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.”
No Opinions Permitted: Broadcast Panel Rules Jokingly Criticizing Canadian Content During Radio News Segment Violates Code of Ethics
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.
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.
Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision
The Federal Court of Appeal delivered its long-awaited decision the York University v. Access Copyright case yesterday, setting aside the lower court ruling that I had described as “a complete victory” for Access Copyright. The latest ruling will not leave York University and the education community completely happy given the court’s fair dealing analysis, but winning on the mandatory tariff issue removes both the threat of mandated payments to Access Copyright as well as the possibility of a copyright infringement lawsuit by the copyright collective. That represents an enormous win both for York and for a fair approach to copyright licensing that ensures users have licensing choice.
The Standing Committee on Industry, Science and Technology has released its recommendations for changes to Bill C-4, the bill designed to implement the Canada-US-Mexico Trade Agreement. I appeared before the committee and used this week’s Lawbytes podcast to highlight some of the discussion. The committee had a limited time to study the bill, but arrived at some important recommendations on the copyright and digital policy provisions.
First, it recommended adding a new exception to Canada’s digital lock rules to address concerns in the agriculture sector about the right to repair their equipment. The issue has been gaining momentum around the world as many identify the over-broad restrictions often associated with anti-circumvention laws. The recommendation: