Tweeting About Election Results Could Get You in Trouble in Canada

Tweeting About Election Results Could Get You in Trouble in Canada :

Canadians planning to tweet election results during next month's elections had better think twice, because it could result in a $25,000 fine or up to five years in prison, thanks to a 73-year-old law.

Elections Canada, the non-partisan agency responsible for administering Canada's federal elections, has come under fire for saying that it will enforce the Canada Elections Act, specifically a section that mandates that nobody prematurely announce or send messages about the election results until all the polls are closed.

The following is from section 329 of the Canada Elections Act:

"No person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district."

The law was originally enacted in 1938 to prevent radio stations from prematurely transmitting elections results, thereby influencing voter behavior on the west coast by the east coast. The polls close up to four and a half hours later on the west coast because of time zones.

This wasn't a law designed for Facebook, Twitter and social media, though. There are simply too many potential sources of information for this law to be enforced in a feasible way. Despite that fact, Elections Canada says that public messages on social networks could be construed as breaking the Canada Elections Act.

"As administrators we have to inform people and make sure they are aware of that provision," an Elections Canada spokesperson told the Vancouver Sun. "It's not like Elections Canada will be monitoring your Twitter stream. However, if there are complaints, the Elections Canada Commissioner will investigate."

Elections Canada has no choice -- it has to enforce the laws that are on the books, and it's up to the politicians to change the law. Citizens, especially Twitter users, have vowed to protest Elections Canada and the Canada Elections Act by tweeting, blogging and using social media to discuss election results as a way to defy the archaic law. Expect a lot of tweets with the hashtags #Tweettheresults and #elxn41 to be bending or breaking the rules.

It doesn't seem like Elections Canada is going to go proactively go after citizens who tweet about election results, but we still hope this is the last time Canada has to deal with this law for its elections. Information cannot be suppressed in the digital era.


Yahoo Daily News
Thursday, April 21, 2011, 8:53 pm ET