Archive for January 29th, 2013

Does Canada’s Anti-Spam Law Really Make It Illegal To Email a Step-Parent or Great Uncle? No.

Over the past couple of weeks, there have been a myriad of posts and articles criticizing Canada’s anti-spam legislation. According to some posts – primarily those by Barry Sookman – the legislation will stop family members from sending commercial email to each other, parents from promoting their children’s lemonade stands, and discriminate against charities and schools. Is this true? In a word, no. While there is little point in unpacking each of the many outrageous claims, over the next few days I’ll offer up a few posts on some of the crazier ones.

Today’s post focuses on the suggestion that families will be stopped from sending commercial messages to other family members. Sookman writes:

CRTC Should Put Consumers First and Drop ‘Must Carry’ Requirements

Canadians frustrated with ever-increasing cable and satellite bills received bad news last week with the announcement that the Canadian Radio-television and Telecommunications Commission will consider whether to require cable and satellite companies to include nearly two-dozen niche channels as part of their basic service packages. If approved, the new broadcast distribution rules would significantly increase monthly cable bills with consumers forced to pay for channels they may not want.

My weekly technology law column (Toronto Star version, homepage version) notes that two issues sit at the heart of the broadcast distribution rules. First, whether the CRTC should grant any broadcaster mandatory distribution across all cable and satellite providers such that all subscribers are required to pay for them as part of their basic packages. Second, in the absence of mandatory distribution, whether broadcast distributors should be required to at least offer the services so that consumers have the option of subscribing.

CRTC Should Put Consumers First and Drop ‘Must Carry’ Requirements

Appeared in the Toronto Star on January 27, 2013 as CRTC Should Put Consumers First and Drop ‘Must Carry’ Requirements Canadians frustrated with ever-increasing cable and satellite bills received bad news last week with the announcement that the Canadian Radio-television and Telecommunications Commission will consider whether to require cable and […]