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Thursday, October 20, 2005

More on blogs and the gag law

Darren Barefoot noted on Gerry Nicholl's post on the issue of blogs and the gag law that in the last provincial election in BC, Elections BC determined that blogs were advertising. See more about that here and here.

Posted by Paul Tuns on October 20, 2005 in Weblogs | Permalink


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ebt is correct the B.C. legislation definition of " election advertising" is not the same as the Feds. The Feds clearly sets out exemptions - B.C. does not.
The B.C. definition:

"election advertising" means advertising used during a campaign period

(a) to promote or oppose, directly or indirectly, the election of a candidate, or

(b) to promote or oppose, directly or indirectly, a registered political party;

note the word " advertising" is not defined in the act -so at law it is interpreted to have the same ordinary everyday meaning as the word is understood to have in everyday use.

So in B.C., as I read it , you would only have to register if you were to give a party an " in kind" donation by running a banner or a streaming vid etc. that promotes, opposes etc. which would be displayed as any other advert on your site.

If you provide editorial on the election that either promotes or opposes you would not have to register as "editorial" content and "advertising" content are understood to have different meanings according to everyday usage.

Posted by: NBob | 2005-10-20 4:02:17 PM

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