Media has been with us through the ages. From the printing press to the era of the Internet, the media has been our source of information and entertainment.
Media law in Canada has come a long way in helping regulate the use of mass media for the good of the public. But what are the laws on mass media in Canada, and what does it mean for its citizens? In this article, we’ll find out more about Canada's media laws.
What is media law in Canada?
Media law is the set of statutes — most of which are enacted at the federal level — on how people can use media and technology. These uses can include expressing themselves or using media for commercial purposes. Those who are covered by these laws include:
- mass media outlets (whether in print, TV, radio, or the internet)
- media practitioners (e.g., journalists, writers, content creators)
- businesses and companies (e.g., marketing agencies, advertisers)
- the public
In Canada, media law defines how the use of media can become a violation of the other person’s right. As such, the rights granted to everyone under the Canadian Charter of Rights and Freedoms may be eventually restricted by Canadian media laws, given that this restriction is valid and legally sound. It’s also a regulation on which entities can be considered as broadcasters and publishers through the licensing processes prescribed by law.
Here’s a video that shows how media law in Canada helps regulate the use of spam texts and emails:
If you need help with media law in Canada, reach out to a lawyer in your area. If you’re in Halifax, contact the best entertainment lawyers in Nova Scotia.
Key legislation on media law in Canada
The media in Canada is regulated by several laws. Below are some of the most important laws when it comes to media regulation in Canada:
Broadcasting law
- Broadcasting Act
- Telecommunications Act
- Radiocommunication Act
Defamation law
- Criminal Code
- provincial and territorial laws on libel, slander, and defamation
Privacy law
- Personal Information Protection and Electronic Documents Act (PIPEDA)
- Canada's Anti-Spam Legislation (CASL)
Intellectual property laws in media
- Copyright Act
- Trademarks Act
Advertising and marketing law
- Competition Act
- provincial and territorial consumer protection laws
Digital media and internet law
- Online News Act
- Online Streaming Act
These laws are in addition to the common law principles (e.g., common law tort for defamation, libel, and slander) and the Civil Code of Québec.
The laws and regulations that apply to an organization would be more specific depending on its operations. This is why you must always seek legal advice. Consult with one of the best, such as a Lexpert Rising Star entertainment lawyer.
What does Bill C-18 mean for Canada?
One of the latest media laws in Canada is Bill C-18, or the Online News Act (ONA), which became law when it received Royal Assent on June 22, 2023. Its regulations, the Online News Act Application and Exemption Regulations, came into force on December 15, 2023.
Main purpose of the Online News Act
The ONA’s main purpose is to regulate the dominant digital platforms that act as intermediaries when they share the content of news outlets on their services. These digital platforms must then properly compensate these news outlets to ensure their revenues and keep these important businesses alive. A bargaining framework was established by the ONA so that a fair agreement can be reached between these digital platforms and the news outlets.
Through these measures, both the news outlets and the digital news intermediaries are on equal footing when it comes to the bargaining of compensation of these outlets. This is also based on the recognition that, most of the time, the business of these news outlets is relatively smaller compared to the digital platforms. It makes the news outlets vulnerable to closure, while the intermediaries profit off the news that they produce.
Bargaining process under the Online News Act
It’s ideal that both the news outlets and the digital platforms reach an agreement regarding the compensation that is due these outlets. The ONA provides for the following bargaining process that they must follow:
- bargaining sessions: when the duty to bargain arises, parties must proceed to negotiation or bargaining sessions within 90 days
- mediation sessions: if the parties cannot reach an agreement which they think is fair, they will proceed to a mediated mandatory bargaining process within 120 days
- final offer arbitration: if there’s still no agreement reached after the mandatory bargaining and at least one of the parties initiate the arbitration, a final offer arbitration must be done within 45 days:
- each party submits a final offer
- an independent arbitral panel chooses one of the two final offers
The agreement chosen after the final offer arbitration is binding between the parties. The terms of an arbitral decision or negotiated agreement may be also enforced by the court, through a party’s application, to recover any payments due.
How is media regulated in Canada?
The Canadian Radio-television and Telecommunications Commission (CRTC) is an administrative tribunal which is one of main implementors of media law in Canada. It also regulates and supervises broadcasting and telecommunications, among many other roles granted to it by different laws, such as the CRTC Act.
The role of the CRTC
According to abovementioned Canadian media laws, the CRTC is implementing body of its regulations. It also can impose penalties, such as monetary fines, for administrative violations of these laws.
Here are some examples of the roles of the CRTC as the regulator and implementor of media law in Canada:
- Broadcasting Act:
- facilitates the issuance of a TV licence, the licensing requirements, and its exemptions
- Online News Act:
- overseeing the implementation of the bargaining framework between news outlets and digital media platforms
- determine the news businesses that are allowed to use the bargaining framework
- list the digital platform intermediaries which the ONA applies to
- Online Streaming Act:
- allows the CRTC to impose conditions on online undertakings, which is a new category of broadcasting
Do you have more questions about the media law in Canada? Contact the best entertainment lawyers in Canada as ranked by Lexpert.\
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