Thursday, April 21, 2011

Internet coverage of election night

It seems that just recently some members of the media, including former member of Moxy Fruvous and current CBC broadcaster Jian Ghomeshi, have just recently figured out that tweeting about elections results before all of the polls have closed is prohibited by the Canada Elections Act.

The most important section of this act seems to be s. 329, which would appear to pretty clearly prohibit such behaviour.

329. 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.

I guess what I find a little strange about this coming up now, especially coming from CBC employees, is that television and radio broadcasts produced by their employer have had staged broadcast coverage for years precisely because of this clause.  Did they fail to notice this fact during their coverage of the last election?

That being said, I think it is pretty clear that this section of the law was written without the understanding that it would restrict millions of people from engaging in everyday social media behaviour. Furthermore, given that it is almost impossible to expect 100% compliance with this law might it not make a little more sense to find a way of modifying the law so that loopholes/non-compliance don't negatively impact those who do comply with the prohibition?

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