Canadian Twitter users better think twice about what they tweet. A 73 year old law threatens to fine individuals up to $25,000 or put them in prison for up to five years if they are caught tweeting election results during Canada’s next month election period.
A non-partisan agency that is responsible for administering the elections has said it will enforce the 73 year old Elections Act that specifically states that nobody shall prematurely announce or communicate messages about election results until every poll is closed. This means no Facebook, Twitter, YouTube or any other form of social media to post the results.
Section 329 of the Canada Elections Act states:
“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.”
In 1938, the law was originally intended to prevent radio stations from influencing voter behavior by revealing election results to areas where the polls hadn’t closed yet. The west and east coast have up to four and a half hour difference in closing times due to differing time zones.
The law was enacted long before Facebook, Twitter, or social media. These channels of information are too numerous and are simply unable to be stopped or enforced in a practical way. Regardless, Elections Canada still say that any Tweeting or Posting of election results before all polls are closed could be considered as breaking the Elections Act and those who do so can be punished by law.
Twitter accounts will not be monitored, an Elections Canada spokesperson said. “However, if there are complaints, the Elections Canada Commissioner will investigate.”
Elections Canada must enforce the law and it is up to the politicians to change it. This election period should be very interesting because social media users have vowed to protest by using Facebook, Twitter, and blogs to discuss election results. So, lots of tweets with hashtags #Tweettheresults and #elxn41 should be expected soon as a way to spite the old law.
Information has become so accessible and rampant that those types of laws cannot exist in an effective and reasonable way. How would you feel about getting poll results before your poll was closed? Have you ever received information via social media before you should have?
