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by Richard Blackwell
The Globe and Mail
Nov 1, 2004
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In Ottawa will have to appeal a Quebec
court decision that opens the door to wholesale importation of satellite
television signals from the United States, analysts and industry players
say, or the country could face chaos in its broadcasting system.
Quebec Court Judge Danielle Côté ruled last week that federal
restrictions on direct-to-home satellite signals are invalid because
they violate freedom of speech provisions of the Charter of Rights and
Freedoms.
While the ruling will not come into effect for a year, it could allow
Canadians to legally subscribe directly to U.S. satellite television
services, something which is not now permitted.
“They can't leave [the decision],” said Brahm Eiley, president
of Convergence Consulting Group Ltd. in Toronto. “It just opens
up too many doors.”
Mr. Eiley said he understands the “spirit” in which the
Charter is being applied to the choice of satellite signals, but “it
contradicts basic business ethics.”
A spokesman for the Department of Justice said Monday that the government
is still reviewing the ruling by Judge Côté, and has not
yet decided whether to appeal.
University of Ottawa law professor Michael Geist said the government
has to appeal because the decision “calls into question much
of the whole broadcast framework in Canada.”
The ruling essentially challenges the government's ability to use broadcast
policy to set limitations that protect Canadian interests, Mr. Geist
said. It also points out that sometimes those interests can come into
direct conflict with Charter rights, he said. “This decision
has really brought that into focus.”
Last Friday, the Coalition Against Satellite Signal Theft, a consortium
of broadcasters, producers and distributors, called for the government
to appeal Judge Côté's decision. If the decision is left
to stand it would mean “the end of the existing Canadian broadcasting
system,” said CASST chairman Luc Perreault.
CASST also called for the reintroduction of a proposed government bill
that would make it more difficult for people to steal satellite signals.
The bill was introduced in the last session of Parliament but died when
the election was called.
A spokeswoman for Industry Canada, the department responsible for the
legislation, said she couldn't comment on whether the bill would be
reintroduced.
Kaan Yigit, president of Solutions Research Group, a Toronto technology
market research firm, said he expects the Quebec ruling to be appealed,
but not before Ottawa goes through the motions of studying the case
in detail.
The ruling is a delicate issue because it involves a Charter case and
freedom of speech, he said. An appeal will also pit the federal government
against the Quebec court — always a sensitive situation, he notes.
Despite the one-year moratorium imposed by Judge Côté,
her decision could create considerable confusion among consumers, Mr.
Yigit said.
“The average consumer on the street will perceive this as the
court striking down restrictions on what they can receive in their homes
— the nuance and the legal detail will not get through,”
he said.
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