MP Ryan Williams incorrectly claims CRTC opened the door for broadcasters to spread false news

Claim: CRTC opened the door to false news

In a reply to a comment on his Facebook post, Bay of Quinte MP Ryan Williams claimed that the CRTC “removed the requirement for broadcasters to not knowingly spread false news”:

Second, on the truth in news and the CBC:

You’re absolutely right to raise concerns. The CRTC removed the requirement for broadcasters to not knowingly spread false news, which opened the door for more propaganda and less accountability—especially from publicly funded media like the CBC. It’s not normal in a free democracy to have a state broadcaster pushing political narratives without consequence.

source

Fact check: false

The CRTC has maintained its prohibition against broadcasting false or misleading news.

Section 5(1)(d) of the Television Broadcasting Regulations, 1987 prohibits licensees from broadcasting false or misleading news:

• 5(1) A licensee shall not broadcast
  • (a) anything in contravention of the law;
  • (b) any abusive comment or abusive pictorial representation that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability;
  • (c) any obscene or profane language or pictorial representation; or
  • (d) any false or misleading news.

Section 5(1)(d) of the Television Broadcasting Regulations, 1987

Proposed change was never implemented

In 2011, the CRTC proposed in Broadcasting Notices of Consultation 2010-931 and 2011-14 to change the Broadcasting Act and limit the prohibition to:

news that the licensee knows is false or misleading and that endangers or is likely to endanger the lives, health or safety of the public.

The CRTC received 3,300 + 350 comments in response to the consultations, the vast majority of which addressed the proposed amendment to the false or misleading news provisions. Most criticized the proposal, noting that the change would permit a wide range of false or misleading news to be broadcast. The Commission received eight comments that were supportive of the change, arguing that it was more in keeping with freedom of expression.

On March 10, 2011, the CRTC received a letter from Parliament’s Standing Joint Committee for the Scrutiny of Regulations (SJC) in which it informed the Commission that it no longer saw the Zundel judgment as an impediment to the continued application of the current regulations.

On May 11, 2011, the CRTC announced in Policy 2011-308 that it would not make the proposed change to the false or misleading news rules:

The Commission announces that it will not amend the false or misleading news provisions set out in various Commission regulations.

The Commission reminds the public that complaints that arise regarding the news content aired by broadcasters should be addressed to the Canadian Broadcast Standards Council (CBSC). The Commission will typically intervene in the complaint process only if the broadcaster in question is not a member in good standing of the CBSC or if the complaint has not been satisfactorily resolved by the CBSC.

The Commission further reminds the public that for the Commission to take action on a complaint relating to the broadcast of false or misleading news, the breach of the false or misleading news provisions must be flagrant.

Breaches must be “flagrant” for the CRTC to take action

The CRTC’s position as stated in Policy 2011-308 is that breaches of these provisions must be “flagrant” for the CRTC to take action on a complaint in order to protect the freedom of expression provision under section 2(b) of the Canadian Charter of Rights and Freedoms (the Charter). 

Claim: CBC is pushing political narratives without consequence

especially from publicly funded media like the CBC. It’s not normal in a free democracy to have a state broadcaster pushing political narratives without consequence.

Fact check: unsubstantiated

These statements are subjective opinions that lack substantiation.

It is unclear how being publicly funded would make it more likely that a breach of the false or misleading news regulations would take place. The CBC is subject to the same CRTC regulatory oversight as all other broadcasters.

CBC’s programming mandate under the Broadcasting Act is to:

• Be predominantly and distinctively Canadian;
• Reflect Canada and its regions to national and regional audiences, while serving the special needs of those regions;
• Actively contribute to the flow and exchange of cultural expression;
• Be in English and in French, reflecting the different needs and circumstances of each official language community, including the particular needs and circumstances of English and French linguistic minorities;
• Strive to be of equivalent quality in English and in French;
• Contribute to a shared national consciousness and identity;
• Be made available throughout Canada by the most appropriate and efficient means and as resources become available for the purpose; and
• Reflect the multicultural and multiracial nature of Canada

Section 3(1)(m)(i-viii) of the Broadcasting Act

Complaint processes exist to report bias and inaccuracies

Breaches of the Broadcasting Act including false or misleading news can and should be reported to the CRTC.

Complaints about CBC news or journalistic practices

Breaches of the Journalistic Standards and Practices can and should be reported to the Office of the CBC Ombudsman.

Complaints about private broadcaster

Breaches of the Code of Ethics by programming on private TV and radio broadcasters such as CTV and Global can and should be reported to the Canadian Broadcast Standards Council (CBSC), a national, voluntary self-regulatory organization.