December 12, 2005

CBC violating Broadcast Act?

I think CBC’s current podcasting policy may be in violation of the Broadcasting Act ( 1991, c. 11 ):

Part I section (3)(1)(d)(iv), states that the CBC should:

be readily adaptable to scientific and technological change

Part I section (3)(1)(k) states that:

a range of broadcasting services in English and in French shall be extended to all Canadians as resources become available

Part I, Section (3)(1)(m)(vii) states that CBC programming should:

be made available throughout Canada by the most appropriate and efficient means and as resources become available for the purpose

It seems that these articles were written (in 1991) with the understanding that new technologies - internet, podcasting - would be on the way, and that the CBC is legally required to use them. They are clearly appropriate, and definitely efficient. I have not looked through the doc to see about the freeness issues, which to me is of critical importance.

Anyway, if there are any lawyers reading, do you want to take this to the CRTC? Here’s what happens if we do:

25. (1) Where the Commission is satisfied, after a public hearing on the matter, that the Corporation has contravened or failed to comply with any condition of a licence referred to in the schedule, any order made under subsection 12(2) or any regulation made under this Part, the Commission shall forward to the Minister a report setting out the circumstances of the alleged contravention or failure, the findings of the Commission and any observations or recommendations of the Commission in connection therewith.

Report to be tabled
(2) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is received by the Minister.

(via http://cbc.stasis.org/)

Filed under: podcasting, cbc

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