Adbusters Blog

Bring the Media Back to the People

Bring the Media Back to the People

In a recent landmark case, the Supreme Court of Canada tackled the thorny issue of whether “government entities, in managing their property, [could] disregard the right of individuals to political expression in public places.” The court responded with a resounding “no.” In one fell swoop, Canada’s top court effectively knocked the wind out of Canada’s media empires, resolving that Canadians now have an expanded right to express themselves in public places. This important decision ultimately means greater participation for the average Canadian in hotly debated and controversial issues, which have been previously excluded from the realm of mainstream media discourse.

The court unanimously denounced the advertising policies of both Vancouver’s BC Transit and TransLink public transportation corporations as unconstitutional for denying two public interest groups the right to purchase advertising space on the sides of their buses. After a careful and comprehensive review of the case law concerning the freedom of expression provision of the Canadian Charter of Rights and Freedoms, the Supreme Court decided that both BC Transit and TransLink were “government” for the purposes of the application of the Charter (meaning that the public transportation entities were subject to the constitutional requirements of the Charter), and concluded that “the side of a bus is a location where expressive activity is protected by s. 2(b) of the Charter.”

The court further stated that “rather than undermining the purposes of s. 2(b), expression on the sides of buses could enhance them by furthering democratic discourse, and perhaps even truth finding and self-fulfillment” – note that democracy, truth, and autonomy are the core principles underlying the right to free speech under s. 2(b) of the Charter. Therefore, by finding that the advertising space on the side of buses is “a public place where expressive activity is already occurring [and] is a location where constitutional protection for free expression would be expected,” the court has awarded a major victory to free speech advocates here in Canada.

As a corollary, this case has served as a successful testing ground for the media-access litigation that Adbusters Media Foundation has trumpeted for the better part of 15 years. Throughout its media democracy litigation, Adbusters has sought to test the constitutional waters surrounding the question of the extent to which Charter s. 2(b), the freedom of expression provision, applies in the context of access to broadcast media. In a series of litigation cases surrounding this very question, Adbusters has argued that the Charter should be interpreted to include the right for individuals to access broadcast media in Canada – broadcast media which operates on radio frequencies that are expressly acknowledged to be public property, pursuant to the federal Broadcasting Act.

And so, if the Supreme Court of Canada has accepted that the constitutional protection of freedom of expression on the sides of buses – which are publicly owned – is warranted, then why not also on the publicly-owned broadcasting airwaves to which private media corporations owe their livelihood? In the case noted above, the court held that “[t]he very fact that the general public has access to the advertising space on buses is an indication that members of the public would expect constitutional protection of their expression in that government-owned space. Moreover, an important aspect of a bus is that it is by nature a public, not a private, space.” In that context, then, would it not be analogous for the court to accept that television advertising using radio frequencies – which also constitutes advertising space to which the general public has access and which is by its nature a public and not a private space – would also merit the constitutional protection of freedom of expression? On this point, Adbusters’ “public space” arguments must succeed.

One hundred and fifty years ago, the great civil libertarian John Stuart Mill published On Liberty, perhaps his most well-known work. In that text, Mill expressed a profound truth about the diminishing value of human life in those societies where the diversity of opinion is silenced: “There have been, and may again be, great individual thinkers in a general atmosphere of mental slavery. But there never has been, nor ever will be, in that atmosphere an intellectually active people.” Mill was acutely correct in suggesting that societies, which encumber their people with the chains of mental slavery will not flourish intellectually. Bearing in mind that Mill wrote his treatise in 1859, there seems to be no better time than now (a full century-and-a-half later) to break free from this general atmosphere of imperial media rule, consumption memes and corporate advertising’s imprisonment of our mental environments. Support Adbusters’ efforts to bring the media back to the people.

Craig Brannagan is a third year law student at the University of Windsor’s Faculty of Law, and is CJAM 91.5 Windsor/Detroit Campus Community Radio’s Legal Advisor. He is also an advocate of community access to media broadcasting.

The Supreme Court decision discussed above is “Greater Vancouver Transportation Authority v. Canadian Federation of Students – British Columbia Component.”

Join The Fight For Media Democracy

Join The Fight For Media Democracy

Adbusters is locked in a struggle that began 20 years ago with a citizen-produced television spot warning of the hazards of clear-cutting in the forests of the Pacific Northwest. Although the networks were happy to sell airtime to the logging industry, they flatly rejected our ad. That’s when we began to perceive the scope of the disparity between public and corporate interest and the woeful lack of democracy on the public airwaves … and from the flames of our outrage, Adbusters Media Foundation was born. We’ve since gone on to produce messages about food, fashion, automobiles, overconsumption, Buy Nothing Day, neoclassical economics and other critical areas of our culture – but every single one of our messages has been rejected by broadcasters in Canada, the US, Australia and Europe. Networks, including CBS, NBC, ABC, FOX, MTV and the food Network, have all refused to extend us the same right that corporate advertisers enjoy: the ability to call up a local TV station and purchase a 30-second time slot. So we decided to fight back and take the battle for media democracy to the courts.

It has been a long road. Over the course of 15 long years, we have suffered a string of debilitating defeats and have incurred legal costs that almost bankrupted us. But finally, last April, we won a stunning victory: the bc Court of Appeal overturned previous rulings and declared that television airtime may indeed constitute “a public space,” one which all citizens have the right to access. This hard-won victory has inspired media activists around the world and paved our way forward.

But Leonard Asper – Canada’s most powerful media mogul – and his CanWest corporation have decided to play dirty. They’re appealing our victory – but not with the expectation of overturning it. Asper’s strategy is to deplete our coffers, hoping that we’ll run out of money before we can finish the fight. He’s not trying to beat us; he’s trying to outlast us.

We’re happy to take Asper on. But as we prepare for the next leg of our legal battle, we need an injection of funds. We are asking for donations from you and other people in our network who believe that open airwaves is one of the keys to a flourishing democracy, one of the few promising ways left for us to navigate our way through the dangerous times that lie ahead.

Article 19 of the Universal Declaration of Human Rights says every human being has the right to seek, to receive and impart information without hindrance. Please help us win the battle for our inalienable right to communicate.

There are many ways you can help. You can make a donation online, call us at 604-736-9401 or 1-800-663-1243 (toll-free in North America) or send a check along with the form provided.

We are also trying to get in touch with media lawyers in the US, Australia and the UK who are interested in launching Right To Communicate legal actions in their own countries. If you have ideas, want more information or wish to help in plotting strategy, email me at kalle@adbusters.org.

This is a freedom of speech battle of tremendous importance … please help us fight it.

For the Wild, Kalle

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What They Said:


We don’t sell airtime for issue ads because that would allow the people with the financial resources to control public policy. – CBS Boston, public affairs manager, Donald Lowery

[Airing your spots would] create some real angst with our key advertisers and clients and agencies. – Channel 7 Australia, sales manager, Eddie Reginato

[Your TV spots] are counterproductive to what we do. We sell advertising. – CHUM Television Canada, national sales representative, Susan Orr.

I’m sure we’re not the only venue who has blocked you. I know. I’ve been kicking around this business for a long time. – Fox Broadcasting Company, executive director of broadcast standards, Darlene Lieblich

You know what I feel like saying? Suck it up, it’s the real world. – ABC, vice president of advertising, Julie Hoover

Citizen or Consumer?

Citizen or Consumer?

A corporation is not a person. It is an abstraction: an organizational structure that feels no remorse and has no morality, no life, no soul. Yet the modern corporation – still just an arbitrary legal entity – enjoys the same rights as you or I. It has the right to free speech, to own property, to lobby government officials and protect against self-incrimination.

Today corporations run rampant, controlling our political, economic, environmental and cultural agendas. These globalized conglomerates are able to commit grievous environmental and societal crimes with little fear of recourse, tipping the scales of power to leave civil society in the dust.

But it wasn't always this way. Early Americans treated corporations with distrust. Corporations were kept on short leashes – their powers limited to specific and necessary functions. Citizens still retained and exercised the right to revoke corporate charters. The people – not the corporations – were in control. Many of these checks and balances have since been destroyed by decades of deregulation and laissez-faire capitalist ideology. Profit margins have ballooned to unimaginable dimensions, and in turn our democratic freedoms have been replaced with market selection.

Our oppression under corporate rule has lasted long enough.

We need a contemporary insurrection to reclaim our democracy, our freedom and our country. Flying the corporate American flag as a symbol of our rebellion, let’s make this July 4 the beginning of the second American Revolution, where civil society reasserts its power over corporations.

The Death of Print

The Death of Print

“Every time a newspaper dies, even a bad one, the country moves a little closer to authoritarianism; when a great one goes, like the New York Herald Tribune, history itself is denied a devoted witness.” —Richard Kluger, Pulitzer Prize-winning author.

The print industry I grew up admiring is dying. But even as its own narcissistic headlines bemoan the death of print, the industry is still trying to hang in there … even if it means slashing its integrity by going to bed with the advertisers instead of the readers.

As a neophyte journalist, the print industry I am clumsily ambling into is clinging to the almost-extinct talons of corporate advertisers. The New Yorker tells us that a quarter of all newspaper jobs have disappeared since 1990. Print editions are hemorrhaging readers. The money has dried up as the Infobahn soaks up the attention of the readers and, more importantly to the future of the publication, advertisers.

Newspapers originally fought hard to hold public figures accountable – they broke Watergates-esque investigative pieces and generally sought to serve the public as the respected fourth estate – and the industry grew with its successes. Newspapers were a trusted source and circulations climbed to record numbers.

As readership grew, advertisers, of course, ate it up. This is where the leak started. In order to sell newspapers, the industry shifted its accountability to the advertiser. They were the ones now paying the salaries. The print world carved out its own niche to better serve its advertisers, not its readers. Newspapers shifted to a 60/40 ad-to-content ratio, which has now fallen to 70/30 or worse in some cases. The print model became fundamentally flawed. It was just a waiting game until the bottom fell out.

It was poor judgment to build a public enterprise on an advertiser-dependent structure. Of course there was going to be a time when the advertisers jumped ship. In this year’s first quarter, US newspaper print advertising sales plummeted by nearly 30 percent, according to the Newspaper Association of America. And thanks to Craigslist and Kijiji, the classified ads – once newspapers’ bread and butter – plunged by 42 percent. It’s the biggest fall since 1971 (the earliest date figures were collected). And it’s no surprise that the advertisers dumped their coin into the Internet. Some $1 billion in American advertising shifted from print and TV to the web in 2008.

Relying on an advertiser-supported business model is archaic, not to mention dangerous. If it is to survive, the print industry needs to revisit the era when they answered to the reader. When they fought to bring down crooked politicians instead of fighting to clutch onto advertisers. As we can all see now, the advertisers were never loyal companions anyway.

Ryan Bolton’s writing has appeared in publications like the National Post, Ottawa Citizen, Montreal Gazette, The Dominion and Journalists for Human Rights. He is currently an editor and writer with Free the Children in Toronto.

Hey Campus Radicals!

Hey Campus Radicals!

Adbusters’ Sept/Oct issue, due out at the end of July, is devoted to exploring alternatives to the neoclassical economic paradigm. Maverick economists such as Herman Daly, Robert Nadeau, Lourdes Beneria and Joseph Stiglitz weigh in on topics like true cost economics, no-growth alternatives and ecological economics.

If you are an economics student, student union rep or progressive professor, please email us your snail mail address plus what school you are associated with and we’ll send you a complimentary copy. If you like what you see, we can send you more copies to distribute to your fellow students. If you are interested, email kevin@adbusters.org by June 23.

Notice: Due to the overwhelming response of people interested in the upcoming issue we’ve extended this offer until Sunday July 26. Please feel free to repost this offer on your own website or blog and you can email me for more information.

The Battle For Media Democracy

The Battle For Media Democracy

Adbusters’ battle against CBC and Canwest reached a pinnacle this winter when we won our appeal. Now the hard part: keeping CBC and Canwest on the run. We have everything set up to keep our legal battle going, except for the funds. Thankfully, we started our fundraising campaign last week and there was an overwhelming response. We have made $3,830.00 in just one short week – a great start towards our goal of $50,000.00!

From now on we are going to keep you updated via the Adbusters blog. We’ll fill you in on all of the ongoing legal action and our progress toward our goal. For those of you who haven’t donated yet, join us in our fight for the airwaves!

Action on the Legal Front:

Not surprisingly CBC and Canwest are not playing fair. Currently CBC is trying to have our case moved to the Federal Court, which is known for being unsupportive to freedom causes (tricky CBC). We will need to raise another $10,000 for a one-day hearing in court to counter this.

CanWest is appealing our recent victory to the Supreme Court of Canada. Their appeal will – more than likely – get rejected, but it looks like this is an attempt to deplete our resources before we can get them in court for our final clash.

We will keep you posted on news and funds as they come in. Thank you for all of those who donated and continue to support this cause and Adbusters. We also thank you for your kind words:

Keep fighting for the right to run citizen-produced ads. – E. Michaud

I hope this helps with the legal battle to secure the right to communicate through public media. I believe this is the most important and urgent issue we face. – M. Didyk

You are one of the few organizations who name the enemy: corporate profit-driven consumption. Keep on using education, publicity and nonviolence to challenge the unreasonable power of corporations. – Gary Lyndaker

Well done! Keep up the good work. It's great to see that someone else is helping to staunch the avalanche of crap we are subjected to. – T. Keith

We are in this together. I wish I could do more. – A. Scimone

Thank you for your tireless and essential work! You are a beacon of light in these delusional times. Much love and laughter to you, my friends! – R. M. Albert

I absolutely believe that "information rights are the key to a flourishing democracy and that those rights are now more imperative than ever in giving citizens a voice in navigating our path through the dangerous times ahead." Thank you for your great work!! – A. Miller

Congrats from all of us here at Sticker Guy! Keep up the good work. – P. Menchetti

Go get them. – M. Apse

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