Creative coalition left disappointed by Supreme Court decision on ISPs

February 10, 2012 by Etan Vlessing

Business as usual for internet service providers after the Supreme Court of Canada said they are just pipes, and not broadcasters, has left Canada’s creative community expressing disappointment with the legal ruling.

“The principles of the Broadcasting Act continue to be sound but, with this decision, their application remains inconsistent,” a coalition of Canadian actors, directors, producers and screenwriters said in the wake of the high court decision.

The Supreme Court of Canada dismissed an appeal by the coalition of an Federal Court of Appeal ruling that ISPs cannot be considered “broadcasting undertakings” under the terms of the Broadcasting Act.

Had the high court sided with the coalition, the CRTC could compel ISPs to subsidize the production of Canadian online content.

That won’t happen now that the Supreme Court upheld the lower court decision and ruled ISPs are not bound by CRTC regulations because they transmit content, and don’t modify or control it.

“An ISP does not engage with these policy objectives when it is merely providing the mode of transmission,” the high court said in its ruling Thursday.

At the same time, the coalition resolved to “press for solutions to ensure that all those involved in broadcasting, including ISPs, have a regulatory responsibility to contribute to the Canadian broadcasting system.”

Photo: MarcVanDerChijs / Flickr Creative Commons

Tags: Broadcasting Act, creative coalition, CRTC, ISPs, Supreme Court

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