Electoral Commission and Social Media
There has been public interest about the rules regarding social media and the Electoral Commission’s approach to dealing with complaints.
Prior to Election Day
Prior to election day, there are a number of requirements that apply to election and referendum advertising. These rules apply to election advertising in all media.
However there is a specific exemption in the legislation for any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.
Individuals expressing personal political views on their own site or through social media sites are covered by this exemption.
On Election Day
There are different rules that apply on election day. For example, it is an offence, at any time on election day before the close of the poll at 7pm, to publish any statement intended or likely to influence any elector as to the candidate or party or referendum option for whom the elector should or should not vote.
These rules reflect the long-standing feature of New Zealand electoral law that voters should be free from interference and influence on election day. They are the reason, for example, that all election billboards have to be removed before polling day.
These rules apply to statements published or broadcast in all media including social media. The Electoral Act specifically addresses the application of these rules to websites.
Election material does not have to be removed from a website on polling day, so long as the material on the site is only made available to people who voluntarily access it. New material must not be posted and advertisements promoting the website must not be published on polling day.
The Electoral Commission’s advice to people using social media is not to post messages on election day that could breach these rules. The prohibition of advertising on polling day enjoys strong public support, and significant breaches are likely to generate complaints.
The Electoral Commission’s role
The Electoral Commission does not proactively monitor all the circumstances and mediums in which breaches of the electoral law might occur. However, where the Electoral Commission becomes aware of a breach through the media or receives a complaint the Commission will look into the incident and where appropriate refer to the matter to the Police.
During election year, the Commission does carry out standard media monitoring, both mainstream and online, to ensure accuracy of information and to correct misunderstandings where possible.
The Electoral Commission has its own social media presence on Facebook with ‘Orange Guy’ as its spokesperson at https://www.facebook.com/IvoteNZ.