Grassroots fact-checking or illegal advertising? City probes websites targeting Toronto mayoral hopefuls

Toronto Elections’ investigation raises questions about what kind of advertising should be allowed in the mayoral race.

Thestar.com
April 17, 2023
Alyshah Hasham

Websites taking aim at the council track records of some high-profile candidates for mayor may have run afoul of the city’s elections watchdog, sparking debate over what kind of campaign advertising could -- or should -- be allowed in the wide open race.

After receiving complaints and with no other contact information available, Toronto Elections sent public tweets this week to Twitter accounts linked to websites targeting Brad Bradford and Ana Bailao, asking them to get in touch.

Toronto Elections did not say who made the complaints, but the concern is that the websites constitute illegal paid political advertising because whoever is behind them is anonymous and has not registered with the city as a third-party advertiser, a requirement for anyone spending money on “advertisements or other materials that, promote or oppose a candidate in the municipal election.”

The ensuing social media responses have raised questions about where the line is on third-party advocacy and who is behind the posters, satirical ads, social media accounts and websites that have become part of the hotly contested race of more than 40 candidates.

Group chat unhappy with Brad Bradford starts website
It all began with a group chat of politically engaged friends in Bradford’s ward of Beaches--East York who were unhappy with him as a councillor, said Britt Caron, one of the people involved in the initial Bradford-focused content.

“When it became more clear that Brad was going to run for mayor, we kind of came together to say we want his track record to be out there,” Caron said, adding that she did not make the website and is not behind any of the Twitter accounts.

Someone designed a movie-style poster available for download, and they posted some around town during the pre-election period. When they posted it on Twitter, it was shared widely -- achieving a reach far bigger than they expected.

Since then, it has grown as a “grassroots and decentralized” group that has expanded to take on other candidates including Bailao and former Toronto police chief Mark Saunders, she said.

Theories about who is behind the websites
Theories have circulated about who is behind these accounts and websites, with some think it is the work of cunning political strategists. Caron said she does not know all the other people involved, but does not believe that is the case.

The Twitter accounts -- one has a cartoon Jamaican patty as its profile picture in homage to Bradford’s amusing pre-election stop video at a restaurant in Scarborough -- have said the same: they are simply concerned residents sharing factual information about these candidates by scouring council records and news stories, and highlighting what they see as hypocrisy in short, snappy ways.

Caron understands why there has been criticism about the accounts and websites being anonymous, but counters that it protects, for example, people who want to be involved but may not be able to speak publicly due to their jobs.

The message also seems to be more powerful and resonant coming from a group of citizens rather than an individual, she says.

“The rules favour people who are incorporated, who have money, who have recognition, who have resources,” she said, noting that several candidates were able to soft launch campaigns before the official election period began.

Third-party advertising has a grey area
There is a grey area in the realm of third-party advertising and it really comes down to the question of, are you spending money, said Zachary Spicer, an associate professor at York University’s School of Public Policy and Administration.

Does that including paying for a website? The Bradford-targeted website says it is an archived version of what was put online before the election period formally began. The Bailao-targeted website says “small donations” were used to pay for the domain name and hosting.

And in a practice that raises bigger questions about the proliferation of video and audio “deepfakes” in elections in general, it’s unclear if the rules include people making videos satirizing candidate ads that might have used AI to replicate candidate voices.

Third-party advertising rules are aimed at preventing anonymous smear campaigns against candidates that were funded by other candidates or their supporters, said Spicer, who used to work for the Ministry of Municipal Affairs and was involved in reviewing the relevant legislation.

It was a big problem in small, often localized campaigns with low spending limits, particularly in the GTA, where an unknown group would print attack ad flyers and put them into mailboxes, he said.

Third-party rules created to stop anonymous smear campaigns
These advertising rules were brought in to try and prevent that and hold candidates to their spending limits, while also leaving space for people to publicly express their opinions. Prominent examples of third-party advertisers are the conservative advocacy group Ontario Proud (whose founder is Bradford’s digital director) and Progress Toronto, a non-profit focused on electing progressive candidates.

Candidates are not allowed to have professional services volunteered for free -- such as website designers or video editors -- to keep the playing field level, Spicer said, and the third-party advertising rules are an extension of that.

“We want to know how you are funded, to keep everything above board,” he said.

One issue is that city clerks don’t have the tools to investigate, which results in candidates themselves having to bring legal action if they feel there has been a breach of the rules, Spicer said.

Social media not covered by third party rules
The city is clear that social media use is not covered by third-party advertising rules.

“Our tweets were only intended to contact website owners who appear to be engaging in third-party advertising as described in the Municipal Elections Act,” a city spokesperson said.

“We acknowledge that instead we made it appear we were commenting on individual social media posts. We did not intend to leave that impression since we are clear that social media posts supporting or opposing a candidate do not qualify as third-party advertising.”

The candidates themselves say they are focused on the race.

“Toronto Elections can focus on making sure a free and fair election takes place in accordance with the rules. Brad and his team are focused on less talk and more action to deliver for the people of Toronto,” a spokesperson for Bradford’s campaign said.

“We have no idea who is behind these accounts. We look forward to engaging with residents and other candidates on issues and are focused on building support by meeting with communities, leaders, and stakeholders across the city,” said a spokesperson for Bailao.