LAWS AND REGULATIONS AFFECTING CANADIAN MEDIA

By Renee Hildebrand

Part 1: INTRODUCTION

In Canada, while the media have a right to freedom of thought, belief, opinion, and expression, this is not without limitations imposed by the courts and in the case of broadcast media, by the CRTC.

THE COURTS

The courts prohibit the media from:

1. false broadcast or publication of material damaging to an individual's reputation;
2. infringing on a person's right to a fair trial;
3. using someone else's artistic and literary works without permission;
4. false and misleading advertising; and
5. publication or broadcast of obscene or indecent material.

THE CRTC

The Radio Regulations contained in the Broadcasting Act enforced by the CRTC forbid broadcasters from airing certain matter including, but not limited to, the following:

(a) anything in contravention of the law;
(b) any abusive comment that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability;
(c) any obscene or profane language;
(d) any false or misleading news; or
(e) any telephone interview or conversation, or any part thereof, with any person unless
(i) the person's oral or written consent to the interview or conversation being broadcast was obtained prior to the broadcast, or
(ii) the person telephoned the station for the purpose of participating in a broadcast.

THE CANADIAN BROADCAST STANDARDS COUNCIL

The broadcast industry is also self-regulated through the Canadian Broadcast Standards Council (CBSC). The Broadcasting Act or the Radio Regulations serve as the background to the voluntary industry codes administered by the CBSC. The voluntary codes are the CAB Code of Ethics, the CAB Voluntary Code Regarding Violence in Television Programming, the CAB Sex-Role Portrayal Code for Radio and Television Programming, and the Radio Television News Director Association (RTNDA) of Canada Code of Ethics.

Part 2: Important definitions for understanding Media Law issues.

Renee Hildebrand/January 2002