Long-time readers of Adbusters may have noticed that we've been a little quiet about our ongoing legal battle to break the corporate monopoly on Canada's broadcast media. It hasn't been for lack of activity – in fact, some recent and welcome developments suggest that the case is about to pop back up onto the radar.
For those of you not quite up to speed, here's the gist: After over a decade of having our consumer-awareness TV spots rejected by just about every major commercial broadcaster in North America (often with little or no explanation from the network reps who issued the refusals), we resolved to take our fight to the courts. In 2004, we filed a lawsuit against the government of Canada and some of the country's biggest media barons, arguing that the public has a constitutionally protected right to expression over the public airwaves.
Following a series of false starts and the inevitable legal complications, the suit was whittled down to two main defendants: the government and CanWest Global Communications, Canada's largest international media corporation. The case is currently awaiting the resolution of two preliminary motions: one by Adbusters to add the CBC, Canada's publicly funded national broadcaster, as an additional defendant; the other by CanWest to strike the case before it even proceeds to trial.
Currently heading up Adbusters' case is attorney Ryan Dalziel, a specialist in commercial litigation with the Vancouver-based firm Bull, Housser & Tupper LLP. As Dalziel explains, "The main issue in those motions is whether it is so plain and obvious that CanWest and the CBC are not covered by [the Canadian Charter of Rights and Freedoms] that the claims against them should be dismissed without a trial."
"This case is of public importance to Canadians," he adds, "and so we say it should be permitted to proceed to trial."
Canada's media regulator, the Canadian Radio-television and Tele
15, 2008
11:36 pm
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We as citizens have spent the last 70 years in media bondage. Our children have become the embodiment of the hypnoadvertising, socially engineered slaves of consumerism.
We must be able to counter this atrocity. Thank you AdBusters for lighting the torch!
— NBergkvist09, 2008
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Good Luck, you're going to need it.
— Mike Smith14, 2008
09:15 pm
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I've been involved in the media business for decades and believe that this is very important work on behalf of freedom of speech and public vs. private interests. Thanks for taking it on.
— Stephan15, 2008
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you are an inspiration to us all... thank you.
— Kate Sapinsky15, 2008
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I'm from Hungary and do not understand the situation completely: what do you mean to be the cause of the rejection? Why are these spots not acceptable for the media companies? Do you want it to air free? Or why?
— Imre13, 2008
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Great work! I'm tired of seeing all the same news repackaged and sold by all the stations whilst many worthwhile stories being ignored in favour of coverage of what Britney and Paris did today.
— Ingrid12, 2008
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Every person who comes into my house picks up your magazine and can't put it down until they have been distracted, kicked out, or finished with it. This is an important issue which calls out for anticensorship of public interests and local opinion. Is there any way we can affect this case positively with input defending your charges?
— Brian18, 2008
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Perhaps people should stop thanking you Adbusters and letting you continue the case on your own, but yet thank you for starting a case to which they can try and join. Surely a bigger impact can be made with more people behind the cause.
— Tobias Blackwood11, 2008
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your efforts are laudable and appreciated. keep up the good fight
— Karen14, 2008
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Good luck, and I hope the CRTC gets a legal smack as well.
— Terence16, 2008
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Perhaps a citizens reform movement should swoop down upon the court and really force media to pay attention. Why shouldn't citizens have a right to hear/see and believe or not believe all of what free expression in televised media/print or other has to offer! Without the censorship of a monopolized oligarchy dictating the course with reckless/feckless abandon.
— Hilary Scott15, 2008
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Thanks for fighting this battle which is of importance to all Canadians, even those who do not realize it is occurring!
— Leah Dettman15, 2008
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It's encouraging to hear how Adbusters has been making progress on this issue. Let us not forget that the reason this case has not gained the attention it warrants is because it is the media that determines for itself what is important to the public, whether Britney Spears vagina or the newest starving orphan Brad and Angelina adopted. We cannot fail to see the relevance of this case and how private interest have predetermined the very content of our public discourse. We cannot expect this campaign to occur in the way we've grown accustom to in the past. This is an issue that won't be battled from the comfort of our living room sofas, for information is the business of corporate media compromising that equity is a threat, public autonomy is a threat, and this case is a sign of the windfall to come.
The revolution will not be televised. Scott Heron
— Jordaan Allison09, 2008
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I attempted to rally the private sector in Ecuador around the idea of THE FIRST PBS STATION in Ecuador and found so much resistance that we are in danger of losing ALL airwaves to the Ecuadorean Govt all together. I determined long ago thanks in great part to your organization that a percentage of ALL media should be in the hands of the citizenship. More on that 2 follow... if you wish.
— ERIK GRUNBERG09, 2008
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this is history happening. thank you thank you thank you. i feel alive.
— dave zak21, 2008
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when i was 6 or seven years old living in smithers b.c. my mother, a wonderfull human, was teaching me about one of the worst, most evil, disgusting sick, humans in history wiped out 6 million jewish humans and i said mommy where was god? she said michael i do not know. it was then i became a free thinker, and i went on to become a quiet rebel right up to today at 65 years old. the jewish people are gods chossen people and i love and will die for them at a moments notice.
— mikescott23, 2008
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So now the Arabs have the most balanced news coverage Gary? I've seen some of the shit in Lebanon and just because it is virulantly antiwestern doesn't make it true.
— Byron McElroy21, 2008
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We should demand that the CBC carry live news from the Middle East, word for word, just as the Arabs report it. This will eventually become known as Canada's globalized politically correct rainbow of facts. Why does the CBC have the right to exclude how the Middle East sees the incestuous relationship between the US and Israel?
— Gary D'Orazio06, 2008
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Why are us anarchists seeking government regulations so we can communicate over their infrastructure? We sound both shrill and heavyhanded like Hugo Chavez here. Could we redirect these court costs into starting our own infrastructure? I have the same problem with the net neutrality debate. I know startup costs are astronomical, but don't we really just have to build our own infrastructure rather than hope for big government to intervene for us in theirs? Maybe I'm wrong, I don't know.
— KL01, 2008
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I hope you win this battle. After Murdoch bought the Wall Street Journal, I knew quality journalism was doomed. I muddle along. I read Adbuster, Mother Jones, and various and sundry other news outlets, but it's hard to be informed on everything. I threw the TV out of my house two years ago; don't miss it a bit.
— Whiskerchild29, 2008
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what we need is an event. on a date that is in accordance to the results of deliberation. people could rally together using the internet as our tool of communication and plan to show our support. if you have been thinking of getting some backing from the people who you are trying to help please contact me: murdock.candice[at]gmail.com
— candice the lost05, 2008
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crushing freedom of speech and media is crushing freedom of mind and opinion. how can we live and be objective if we only know 5% of what we pass judgment on. Freedom of Media is much more important then people think.
— M