OTTAWA – Internet Service Providers (ISPs) that provide their subscribers with access to video programming should be considered broadcasting undertakings and therefore subject to the Broadcasting Act, a coalition of Canadian content providers told the Supreme Court of Canada on Monday.
At stake is whether the CRTC has the authority to regulate ISPs in a manner that furthers the objectives of the Act. After conducting a review of its policies regarding broadcasting on the Internet, the CRTC referred the legal question of whether ISPs can be considered “broadcasting undertakings”, as defined under the Act, to the Federal Court of Appeal. While the Federal Court of Appeal held that ISPs are not broadcasting undertakings, the Supreme Court granted the coalition leave to appeal.
The Creative Coalition, made up of members from the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), the Canadian Media Production Association (CMPA), the Directors Guild of Canada (DGC), and the Writers Guild of Canada (WGC), maintained that Parliament had always intended that the Broadcasting Act be applied in a technology-neutral manner.
“This case is about ensuring the integrity and vibrancy of the Canadian broadcasting system – a system that continues to evolve and that Canadians have built through sound public policy”, the Creative Coalition said in a joint statement. “Broadcasting is evolving as more and more Canadians watch television on their computers and flat screen TVs via their Internet connection. Contrary to the assertions of the ISPs, the CRTC has the tools under the Broadcasting Act to evolve with the broadcasting system it regulates.”
