Tweeting on Election Day

May 27th, 2011 at 10:00 am by David Farrar

Kate Chapman at Stuff reports:

Social media will play a big part in the election campaign this year, but MPs and their supporters are being warned not to send messages using Twitter on election day. …

The commission would be making use of social media to promote the election, but would also be monitoring it to ensure people were following the law.

Electioneering on election day is an offence under the Electoral Act, with fines of up to $20,000.

“Tweeting, like any form of communication with the public where you are seeking to influence, is a breach of the act [if done on election day],” Mr Peden said.

Action would be taken against people caught sending tweets aimed at influencing voters on election day.

It is no surprise that the same rules apply to Twitter, as to any other medium.  The rules are in s127 of the Electoral Act, specifically s217(1)(g)(i) and (iv).

at any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts
(i) any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or
(iv) any party name, emblem, slogan, or logo; or

So even mentioning the name of a party on Twitter on election day could be a breach. I doubt action would be taken unless it was in the context of the election.

Of course not everyone on Twitter uses their real name, or has contact details, so any enforcement action could prove problematic.

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15 Responses to “Tweeting on Election Day”

  1. dime (6,204) Says:

    what if i update my facebook status at 11:50 the day before and leave it there all day :O

    pretty hard to crack down on twitter.

    some kiwi living in aussie with 1000 followers can tweet like a mofo and be fine

    [DPF: Doing it before midnight is fine]

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  2. hj (3,798) Says:

    You would hope that the best ideas win but infact it seems to be the most motivated zealots who drive the political machines.

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  3. Viking2 (9,463) Says:

    well time to make the election one of clear policies, well explained etc.
    Still there will be plenty of people with anonymous twitter accounts.

    But still isn’t this law now an anackronismalaongwith supression laws. I know plenty of voters are dumb etc butmost can discern the influence of pollies.
    Better to make the law say that no new bribes or policies can be announced within two weeks of any election.
    I.e. get their shit together in plenty of time and tell us properly rather than spring bribes at the last minute.

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  4. Manolo (9,887) Says:

    This is imbecility of the highest order. How will this ludicrous law be enforced?

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  5. Mike78 (81) Says:

    So many ways to have fun with the above. – so if I tweet the following – what will happen.

    Wow, really suffering what feels like bad Labour pains today . Maybe to much KFC?

    or

    Geez, just read an article and going Green its just not for me .

    Etc etc.

    What if 1000 people then retweet me ? 1000 prosecutions?

    So much effort to prevent such a minor problem, should just flag it and do what they do overseas – not worry about it .

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  6. Murray (8,832) Says:

    So are they going to prosecute us in batches of 1,000 or 10,000?

    Remmeber what happened when they told us not to eat the KFC double down.

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  7. Pete George (17,596) Says:

    Remember what happened when they told us not to eat the KFC double down.

    A heap of people doubled their calory intake to stick it up whoever they thought they could – and they’re probably still carrying the extra fat.

    Some people see election day online campaigning as a problem, and more probably see it as a challenge.
    Easter Fridayitis on steroids.

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  8. Murray (8,832) Says:

    That whooshing sound was the piont flying over your head pete. Trying to stop kiwis doing something by telling they can;t is red rag to a bull.

    Please note the use of the word red does not constitute support for labour or the aledged greens… or mongrel mob.

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  9. Pete George (17,596) Says:

    The wooshing sound was the point flying over your head Murray.

    Telling people not to tweet politically tweet on election day is a self harmless red rag.
    Telling people not to consume even more cholestorol is a self harm red rag.

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  10. dime (6,204) Says:

    [DPF: Doing it before midnight is fine]

    so its not like a sign on my lawn that needs to be taken down :P

    always creeps me out when i spot a DPF comment under one of mine.. i think its demerit time!

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  11. Pete George (17,596) Says:

    so its not like a sign on my lawn that needs to be taken down

    No, and you shouldn’t need to burn all your newspapers. What if you haven’t cleared your mailbox for a day or two and there is political junkmail in it on election day?

    And isn’t it traditional on the 6 o’clock news to show the incumbent PM and LOTO casting their votes? Isn’t that a bit suspect?

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  12. gravedodger (1,172) Says:

    It has always been a little confusing to me that a candidate can’t campaign on polling day but it OK for the supporters of that candidate to take people to the local KFC and just happen to pop into the Polling booth on the way.
    Another activity wide open to a rort is the “assisting” of electors to “cast their vote”., who actually monitors where the tick is placed and by whom.

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  13. ross (1,454) Says:

    I don’t believe the powers that be would be concerned if someone mentioned a party name on election day. Let’s face it, you can see party names all over the internet and will be able to do so on election day. I believe the law was introduced to try to prevent the mass media from supporting a particular candidate or party and therefore potentially influencing an election outcome. It’s difficult to imagine that if someone tweets a party name on election day, that could potentially influence the election. And surely a person is entitled to communicate to their friends who they voted for.

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  14. Simon Lyall (88) Says:

    Once again the problem with “broadcasting” laws intersecting with “conversation” . So it’s perfectly legal to say “I just voted for Labour” to your family or probably a party of 20 people around at your house. But tweet it to you 20 followers or update your facebook status is the equivalent of taking out a front-page newspaper ad according to the law.

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  15. petal (697) Says:

    What if I set up Twitter accounts named “PleaseVoteForNational” and “LabourCheatWithLies”. And both of those will be tweeting about cat pictures during election day using a lot of @Labour and @National type of tags?

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