The agency responsible for overseeing Canada's federal election is warning voters that posting preliminary results on Twitter and Facebook on election day could land the offender with a $25,000 fine. But only if someone complains.
In the run-up to voting day on May 2, Elections Canada has been revisiting its "premature transmission" policy as it pertains to the use of popular online social media such as Facebook and Twitter.
As they stand, the rules covering disclosure of early poll results date back to 1938, when the law first banned premature transmission of results in "any manner."
According to 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."
Considering Canada's geographical breadth, which spans a total of six time zones, the aim was to ensure that all voters had the same information when they headed to the ballot box, as well as prevent them from being influenced by the how the election is shaping up elsewhere in the country.
In essence, the law banned transmission of election results from any district where polls are closed to districts where polls remain open.
While transmission when the law was first enacted amounted to radio and television, the rise of the Internet and particularly social media has changed the communications landscape.
While the rules have not changed significantly to reflect these technological developments, the issue was addressed somewhat in 1996, when election officials began staggering the hours polls are open in different parts of Canada.
As a result, Elections Canada said at the time that "a majority of results will be available at the same time across the country."
But in light of the average citizen's ability to now instantly communicate to a virtually unlimited audience online, that measure is no longer enough.
Recognizing that changing media landscape, Elections Canada has announced that it is now taking those changes into account.
Whereas private messages sharing preliminary results between 'friends' on Facebook are admissible, the agency said this week that public wall posts to the same website are not.
The catch is that enforcement of the Elections Act is generally complaints-driven. Meaning that, while the agency will not be monitoring social media websites for violations, the commissioner of Elections Canada will investigate any that are brought to its attention.
Online reaction to the Election Canada's most recent pronouncement has been swift and heated, with many decrying the rule as futile and outdated.
The director of the National Citizens Coalition, for instance, tweeted, "Elections Canada needs to recognize reality, not try to shape a new one."
In a series of tweets, Stephen Taylor went on to suggest the only surefire way to ensure results aren't disclosed before they should be is to close polls at the same time nationwide.
"Anything else does not mesh with both the law and a realistic expectation of reality," he wrote, later adding: "Further, the law is against freedom of speech."
Since the dawn of the Internet age, Elections Canada has only ever prosecuted one individual for violating Section 329. In 2000, British Columbia software designer Paul Bryan was fined $1,000 for publishing Atlantic Canada results to a blog before polls were closed in his province.
In its 5-4 ruling on the Bryan case, however, the Supreme Court ruled in 2007 that the publication ban is a "reasonable limit" aimed at ensuring the vote is fair, and does not infringe on Canadians' Charter rights.
