Canadian broadcasters propose a dangerous regulatory measure

Canadian media are currently covering a story in which a coalition of broadcasters, movie studios and cinema operators led by Bell Canada is reportedly seeking the imposition of anti-piracy blacklists…without having to first obtain a court order.

Whilst the campaign is clearly aimed at curtailing copyright offences, there is always the potential for such measures to be extended to other industries, and the prospect of no prior judicial oversight is alarming.

In a draft proposal destined to be submitted to the Canadian Radio-television and Telecommunications Commission (CRTC) by Bell Canada and seen by media, the coalition seeks the introduction of an ‘Internet Piracy Review Agency’ (IPRA).

This body would have wide powers including the authority to order the blacklisting of domains without first seeking a court order and fair hearing for all parties. There is provision for judicial intervention, but only after the blacklisting has actually taken place.

Bell Canada and its coalition partners could be faced with an uphill climb on this issue; Our readers may recall that last year the CRTC was critical of attempts by the Quebec provincial government to coerce Internet Service Providers into blocking and blacklisting online gambling websites competing with its own Loto Quebec online gambling enterprise Espacejeux.

Although Quebec has tried to dress this clearly protectionist tactic as a public health issue it has been widely panned by legal and free commerce advocates, and currently faces legal challenges.

There is also the empirical evidence in nations all over the world that blacklisting and ISP blocking is not only questionable, but difficult to effectively administer and maintain.

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