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Bill C-327 proposes to amend the Broadcasting Act regarding the reduction of violence on TV. The goal of the bill is to " 'contribute to solving the problem of violence in society by reducing violence in the programming offered to the public, including children,' " reports Broadcaster Magazine.
According to CRTC chairman Konrad von Finckenstein, by "solving," he assumes the Bill means that violence should not be glorified, and by "reducing," he assumes it means restricting the most graphic violence to time periods when children are not likely to be watching TV.
While the CRTC finds the goals of the Bill laudable under these assumptions, it does not mandate or dictate programming. The Commission rather ensures that programs meet the objectives of the Broadcasting Act, which means they should be of high standard, respectful of equality rights, and reflective of Canadian values. The Act also directs the CRTC to respect freedom of expression, as guaranteed by the Canadian Charter of Rights and Freedoms.
The CRTC believes that the system that is currently in place is a collaborative one that relies on self-regulation by the industry in accordance with the obligatory code on violence. This code was developed by the Canadian Association of Broadcasters and approved by the CRTC. The Commission also has the authority to serve as the final arbiter on these issues when needed.
While the CRTC does not have any issues with Sections 1 and 2 of the Bill, it does have reservations about Section 3, which would add two new sections (identified as 10.1 and 10.2) to the Broadcasting Act. These sections would require the Commission to make regulations on violent scenes on TV, including those in children's programming. In addition, it would require monitoring of compliance, and the punishment of non-compliance according to law. This goes against the CRTC's regulatory approach.
It has been a priority for the CRTC to use regulation only when it's needed. And when they do regulate, it's a smarter and lighter regulation. The Commission feels that the present system is effective enough to achieve the desired goals, and thus cannot support the provisions of C-327 that call for regulation.
The CRTC does share the goals of the Bill when it comes to effective enforcement of their policies governing content standards. It feels that their powers of enforcement would be stronger if they were given the power to impose Administrative Monetary Penalties (AMPs). The Commission wants to be able to fine a broadcaster for infractions proportionate to the offence. The fines would be large enough to serve as a deterrent. Currently, the only penalties the CRTC can impose are either very light or extremely heavy.
Source: Broadcaster, 03/05/2008
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