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No Opinions Permitted: Broadcast Panel Rules Jokingly Criticizing Canadian Content During Radio News Segment Violates Code of Ethics
The Canadian Broadcast Standards Council has ruled that a news broadcast that jokingly criticized Canadian content violates the Canadian Association of Broadcasters’ (CAB) Code of Ethics and the Radio Television Digital News Association of Canada’s (RTDNA) Code of Journalistic Ethics. The complaint arose from a December 2019 broadcast on Toronto radio station CFRB. David McKee used his lead-in to a report on a possible Netflix tax to state “the libraries of streaming services like Netflix, Disney+ could soon have more of a Canadian flavour that nobody watches or wants if the federal government gets its way.”
Why the USMCA Locks in the Internet Platform Liability System in the U.S., Canada and Mexico
U.S. President Donald Trump yesterday signed an executive order targeting Internet platforms after Twitter fact-checked one of his tweets on mail-in voting (the company followed up with a warning on another tweet earlier today involving glorifying violence). The order cannot simply reverse current U.S. law, but it encourages U.S. regulators to rethink how the Internet safe harbour provisions that limit liability for Internet platforms for third party content are implemented.
While the U.S. is obviously free to assess its statutory approach, one issue that received little attention is that the U.S. has effectively locked itself into the safe harbour system through its trade agreement with Canada and Mexico. The inclusion of safe harbour provisions in the agreement were viewed by some as an attempt to force Canada to adopt similar rules, yet the more likely reason for lobbying on the issue was to ensure that the U.S. itself was bound by the rules. Indeed, there were last minute efforts to remove the provision from the final deal, but those were ultimately rejected.
Privacy and Zambonis in the Age of COVID-19: My Ian Kerr Memorial Lecture
Last week, I had the enormous honour to deliver the first IAPP Ian Kerr Memorial Lecture. The IAPP and the broader privacy community has been incredibly supportive in the months since Ian’s passing, recognizing his exceptional contributions to the field and stepping up to help support the Ian R. Kerr Memorial Fund at the University of Ottawa. The Ian Kerr Memorial Lecture, which will be an annual lecture held by the IAPP, provided an opportunity to rediscover Ian’s scholarship and think about how he would been an essential voice during the current global pandemic. The lecture – along with introductions from IAPP President Trevor Hughes and UK Information Commissioner Elizabeth Denham – can be found here and is embedded below.
Why “Taking On” Google and Facebook Isn’t the Cure for the Media Sector’s Ills
Canadian media organizations face difficult challenges in an age of virtually unlimited Internet competition, a dramatic shift toward digital advertising, and an unprecedented global economic and health crisis. That has led media groups to urge the federal government to “take on” Google and Facebook by requiring them to fund local media. Prime Minister Justin Trudeau has thus far declined to do so. That may spark criticism in some quarters but claims that government-mandated payments from Internet companies will solve the sector’s ills are unconvincing.
My Financial Post op-ed notes that everyone agrees the media sector is more competitive than ever. News organizations such as the New York Times and Washington Post, digital media companies like The Athletic and The Logic, podcasters competing with mainstream media audio offerings and the CBC’s continued digital expansion all offer compelling and competitive news alternatives. This breadth of choice for Canadian news consumers isn’t the fault of Google or Facebook. It is a reflection of low barriers to market entry and a proliferation of services that often do a better job than many established media companies of serving specialized content.
After the Tech-Lash: Digital Policy Priorities in the Post-Pandemic World
In the months before the coronavirus outbreak, numerous governments around the world enthusiastically jumped on the “regulate tech” train. Digital tax proposals, content regulation requirements, national digital spending mandates, as well as new privacy and data governance rules were viewed by many as essential to respond to the increasing power and influence of digital giants such as Google, Facebook, Netflix, and Amazon.
My Globe and Mail op-ed notes the pandemic has not only sparked a massive shift in economic and health policy priorities, but it is also likely to reorient our views of the tech sector. Companies that only months ago were regarded as a threat are now integral to the delivery of medical equipment, critical to the continuing function of workplaces in a work-from-home world, and the platforms for online education for millions of students. Billions of people rely on the sector for entertainment, communication with friends and family, and as the gateway to health information.
Recent Posts
No Opinions Permitted: Broadcast Panel Rules Jokingly Criticizing Canadian Content During Radio News Segment Violates Code of Ethics 
The LawBytes Podcast, Episode 53: Welcome Development or Waste of Time? – A Conversation With Facebook Oversight Board Member Nicolas Suzor 
Why the USMCA Locks in the Internet Platform Liability System in the U.S., Canada and Mexico 
Privacy and Zambonis in the Age of COVID-19: My Ian Kerr Memorial Lecture 
The LawBytes Podcast, Episode 52: Fair Dealing for Film Makers – Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case
