Canada to repeal election-night ban on communicating results

This article was last updated on April 16, 2022

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Canadian government is going to abrogate the ban on communicating election results while polls are still open, aligning the law with the instant communication methods of the 21st century.

The announcement was made by the Minister of State for Democratic Reform Tim Uppal via Twitter Friday.

Uppal said: “Our government is committed to bringing Canadian elections into the 21st century by getting rid of this dated and unenforceable law. Canadians should have the freedom to communicate about election results without fear of penalization.”

According to section 329 of the Canada Elections Act, transmission of election results to a riding where voting is in the process is completely restricted. Anyone intentionally infringing the law was to be fined $25,000.

“We’re in the 21st century,” said Uppal. “The ban, which was enacted in 1938, does not make sense with the widespread use of social media and other modern communications technology.”

Michael Geist, the Canada Research Chair in Internet and e-commerce law at the University of Ottawa, said the cancellation of this particular law was long awaited. He said the law was evidently at odds with basic rights to free expression.

“Real time discussion and analysis takes place on Twitter,” he said. “The notion that we would prohibit that with real penalties runs completely counter to our traditional protections for freedom of expression.”

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