Parliamentary committee wants panel to look at increasing foreign channels

Concerns about the lack of choice of foreign and third-language programming in Canada and about individual privacy due to a lack of certainty over the duties of inspectors are plaguing Bill C-2. The bill would amend the Radiocommunication Act to tighten penalties for dealing in the black and grey satellite TV markets. To deal with these shortcomings, the Standing Committee on Industry, Science and Technology examining the legislation is proposing that a review panel be set up to recommend ways to ensure that more foreign and third-language channels are available in Canada. The committee passed a motion on May 13 that was tabled by committee member Joe Fontana and seconded by James Rajotte that calls on Canadian Heritage and Industry Canada to establish a small review panel to consult the public to "research and provide recommendations on how to increase competition and choice in terms of new services while still supporting the fundamental objectives of the Broadcasting Act, the protection of the interests of the Canadian broadcasting industry and the Multiculturalism Act." "The committee has determined that a two-phased approach is required to address the black market and the grey market that provides for more enforcement along with more choice for consumers," reads the motion. "…Recognizing that some Canadians find it necessary to access programming through the grey market, the panel’s recommendations should include ways to ensure that the more popular foreign and third-language services are available within the Canadian broadcasting system." Appearing before the committee last month, some ethnic groups urged the government to legalize grey market television so that they could continue to access third-language programming currently not available in Canada. They feel that the grey satellite TV market is different from the black market because money flows back to the programmers (CCR, May 6/04). Committee members had opposing views on whether the grey satellite TV market should be legalized, because the licensed Canadian satellite TV distributors, Bell ExpressVu LP and Star Choice Television Network Inc., don’t always find it profitable to carry ethnic channels. But the members agreed that further clarifications provided by the review panel should make it easier to find a satisfactory solution. "We can’t throw out legislation that has been passed by Parliament, and the Broadcasting Act is an important instrument in Canada. I think that some proposed amendments go far and beyond," Fontana said. He added that Bill C-2 is going to require a lot of work, including a clarification of who - individuals or dealers - will be penalized under the Act. He added that the committee would have to be creative about finding ways to satisfy both consumers and industry players. Some members were particularly concerned with the proposed role of the RCMP on the enforcement side, and the possibility that it could affect the privacy rights of individual Canadians. RCMP superintendent Ken Hansen insisted that the agency is not going to target individuals, but the dealers of the illegal satellite TV equipment and signals. "The cases in which we’ve charged individuals are very few, and they’ve been either individuals using the system for commercial gain, such as using a legal system to track customers, or cases where we’ve been searching for drugs and come across the illegal system," he told the committee. But appearing May 6 before the committee, Assistant Privacy Commissioner of Canada Heather Black called for a clarification of the duties and authorities of inspectors. She said the clarification was necessary because neither Bill C-2 nor the Radiocommunication Act directly address the duties of inspectors, except in very general terms. Amendments to the Radiocommunication Act, which are spelled out in Bill C-2, allow inspectors to seize equipment and data relevant to the enforcement of the Act, and states an "inspector may not enter a dwelling house without the consent of its occupant, except with a warrant or where there are exigent circumstances which make it impractical for the inspector to acquire the warrant." Black said that her department doesn’t believe that the amendments "significantly increase the powers of inspectors appointed under the Act in a manner that adversely affects privacy rights." She says the Charter of Rights and Freedoms sets a reasonable standard, "when the search powers are proportional to the aims." She added that she hopes and expects that inspectors would not use their power to enter a dwelling for the purpose of identifying individuals who are receiving unauthorized satellite TV signals. The RCMP praised the amendments before the committee. Mike McDonell, chief superintendent of the RCMP, said the amendments are designed to update existing inspection powers in keeping with modern investigation techniques. "The information obtained from the relevant data is essential to provide the courts with an accurate picture of the circumstances surrounding the criminal activity of the businesses under inspection," he said. "Many dealers are using the Internet extensively in their day-to-day illicit activity. The amendments give the inspectors clear authority to seize and bring the information before the courts." McDonell pointed out that the RCMP has been an active contributor and consultant in drafting Bill C-2. The RCMP also supports the tougher fines on corporations that transmit illegal satellite TV signals as spelled out in the bill. "It’s the RCMP’s assessment that the fines should be in line with the severity of the offence and proportionate to the illegal profits derived from these activities. The courts must send a clear message that signal theft is a serious offence. This is why the RCMP would have liked to have seen the Act amended to make signal theft a dual procedure offence, so that under appropriate conditions, the perpetrators of these offences would receive a criminal record upon conviction," he noted. If a panel were established, it would be expected to provide a report with recommendations on how to improve Bill C-2 by fall 2004. "The committee should be back in the fall of 2004 to look at all of these issues related to openness and new options, new programming, and at the same time how to fix C-2 on the enforcement side," Fontana said.

Parliamentary committee wants panel to look at increasing foreign channels

Broadcast | May 21, 2004

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