Canada’s Broadcasting Act requires every broadcaster to be responsible for the programs it broadcasts, and to maintain "a high standard of programming" as conditions of licence (sections 3(g) and 3(h)).
The Act does not refer specifically to hate messages or hate propaganda — though it does delegate regulatory powers to the Canadian Radio-television and Telecommunications Commission (CRTC), which prohibits broadcasting licensees from distributing discriminatory material.
CRTC regulations dealing with hate messages on broadcasting media include:
- Pay Television Regulations, 1990, Section 3(b)
- Radio Regulations, 1986, Section 3(b)
- Specialty Services Regulations, 1990, Section 3(b)
- Television Broadcasting Regulations, 1987, Section 5(b)
All these sections prohibit any licensee from broadcasting or distributing programming that contains abusive comments about individuals or groups — comments that would expose an individual, group, or class of individuals, to hatred or contempt on discriminatory grounds.
If a broadcaster fails to follow the Broadcasting Act policies or regulations, the CRTC may invoke a number of penalties — such as imposing fines, or limiting or denying a station’s application for licence renewal.
The CRTC has been more reluctant to regulate hate messages on the Internet: because Internet services tend to consist of alphanumeric text, they don’t fall directly under the jurisdiction of the Broadcasting Act. Hate propaganda on the Internet is more likely to be prosecuted as an offence under the Human Rights Act and/or the Criminal Code.
Full Text: Broadcasting Act
