You can’t regulate the Internet as broadcasting
July 8, 2010 3:02 pm Freedom of Speech, InternetWhen you use the Internet, you do not need prior government permission. When you broadcast, you do, and you become subject to myriad rules regarding Canadian content. Also vast fines for broadcasting without a licence. So it is essential that the Courts not classify the activities of Internet service providers, as well as you and me, as “broadasting”.
The CRTC referred the issue to the Federal Court of Appeal for a decision. The answer came back from Mr. Justice Noel:
The answer to the reference question is as follows: Retail Internet service providers (ISPs) do not carry on, in whole or in part, “broadcasting undertakings” subject to the Broadcasting Act, S.C. 1991, c. 11 when, in their role as ISPs, they provide access through the Internet to “broadcasting” requested by end-users.
The importance of this decision is that it makes it much more difficult for some future set of commissioners at the CRTC to decide that the Internet is “broadcasting” and thereby subject it and you, dear reader, to a vast expansion of government licencing of speech. Thank you, Mr. Justice Noel and colleagues Nadon and Dawson on the Federal Court of Appeal.
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Dalwhinnie
Hoarfrost :
Date: July 8, 2010 @ 11:34 PM
Interesting. Whats to stop a radio station or TV station from applying the same definition. No-one interferes a person from changing a radio station or a TV channel.
dance...dance to the radio :
Date: July 9, 2010 @ 12:53 AM
After my kids finished watching their on demand choices and went to bed this evening I turned the tv off and and went to my computer.
And read whatever I wanted to without regard to cancon rules.
I’m free from the crtc online.
And happy.
When I was young there was two local newspapers and three tv newscasts and two radio stations with a news focus.
Now I can read whatever I want and self select my editorial content from all over the world.
Blair Atholl :
Date: July 24, 2010 @ 5:54 PM
there is too much money being made on the internet for it to survive the grasp of the entitled.