Steep fines for posting election results early

$25,000 fine for tweeting, facebooking or blogging results before polling stations close

by macleans.ca on Thursday, April 21, 2011 1:33pm - 10 Comments

The first social media election is having some of the wind sucked out of its sails by a 73-year-old law that prohibits a person from disclosing election results before polls close across the country. The Canada Elections Act provision comes with fines of up to $25,000, and despite its antiquity, it’s being defended by Elections Canada. “As long as the law is on the books, like any other law, it has to be obeyed,” said Elections Canada spokesman James Hale. In 2000, blogger Paul Bryan was charged under the law and fined $1,000 for publishing results from Atlantic Canada, a decision upheld by the Supreme Court. But many experts and political insiders are calling the regulation absurd. “It’s an archaic law and in the Internet age it’s pretty much unenforceable. It’s ridiculous,” said Chima Nkemdirim, chief of staff to Calgary Mayor Naheed Nenshi, an avid Twitter user.

The Calgary Herald

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  • Very old person

    It's the law, people. Don't like it, have it changed.

    Might make a note to do it right after the election, though, because I've heard a version of this "law is ridiculous" story every year since the mid 90's. You know, web sites? And then, right adter the election, everybody forgets.

    So save the "this is so unfair' stuff and just ficx the problem, okay/

  • _666_

    so if I tweet "35/28/19" on May 2, will I be charged?
    (these are the measurements for my new coffee table)
    Just saying…

    • Andrew (not PorC)

      If they can demonstrate intent. Anyone who retweets would similar fall afoul of the law.

  • Thwim

    This is just another problem that percentage proportional representation would solve.

  • danR

    .
    Don't worry, Elections Canada. The Eastern tweets won't affect me in B.C.

    In fact, I will influence the East: I will NOT vote for the Harvard Shape-shifter, nor for the clock-work, free-market apologist.

    Now you know. Arrest me.
    .

  • dave

    73 year old law. Must have been around the time when the first social media was wide spread; radio.

  • Les Reader de books

    Its a french thing. They have a law for everthing, just in case, the peasants find a loophole affecting the Elite, they are charged! Otherwise they have laws negating the laws, where necessary.

  • hosertohoosier

    But Canadians living abroad can continue to spoil the election for BC with impunity, right?

    Incidentally, the law does make sense. In staggered elections early front-runners win, even though some other candidates might have done well in later votes. US primaries are a great example of this in practice – the winner of the Iowa and New Hampshire primaries does disproportionately well in subsequent primaries. Here the staggering period is hours, not days, but I see the point of the law. The real problem is enforcement…

  • Steve M

    Why not just withold all results until all polls are closed? Is it really so bad if people in the East don't know who won before they go to bed?

  • ABHarperRegime

    Layton Mania !

    Jack won the debates for me, no other leader can touch Jack as an average Joe Canadian you can TRUST.

    I was considering voting Liberal(ABHarperRegime), but when Jack mentioned the Liberal leaders lack of attendance it really hit a nerve for me, as I've always thought to myself that I just cant picture Iggy sitting their in opposition if he looses the leadership?, I think he'll be long gone back to his American home.

    The hardest working MP in Parliament, bar none.

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