The Electoral Commission (EC) has approved the Campaign Related to an Election by Persons in Receipt of Foreign Funding Rules 2026 (the Rules), made under section 155(1) of the Electoral Act 2014. The Rules are now in force and published on the EC website https://www.electoralcommission.org.fj/non-adjudication/.
At the heart of these Rules is a guiding principle that civic participation, including public information and community engagement on electoral matters, is a fundamental democratic right. Accordingly, the Rules are to be interpreted and applied in a manner that facilitates, rather than restricts, such participation.
The EC and the Fijian Elections Office (FEO) acknowledge the concerns raised by civil society organisations and other stakeholders regarding the recent amendments to section 115 of the Electoral Act 2014, particularly their implications for organisations receiving foreign funding and their participation in the electoral process.
The EC and FEO recognise the important role that civil society and community organisations play in fostering democratic participation and public engagement. Both institutions appreciate the concerns expressed and reaffirm their commitment to transparency, fairness and constructive and meaningful engagement with all electoral stakeholders.
What the Rules provide.
The Rules establish two (2) pathways for persons in receipt of foreign funding who wish to conduct campaign activities such as debates, public, forums, panel discussions, interviews etc.
First, where a campaign is to be conducted without any foreign funding, the person must apply to the Supervisor of Elections (SoE) to demonstrate that no foreign funding or influence is involved. Second, where a campaign is to be funded in whole or in part by foreign funding, the SoE will look at the nature and content of the proposed campaign, the proportion of foreign funding involved and whether there is any indication that a donor has sought to direct the campaign towards a particular candidate, political party or voting outcome. Currently a form is being prepared to capture all the necessary requirements, this will be available soon on the FEO Website.
The campaign must provide balanced and neutral information. The SoE must make a decision within seven (7) days. Any applicant who is dissatisfied with a decision of the SoE may apply to the EC for a review within three (3) days of that decision. The EC must further determine the review within three (3) days and provide written responses. The EC’s decision on review is final.
Legal Background
The EC and FEO wish to clarify the effect of the amendments introduced through the Electoral (Amendment) (No. 1) Act 2026 and the Electoral (Amendment) (No. 2) Act 2026, particularly the provisions governing campaign-related activities undertaken by foreign-funded persons and organisations.
The EC and FEO clarify that the amendments do not impose a blanket prohibition on foreign-funded persons or organisations undertaking campaign-related activities. Instead, the amendments permit such persons and organisations to undertake campaign-related activities, provided they comply with Rules issued by the EC.
The amendments remove the previous blanket prohibition while maintaining regulatory oversight of foreign-funded campaign activities and facilitating the participation of foreign-funded community organisations in the electoral process.
Under the amended provisions, where a foreign-funded person or organisation undertakes campaign-related activities that do not comply with the EC Rules, the SoE may direct the person or organisation to modify or cease the activity.
Any person or organisation subject to such a direction has the right to appeal the decision to the EC. The EC’s decision on the appeal is final under the applicable electoral provisions, consistent with the established framework for appeals under Fiji’s electoral laws.
The EC’s comprehensive Rules governing adjudication matters, incorporate the principles of natural justice and procedural fairness as applied by the Courts of Fiji. These Rules further facilitate electronic filing and timely determination of matters, ensuring compliance with the statutory timelines prescribed under the electoral laws.
Clarification on the Campaign Period
The EC and FEO further clarify that the amendment to the period specified under section 115 (1) aligns the regulation of foreign-funded campaign related activities with the period during which other campaign activities are regulated.
The determination of the Campaign Period falls within the statutory responsibilities of the EC, which, in accordance with electoral best practices takes into consideration the interests of all electoral stakeholders, including voters, candidates and political parties.
This is distinct from the announcement of the election date, which is at the discretion of the Prime Minister and may be made at any time within the applicable legal framework. Aligning section 115 with the Campaign Period therefore provides a consistent regulatory framework for campaign-related activities, rather than making its application dependent on the timing of the announcement of the election date.
Distinction Between Campaign Activities and Voter Education
The EC and FEO also want to help organisations understand the distinction between campaign-related activities and voter education.
Voter education is a statutory function of the EC and the SoE. Under section 115(2) of the Electoral Act 2014, community groups and other organisations are required to obtain written authorisation from the EC or the SoE before undertaking voter education activities. This requirement applies at all times and remains unchanged by the recent amendments.
The EC reiterates that the amendments provide a regulatory framework that balances appropriate oversight of foreign-funded campaign activities with opportunities for participation in the electoral process in accordance with the law. It emphasises that the Rules are to enable civil society organisations to participate in Fiji’s elections in a way that is transparent and accountable. Organisations that engage in voter education, civic information and community outreach play a vital role in a healthy democracy and the EC is committed to supporting that participation within the law.
Both institutions remain committed to the independent, impartial and transparent administration of Fiji’s electoral laws and encourage all stakeholders, including civil society organisations and community groups, to familiarise themselves with the amended provisions and the EC Rules and engage with the EC and FEO if they have questions.