When Should I Complain?
Disinformation
Freedom of expression is a fundamental right of Canadians to the extent that the exercise of that freedom does not involve wilful harm to the integrity or reputation of others.
The Act does not prohibit disclosure of personal opinions and views. However, there are prohibitions on the following topics:
Misleading publications :
The Act prohibits the publication or distribution, at any time, of any material intended to mislead the public into believing that the material was produced, distributed, transmitted or published by or under the authority of :
- the Chief Electoral Officer;
- a returning officer;
- a political party;
- a candidate;
- a prospective candidate.
Exception :
There is no offence if the material was manifestly distributed, transmitted or published for the purpose of parody or satire.
False statements :
During the election period, no person or entity shall knowingly make or publish, for the purpose of affecting the results of an election, a false statement concerning a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party:
a) alleging that one of these has :
- committed an offence under an Act of Parliament or a regulation made under such an Act;
- has been charged with or is under investigation for such an offence;
- is under investigation for committing such an offence.
OR
b) that concerns their :
- citizenship;
- birthplace;
- education;
- professional qualifications;
- membership in a group or association.
It is also prohibited for any person or entity to publish a false statement indicating that a candidate has withdrawn.
Impersonation :
The Act prohibits impersonating the following persons with intent to mislead :
- the Chief Electoral Officer, a member of his or her staff or a person authorized to act on behalf of the Chief Electoral Officer or his or her office;
- an election officer or a person authorized to act on his or her behalf;
- a person who is authorized to act on behalf of a registered party or a registered association;
- a candidate or a person who is authorized to act on a candidate’s behalf.
Exception :
There is no offence if the impersonation was manifestly for the purpose of parody or satire.