Whereas Elections BC regulates and defines online advertising as election advertising that has or would normally have a placement cost, but this does not specifically or explicitly include all digital campaigns or data collection; And whereas sophisticated data analytics, weapons-grade communication technology, artificial intelligence and machine learning, alongside under-regulated online campaign and engagement tools have emerged to use psychographic profiling and predicting techniques to identify voter behaviour and persuade the persuadables using a variety of online engagement methods including but not limited to news, profiles, groups, memes and shareables; And whereas the use of deceptive and coercive digital campaigns have been implicated in manipulating electoral outcomes in developing nations, and more recently the Trump campaign in the United States, Brexit in the UK Cambridge Analytica and in BCs 2017 provincial and 2018 local elections AIQ: Therefore be it resolved that UBCM request the Government of British Columbia to expand the definition of advertising to cover digital political campaigns and tools, and mandate their disclosure of how and when data is being collected and used, and by whom.
Ministry of Municipal Affairs In 2020, the BC Chief Electoral Officer made recommendations for legislative amendments to the provincial Election Act for which the Ministry of Attorney General MAG is responsible to better regulate online election advertising. While the recommendations are to amend the provincial Election Act, the report suggests making similar amendments to the Local Elections Campaign Financing Act LECFA. Traditionally, amendments to LECFA follow amendments to the provincial Election Act while also considering the unique nature of local elections. This approach ensures that there is no greater regulation of elections locally than provincially, and that the two regulatory schemes align where appropriate. In 2020, the UBCM membership endorsed a resolution to update election campaign financing rules that included establishing a pre-campaign period. In early 2021, the Legislature passed amendments put forward by the Ministry of Municipal Affairs ministry to lengthen the time period that election advertising is regulated from 29 to 89 days by establishing a pre-campaign period. The amendments also clarify that election advertising includes canvassing voters -- in person, by telephone or over the internet -- to attempt to influence how voters vote, or mailing material with those communications if the activities are conducted on a commercial basis. This ensures that when these activities are conducted on a commercial basis, they are subject to election advertising rules including disclosure requirements and need to be accounted for as an election advertising expense. Additionally, new enforcement tools allow Elections BC to directly require platforms like Facebook to provide information about sponsors of advertising on those sites. The ministry will continue to consult with the MAG on the state of any potential amendments to the provincial legislation as they relate to digital campaigns and online election advertising and if so, consider whether similar amendments are required locally.