New book out: Canadian Communication Policy and Law

 My new book Canadian Communication Policy and Law has just been published!



The book is available in print and e-book formats and will be available for short-term rental on VitalSource starting in the fall.

“At last, a book on Canadian communication policy that thoroughly integrates critical theory including political economy, gender, and race-based approaches, as well as Indigenous and postcolonial analysis. Bannerman’s crystal-clear prose and exhaustive research provide readers with the definitive guide to who benefits from public policy in a digital age.”
    —Vincent Mosco, Queen’s University, Author of The Smart City in a Digital World

“With its robust attention to critical race theory and intersectionality, Bannerman’s book enriches scholarship in Canadian communication policy and law. The book tackles some of the most pressing communication and digital policy issues today, highlighting in particular the imbrication of power and politics and the importance of upholding the often-vexed nature of the public interest.”
—Leslie Regan Shade, Professor, Faculty of Information, University of Toronto

 "This exciting and innovative new text from Sara Bannerman brings a diverse range of critical perspectives to bear on enduring issues and pressing concerns in communications policy, law, and regulation in the 21st Century. The scope is as ambitious as it is impressive. At each step of the way, Bannerman deftly guides readers through the hotly contested issues that will continue to shape the terrain of intellectual property, freedom of expression, privacy and data protection, telecommunications, broadcasting, and internet regulation for years to come.”
—Dwayne Winseck, Professor, School of Journalism and Communication, Carleton University

“This work is immensely valuable in many respects—it offers an engaging introduction to a wide range of theoretical approaches that are made accessible through clear prose and compelling real-world examples. Unlike many introductory texts, which present perspectives on law and policy in a neutral fashion, this work offers a vigorous critique of Canada’s legal and regulatory communications framework—a regime that, while neutral in its face, serves to reinforce inequity and preserve the status quo.”
—Lisa Taylor, Associate Professor, School of Journalism, Ryerson University

“Sara Bannerman offers a unique primer on a range of Canadian policy and legal issues pertaining to media and communications; its expansive scope is unparalleled. What especially stands out about this book is its attention to the underlying power structures that shape policy and law, as well as its innovative approach to guiding readers through the process of legal research. This text is essential for anyone interested in how Canadian media and communications are shaped by law and policy.”
—Tamara Shepherd, Communication, Media and Film, University of Calgary

“Canada’s rapidly-changing communications system requires thoughtful analysis of both long-standing and emergent issues, from intellectual property law to telecommunications policy. Synthesizing decades of research and legal precedent, Dr. Bannerman unpacks core debates from various theoretical and normative standpoints, paying close attention to power relations and systemic bias, and offering readers a framework to engage in policy research. This is a valuable resource that connects communications policies with the lived experiences of the diverse individuals and groups who make up Canadian society.”
—Rob McMahon, Communications and Technology, University of Alberta

 

Summary

This essential resource examines the central issues in Canadian communication policy and law, including freedom of expression, censorship, broadcasting policy, telecommunications policy, internet regulation, defamation, privacy, government surveillance, intellectual property, and more. Taking a critical stance, Sara Bannerman draws attention to unequal power structures by asking the question, whom does Canadian communication policy and law serve?

The in-depth discussions consider fundamental theories for analyzing law and policy issues, such as pluralist, libertarian, critical political economy, feminist, queer, critical race, critical disability, postcolonial, and intersectional theories. Accessibly written and featuring further readings, a glossary, and a chapter on legal and policy research and citation, this book provides a superb introduction to the field for students in media studies and communications programs, while also synthesizing advanced critical analysis of key problems in Canadian communication policy and law.

 

Table of Contents

Introduction

Chapter 1: Whom Do Law and Policy Serve?
Chapter 2: Introduction to the Canadian Legal System
Chapter 3: Freedom of Expression and Censorship
Chapter 4: Defamation
Chapter 5: Privacy
Chapter 6: Government Surveillance
Chapter 7: Intellectual Property
Chapter 8: Telecommunications Regulation
Chapter 9: Broadcasting Regulation
Chapter 10: Internet Regulation
Chapter 11: Access to Information
Chapter 12: Legal and Policy Research and Citation

Conclusion
Glossary
List of Acronyms
Bibliography
Index

Sirus on Internet radio

According to Ira Wagman's reports on the CRTC hearings into Internet regulation, Sirius satellite radio has gone before the CRTC to argue that Internet radio is “a category killer...and the category it will kill is satellite radio.” (see transcript at 7717) Sirius suggests a couple of solutions:

1. requiring internet audio providers to geo-block programming that doesn't meet CanCon requirements.
   
2. regulating wireless providers and Internet broadcasters like other conventional broadcasters and require Internet broadcasters, like regular broadcasters, to pay a levy towards the production of Canadian content

Interestingly, the Slaight family owns both 40% of Sirius Canada and also Iceberg, the Canadian online Internet station.

Here is the excerpt from the CRTC transcripts:

7743 Presumably one way of operationalizing this approach would be to require ISPs, including wireless providers, to geo-block audio content that does not comply with CRTC-imposed Canadian content requirements. Only those programming undertakings that met such requirements would be permitted to broadcast their audio content to Canadians.

7744 That approach, if taken by the Commission, would of course thrill us completely. We would throw actually throw a party for you.

--- Laughter

7745 MS KERR: Nothing else would level the playing field for us from a regulatory perspective as would geo-blocking of non-compliant audio programming undertakings.

7746 However, we recognize that this approach flies in the face of the principles of openness and freedom of choice that governs the internet and actually hasn't been suggested by anybody else here. Perhaps pushing water uphill best describes our proposed option. I imagine of the Commission's top 100 practicable alternatives it might be considering, this one might fall somewhere around 98.

7747 But the reason I bring it up is to give the Commission some insight into the threat we perceive to our business from unregulated internet radio that is currently not expected to contribute to the broadcast system and just how unlevel that playing field is for us.

7748 So if it is not practicable and it does not respect the principles that govern the internet to geo-block content, what can be done so that we have a broadcasting system in which new media participants contribute too, so that traditional broadcasters are not under real threat simply as the result of a heavier regulatory burden?

7749 All broadcasters are required to make direct financial contributions to support Canadian content development. Therefore, to address this specific issue, Sirius proposes a levy be placed on the revenues of all wireless carriers for their data traffic related revenues related to broadcasting and on all ISP revenues related to broadcasting. This levy should be proportionate to what traditional broadcasters contribute.