ARCHIVED -  Public Notice CRTC 1995-159

Public Notice

Ottawa, 26 September 1995

Public Notice CRTC 1995-159

AMENDMENT TO THE TELEVISION BROADCASTING REGULATIONS, 1987

Exclusion of partisan political advertising from the maximum of twelve minutes of advertising per hour

In Public Notice CRTC 1995-73 dated 8 May 1995, the Commission proposed amendments to the Television Broadcasting Regulations, 1987 (the television regulations), and to the Specialty Services Regulations, 1990 (the specialty regulations). The effect of the proposed amendments would have been to exclude from the definition of "advertising material", commercial messages purchased by political parties, candidates and referendum committees during Canadian election periods.

The purpose of these amendments was to give regulatory effect to a policy approach, followed by the Commission since 1992, whereby it has routinely approved applications by licensees of television and specialty services programming undertakings for authority to treat partisan political advertising broadcast during election periods as programming material. This approach has permitted broadcasters to exclude such material from their calculations of the amount of advertising material they may broadcast, either by regulation in the case of television licensees, or by condition of licence in the case of specialty services licensees.

The Commission also invited comments regarding whether "advocacy advertising" aired during election periods should also be deemed to fall outside the definition of "advertising material". In its notice, the Commission identified advocacy advertising as essentially being partisan advertising purchased by third parties and intended to support or criticize the position or record of political parties, candidates, or the government itself.

In response to its notice, the Commission received comments from three private broadcasting licensees and one member of the public, all stating their support for the proposed amendments. The Commission also received comments from the Canadian Broadcasting Corporation (CBC) and the Canadian Association of Broadcasters (CAB); while both expressed support for the purpose underlying the Commission's proposed amendments, they raised certain concerns regarding the possible impact of the means contemplated by the Commission to achieve this purpose.

The CBC noted that amending the television and specialty regulations in a manner that would interpret a partisan political message as being program material instead of a commercial message might encourage the introduction of long-form paid political messages, particularly of extended advocacy advertising, and that this could have an undesirable effect on the calculation of Canadian content. The CBC suggested that, instead, broadcasters simply be permitted to exclude such political advertising from their calculations of the amount of advertising they broadcast.

For its part, the CAB noted that there are a number of licensees who are currently prohibited from broadcasting commercial messages. The CAB's concern is that the proposed amendments would have the unintended effect of permitting such licensees to broadcast political advertising, on the basis that such messages would no longer fall within the definition of "advertising material".

The Commission has considered the views of the CBC and the CAB, and notes that the suggestion advanced by the CBC would effectively resolve both of the concerns discussed above. Accordingly, the Commission has made the amendment to Section 11 of the television regulations attached to this notice. This amendment allows partisan political advertising broadcast during Canadian election periods to be excluded by the licensees of television programming undertakings from the maximum of 12 minutes of advertising per hour. The Commission will deem partisan political advertising to include advocacy advertising.

The Commission is satisfied that, while the amendment differs in form from that published in Public Notice CRTC 1995-73, it effectively serves the same purpose as that originally intended. The amendment was registered on 1 September 1995 (SOR/95-442) and came into force on that date. It was published in the Canada Gazette Part II on 20 September 1995.

The Commission notes that it is unable to follow a parallel course with respect to the specialty regulations, since these regulations do not specify a maximum hourly amount of advertising material that licensees of specialty services may broadcast. Instead, advertising limits for such licensees are regulated by condition of licence, on an individual basis. Accordingly, the Commission hereby invites the licensees of specialty services to apply for amendments to their conditions of licence that would permit them, during Canadian election periods, to exclude partisan political advertising from their calculations of the amount of advertising they broadcast.

Allan J. Darling
Secretary General

WHEREAS, pursuant to subsection 10(3) of the Broadcasting Act, a copy of the proposed amendment to the Television Broadcasting Regulations, 1987, substantially in the form set out in the schedule hereto, was published in the Canada Gazette Part I on May 8, 1995 and a reasonable opportunity was thereby given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect thereto;

THEREFORE, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act*, hereby amends the Television Broadcasting Regulations, 1987, made on January 9, 1987**, in accordance with the schedule hereto.

Hull, Quebec September 1, 1995

Allan J. Darling
Secretary General

SCHEDULE

1. (1) Subsection 11(1) of the Television Broadcasting Regulations, 1987 is replaced by the following:

11. (1) Except as otherwise provided in subsections (2) to (4), or by a condition of its licence, a licensee shall not broadcast more than 12 minutes of advertising material in any clock hour in a broadcast day.

(2) Section 111 of the Regulations is amended by adding the following after subsection (3):

(4) In addition to the maximum of 12 minutes of advertising material set out in subsection (1), a licensee may broadcast partisan political advertising during an election period.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

The purpose of the amendment is to allow partisan political advertising to be excluded from the maximum of 12 minutes of advertising per hour.