Forum Moderators: open
Right to freedom of expression (section 2(b) of the Charter)
As broadcasting is a medium of communication, the Bill’s regulatory requirements, which are backed by penalties for non-compliance, have the potential to engage section 2(b) of the Charter.
Section 2(b) of the Charter provides that everyone has freedom of thought, belief, opinion and expression, and includes freedom of the press and other media of communication. Section 2(b) has been broadly interpreted as encompassing any activity or communication, aside from violence or threats of violence, which conveys or attempts to convey meaning. Freedom of expression protects speakers as well as listeners.
The following considerations support the consistency of the proposed regulatory requirements with section 2(b). The provisions aim to establish a fair competitive environment for online and traditional broadcasting services in Canada, in the context of changing market trends that have not been favourable to traditional broadcasters.