Election results available early, blackout law broken online and on TV

by Tina Kells | October 14, 2008 at 09:09 pm
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The blackout law that prohibits publication of election results prior to the polls closing in the West was broken in the 2008 election, but this time the Internet was not the only place where the law was ignored.  Traditional media also broke the 70 years old gag law.

Several blogs and social networking sites that are available across the country posted comments and information about results in Eastern Canada while voters in western regions were still heading to the polls.

And satellite TV beamed Atlantic Canada's results to the West well before the law permits.

Section 329 of the Canada Elections Act bans the transmission of election results from any electoral district where polls have closed to districts where the polls are still open.

That means traditional audio and video broadcasts, websites and blogs aren't allowed to report election results nationwide until all the polls are closed. The blackout was put in place to try to prevent the posted results in the eastern time zones from influencing voters in the West.

According to Susan Ormiston, who was tracking the election online for CBC News, social networking sites across the country were buzzing with election news long before the last polls closed in British Columbia and the Yukon at 7 p.m. local time, 10 p.m. ET.

Online sites like Twitter and Facebook had posted comments about election results in Atlantic Canada while polls were still opene in other parts of the country.

"What's happened is Section 329 of the Elections Act, which did include all internet transmissions, has been busted as we expected by these social networking groups that go across the country," Ormiston told CBC News.

Curious Canadians could easily avoid broadcast bans on election results by heading to social networking sites — which are available across the country — where they can read the information posted in other regions, or join the discussion with comments or information of their own.

Blackout also broken by broadcasters

The problems weren't just online.

Some television viewers were able to see results from other regions despite the blackout. In Yellowknife, Peter Buell told CBC News that he was able to watch the results from Newfoundland and Atlantic Canada on a local cable channel even though polls in the Northwest Territories were still open.

"I have been watching the voting since 7 p.m. for Atlantic Canada by way of a free-to-air dish. Is what I have been doing illegal?" asked Timothy Albertson of Thunder Bay, Ont..

In Brandon, Man., Jack Whitaker said he watched results from provinces where polls were closed while polls were still open in Manitoba via a local cable channel.

"If this is happening across Canada, it could impact voting further west," Whitaker said.

In Toronto, some Bell ExpressVu satellite TV customers said they could watch the Atlantic results before casting their ballots.

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