The Federal Court of Appeals has dismissed Bell Media’s appeal against a Canadian Radio-television and Telecommunications Commission (CRTC) edict barring the telecom from substituting its own commercials for U.S. programming during the Super Bowl. Bell Media, which is the parent company of BNN, had fought against the ruling, arguing it would cost the broadcaster $11 million a year in lost revenue after it was granted a leave to appeal in November of 2016.
In delivering the ruling on so-called simultaneous substitution, Justice David Near ruled the CRTC has a degree of expertise in the telecommunications space which ought to be respected by the courts, and as such its interpretations of telecommunications policy should not be handled lightly.
“There are numerous disparate objectives set out in the Broadcasting Act and Parliament intended that the CRTC decide how best to balance competing policy objectives related to broadcasting in Canada,” he wrote.
Justice Near did acknowledge Bell Media’s argument that the CRTC Super Bowl ruling could arguably conflict with the overall regulatory framework that is designed to promote Canadian programming.
“There is a certain irony that legislation that has the protection of the Canadian broadcasting industry and its employees as one of its important objectives is being used to allow for the broadcasting of American ads during the Super Bowl to the apparent detriment of the Canadian industry and its employees,” he wrote.
The door isn’t entirely closed on the simultaneous substitution issue, as Bell Media filed an appeal to the telecom regulator itself back in the summer. In responding to the setback before the court of appeals, a Bell Media spokesperson told BNN they still hoped the CRTC would reconsider.
"The court deferred to the CRTC so we hope the regulator will take a close look at the clear impact of its decision on Canadian broadcasting and all those who work in the industry,” Bell Media said. “A broad range of Canadian creators, producers, unions and advertisers are asking the CRTC to prevent further damage by rescinding its decision."
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