any person on behalf of the political party including any office holder of the political party or any person on behalf of any candidate) to place campaign posters and flags on public buildings, monuments, electricity or lamp posts, and other public structures, except in public places specifically designated by the Supervisor for placement of campaign material.

(4) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.
113Prohibition on use of State resources to campaign

(1) It shall be unlawful to use State authority, including law and tax enforcement authorities, to pressure or intimidate political opposition.

(2) It shall be unlawful for any public officer to conduct campaign activities.

(3) It shall be unlawful to force, pressure, or intimidate public officers to participate in campaign activities, to attend campaign rallies or meetings, or to assist a political party or candidate in campaigning in any manner, in or outside work hours.

(4) It shall be unlawful to conduct campaign activities or to post or distribute any campaign material inside a public office.

(5) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.
114Prohibition on vote buying

(1) During the campaign period it shall be unlawful for political parties, candidates and their representatives, either personally or through other persons, to give or offer to any citizen money, gifts, material goods of any value (except for campaign material) or services free of charge, to sell goods or services to persons at a preferential price, or to promise to provide any monetary fund, gift, material goods or services of any value for the purpose of gaining or influencing votes in an election.

(2) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.
115(1) Following the announcement of the date of the election, it shall be unlawful for any person, entity or organisation (including any person employed or engaged by any such person, entity or organisation) that receives any funding or assistance from a foreign government, inter-governmental or non-governmental organisation or multilateral agency to engage in, participate in or conduct any campaign (including organising debates, public forum, meetings, interviews, panel discussions, or publishing any material) that is related to the election or any election issue or matter.

(2) It shall be unlawful for any person, entity or organisation (including any person employed or engaged by any such person, entity or organisation) to engage in, or to undertake any act which, under the Constitution or under this Act, is given to or assigned to the Electoral Commission or the Supervisor, unless authorised in writing by the Electoral Commission or the Supervisor.

(3) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

(4) Nothing in subsection (1) prevents any university from organising inclusive public forums or panel discussions that are related to the election.

(5) This section shall not apply to the Electoral Commission or the Supervisor.
116Campaign rules

(1) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must—

(a)  respect the rights and freedoms of all other political parties and candidates to campaign, and to disseminate their political ideas and principles without fear; and

(b)  conduct itself in a manner that respects the rights of other political parties and candidates, and respects the rights of voters.

(2) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must—

(a) co-operate with election officials in order to ensure—

peaceful and orderly polling; and

(ii) complete freedom for voters to exercise their franchise without being subjected to any annoyance, harassment or obstruction;

(b) ensure the safety and security of electoral officials before, during and after the polling;

(c) respect and co-operate with observers;

(d) maintain and aid in maintaining the secrecy of the vote; and

(e) organise and conduct its election campaign in a manner that contributes toward a congenial and peaceful atmosphere during the campaign.

(3) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must not—

(a) prevent the distribution of handbills and leaflets, and the display of posters, of other parties and candidates;

(b)deface or destroy the posters of other parties and candidates;

(c) use any language or publish or distribute pamphlets, newsletters or posters or make any broadcast containing language or material that amounts to racial or religious vilification or that threatens or incites violence;

(d) prevent any other party from holding rallies, meetings, marches or demonstrations;

(e) imitate the symbols of another political party or candidate, or steal, disfigure or destroy political or campaign materials of another political party or candidate;

(f) encourage, engage in or permit any kind of violent activity to demonstrate party strength or to prove supremacy;

(g) cause damage to any public or private property during any campaign;

(h) coerce or offer monetary or other kinds of direct inducements to persons to vote for or against a particular party or candidate, or to abstain from voting;

(i) coerce or offer monetary or other kinds of direct inducements to persons to stand or not to stand as candidates, or to withdraw or not to withdraw their candidacies;

(j) procure the support or assistance of any election official or public servant to promote or hinder the election of a candidate;

(4) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must not—

(a)   procure votes by forcible occupation of polling stations or through illegal activities in the polling stations;

(b)   interfere unjustifiably or in bad faith with the duties of election officials, disturb the process of casting or counting of votes;

(c)   falsely assert to voters that their votes will not be secret; or

(d)   use any language or publish any document that seeks to threaten or incite hatred or violence in any form against any other person or group of persons or which may amount to racial or religious vilification.

(4A) The Supervisor may remove or direct any political party, candidate or police officer to remove any material that is in breach of the campaign rules.

(4B) Any political party, candidate or police officer who fails to comply with a directive under subsection (4A) commits an offence and is liable on conviction to a fine not exceeding $10,000 or imprisonment for a term not exceeding 5 years or both.

(4C) If— (a) a political party;

(b) a candidate for election to Parliament; or (c) any other person representing, or acting under the direction of, the political party or candidate,

makes a financial commitment, whether orally or in writing, the political party, candidate or other person must immediately provide a written explanation setting out the following information—

(i) how revenue for the financial commitment is to be raised;

(ii) how expenditure for the financial commitment is to be made;

(iii) how expenditure is to be allocated to different sectors and budget sector agencies; and

(iv) if expenditure exceeds revenue, how the deficit is to be financed.

(4D) For the purposes of subsection (4C), “financial commitment” means any commitment made as part of a campaign for a general election, where the implementation of the commitment after the general election has financial implications.

(5)  Any person who contravenes subsections (3), (4) or (4C) commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.
117Paid campaign advertisement

Any broadcast or print advertisement paid for by a political party or candidate must clearly indicate that it is a paid political advertisement and include the name of the political party, the authorising officer of the party or the candidate who authorised and paid for the advertisement.
118Media restrictions during campaigns

(1)  During the 48 hour period prior to the polling day and on the polling day until the close of polling at all polling stations, it is prohibited for any media organisation to publish, print or broadcast any campaign advertisement, debate, opinion or interview on any election issue or on any political party or candidate.

(2)  During the 48 hour period prior to polling day and on the polling day until the close of polling at all polling stations, any publication or broadcast by any media organisation relating to the election must obtain the prior approval of the Media Industry Development Authority to ensure compliance with subsection (1).

(3)  The Media Industry Development Authority must ensure that all media organisations comply with the provisions of this section.

(4)  If any media organisation contravenes this section, the editor, publisher or the owner of the media organisation (as the case may be) commits an offence and shall be liable upon conviction to a term of imprisonment not exceeding 5 years.
140Bribery

(1) During the campaign period, any person who asks for, receives or obtains, or offers or agrees to ask for, or to receive or obtain, any property or benefit of any kind, whether for the same or for any other person, on an understanding that any—

(a) vote of the first mentioned person;

(b) candidature of the first mentioned person; or

(c) support of, or opposition to, a candidate or a political party by the first mentioned person, will, in any way, be influenced or affected, commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

(2) Any person who, in order to influence or affect any—

(a) vote of another person;

(b) candidature of another person; or

(c) support of, or opposition to, a candidate or a political party by another person, gives or confers, or promises or offers to give or confer directly or through any other person, any property or benefit of any kind to that other person or to a third party, commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

(3) This section does not apply in relation to a declaration of public policy or a promise of public action.
141Undue influence

During the campaign period, any person who hinders or interferes with the free exercise or performance by any other person, of any political right or duty that is relevant to an election commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.
144Printing and publishing of electoral advertisements, notices

(1) During the campaign period, any person who prints, publishes, broadcasts or distributes or causes, permits or authorises to be printed, published, broadcast or distributed, an electoral advertisement, handbill, pamphlet, notice or electoral audio or video recording in which—

(a) the name and residential address of the person who authorised the electoral advertisement, handbill, pamphlet, notice or electoral audio or video recording do not appear; and

(b) in the case of an electoral advertisement, handbill, pamphlet or notice that is printed otherwise than in a newspaper—the name and place of business of the printer do not appear, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.

(2) Subsection (1)(b) does not apply in relation to a car sticker, clothing, apparel, label, badge, pen, pencil or balloon.

(3) Any person who produces, publishes or distributes or causes, permits or authorises to be produced, published or distributed an electoral audio or video recording in which the name and residential address of the person who authorised the electoral audio or video recording does not appear, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.

(4) Any person who—

(a) at any time between announcement of the date of the election and the close of the poll in any election, prints, publishes, broadcasts or distributes, or causes, permits or authorises to be printed, published, broadcast or distributed, any matter or thing that is likely to mislead or deceive a voter in relation to the casting of a vote;

(b) at any time between the announcement of the date of the election and the close of the poll in any election publishes or exposes, or causes to be published or exposed, to public view any document or writing or printed matter containing any untrue and defamatory statement in relation to the person, character or conduct of any candidate in the election calculated to influence the vote of any voter; or

(c) before, or during an election, knowingly publishes any false statement of the withdrawal of a candidate at the election, for the purpose of promoting or procuring the election of another candidate, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.

(5) It is a defence to a prosecution for an offence against subsection (4)(b) if the defendant proves that he or she had reasonable ground for believing and did in fact believe the statement to be true.

(6) In this section— “electoral advertisement, handbill, pamphlet or notice” means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper or any other medium announcing the holding of a meeting; “electoral audio or video recording” includes an audio or video recording that contains electoral matter; and “publish” includes publication by radio or television or on electronic media including internet.
144A-Publication of false statements

(1) A person or a political party must not publish any information in or outside Fiji and is accessible in Fiji, knowing or having reason to believe the information is a false statement which is likely to influence the outcome of an election or diminish public confidence in the performance of any duty or function of the Supervisor and the Electoral Commission.

(2) The Supervisor may direct a person, including a service provider, or a political party to remove or correct any statement or information published under subsection (1) and the person must immediately remove or correct the statement or information.

(3) The person or political party may request the Electoral Commission to review the decision of the Supervisor under subsection (2), and the Electoral Commission must within 24 hours review the decision and inform the Supervisor and the person or political party of its decision in writing.

(4) Any person or political party that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000 or imprisonment for a term not exceeding 5 years or both.
146-Campaigning prohibited during poll

(1)Any person who on polling day and on any day to which the polling is adjourned—

(a) in, or in view or hearing of, any public place, holds or takes part in any meeting, demonstration or procession having direct or indirect reference to the poll;

(b) either in a polling station or within a 300 metre radius from the boundary of the property where the polling venue is located (and as marked by the election official) or, at any place within the 300 metre radius of the polling venue where the boundary is not ascertainable, in any way interferes or attempts to interfere with any voter, with the intention of—

(i) canvassing for votes;

(ii) soliciting the vote of the voter;

(iii) inducing the voter not to vote for a particular candidate;

(iv) inducing the voter not to vote at the election; or

(v) ascertaining for whom the voter intends to vote or has voted;

(c) either in a polling station or within a 300 metre radius from the boundary of the property where the polling venue is located (and as marked by the election official) or, at any place within the 300 metre radius of the polling venue where the boundary is not ascertainable, conducts a public opinion poll in relation to the election; or

(d) exhibits or leaves in a polling station any card or paper or any material containing a direction or indication as to how a person should vote or as to the method of voting, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.

(2) Subsection (1) does not apply to an official statement or announcement made by an election official or exhibited pursuant to this Act.
150Offences related to campaign

Any person who—

(a) engages or participates in any campaign which is not authorised or is prohibited under this Act;

(b) obstructs the seizure of election campaign messages, statements, papers, posters, photos and other materials which are or have been used for campaign prohibited by this Act;

(c) conducts any campaign in the premises of any educational institution or in any place where campaigns are prohibited by this Act or by the Rules made by the Electoral Commission; or

(d) places campaign materials at any place where the placement of such campaign materials are prohibited by this Act or by the Rules made by the Electoral Commission, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.