4. Does the Internet broadcast?

• Author: Mitchell, Teresa
• Position: Bench Press

The Supreme Court of Canada recently considered the question: "Do retail Internet service providers ("ISPs") carry on, in whole or in part, 'broadcasting undertakings' subject to the Broadcasting Act when, in their role as ISPs, they provide access through the Internet to 'broadcasting' requested by end-users?" The battle was between communications companies such as Bell, Shaw and Telus on the one hand, and organizations representing Canadian artists, writers, directors and actors on the other. If the ISPs were found to be broadcasters, then they could be liable for paying fees and levies to artists for their material and subject to Canadian content rules. However, in a unanimous judgment, the Court sided with the communications companies and ruled that they merely provide a mode of transmission. The Court noted...