ARCHIVED -  Public Notice CRTC 1999-184

Public Notice

Ottawa, 8 November 1999

Public Notice CRTC 1999-184

Guidelines for open-line programming on CFST Winnipeg (formerly CIFX)

Summary

The Commission is approving guidelines for open line programming and other initiatives proposed by the licensee to ensure that all programming broadcast on CFST meets the requirements of the Radio Regulations, 1986 that prohibit the broadcast of abusive comment and the Broadcasting Act's requirement that programming be of high standard.

The licensee is also required to file a report to the Commission within thirty days of this notice on matters relating to reporting complaints and implementing briefing sessions for on-air personnel on CFST's obligations with respect to open-line programming.

Concerns about open-line programming on CFST arose as a result of complaints that the Commission received between 28 October and 28 November 1998 and in April 1999.

Background

Election coverage complaints

1. The Commission received a number of complaints, dated between 28 October and 28 November 1998, about coverage by CFST Winnipeg of the 1998 Winnipeg civic election. At the time of the complaint, CFST was known as CIFX. In this notice, the station will be referred to as CFST. CFST is owned by CHUM Limited (CHUM).

2. Open-line hosts Gerald Fast and John Collison discussed the personalities involved in the election over the course of the campaign. Eight complainants considered that the hosts made offensive comments about homosexuals in general, as well as about a number of election candidates based on their identified or perceived sexual orientation. One complainant specifically alleged that the station had violated section 3(b) of the Radio Regulations, 1986 (the regulations) which states that a licensee shall not broadcast:

 ...any abusive comment that, when taken in context, tends or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability.

3. In a letter to CFST and CHUM dated 30 April 1999, the Commission expressed its preliminary determination that CFST's election coverage programming constituted a breach of the provision of the regulation dealing with abusive comment. It further determined that the licensee failed to act in a manner consistent with section 3(1)(g) of the Broadcasting Act (the Act) which requires that the programming of broadcasting undertakings be of high standard.

4. The letter invited the licensee to submit guidelines and any mechanisms that it would implement to ensure that CFST's future programming reflected its responsibility to provide programming that is free from abusive comment, is of high standard, and provides a reasonable opportunity for the public to be exposed to differing views on matters of public concern.

5. In Notice of Public Hearing CRTC 1999-5-1 dated 30 April 1999, the Commission called the licensee to the 28 June 1999 public hearing. The licensee was asked to show cause why a mandatory order should not be issued pursuant to section 12 of the Act to require the station to comply with section 3(b) of the regulations. The Commission also indicated that it would consider the possibility of requiring CFST to develop appropriate guidelines and other control mechanisms to address the requirements regarding programming of high standard and the avoidance of abusive comment. The Commission later decided that this matter could be dealt with on the basis of the written record and did not, therefore, require the licensee to appear at the public hearing to make oral submissions.

Subsequent complaint

6. The Commission received a further complaint against CFST in April 1999. The complaint related to on-air discussion in March and April of an effort by certain Winnipeg school trustees to introduce a curriculum to educate Winnipeg school children against intolerance and hatred of homosexuals. Those making the complaint alleged that there were grounds to inquire whether the station had violated the abusive comment provision of the regulations. In its preliminary determination of 30 April 1999, the Commission stated that the correspondence related to this complaint would form part of the public examination file.

CFST/CHUM response and guidelines

Letter of response

7. CFST and CHUM submitted guidelines and proposed mechanisms, together with their response to the Commission's preliminary determination, on 17 May 1999. In the letter, CFST and CHUM submitted that it was not necessary for the Commission to issue a mandatory order. They indicated that they were implementing immediately a series of measures, including the establishment of Open Line Programming Guidelines (the guidelines) to ensure that CFST would not be in breach of section 3(b) of the regulations. Further, CHUM indicated that the guidelines would apply not only to CFST, but to all CHUM stations that offer open-line programs.

8. CFST and CHUM noted that John Collison, one of the two on-air hosts of the programs that gave rise to the complaints, had been dismissed. They explained that Mr. Collison had been reminded on more than one occasion in the previous eight months of CHUM's expectations and the station's responsibilities as a licensee under the Act, the regulations and industry codes. CFST and CHUM stated that he had disregarded these reminders.

9. CFST and CHUM further noted that the station operates its open-line programs subject to a 12 second time delay. This delay makes it possible for the station to delete material before it goes on the air, and is used to control situations involving clearly inappropriate comments. They also noted that station personnel screen callers in an attempt to ensure that they are not predisposed to make comments of an abusive nature. In addition, they stated that CFST was putting briefing sessions in place that would deal with the station's legal and regulatory obligations for on-air personnel.

The guidelines

10. The introduction to the guidelines explains the responsibilities of CHUM and its radio stations as licensees under the Act and as members of the Canadian Association of Broadcasters, the Canadian Broadcast Standards Council and the Radio and Television News Directors Association. It also specifies that it is the responsibility of the General Manager of each CHUM station to ensure that station employees involved in the production and/or broadcasting of programs are fully conversant with those legal obligations. Finally, the introduction states that a copy of the guidelines must be provided to employees and that the guidelines should be posted in a prominent place in each CHUM radio studio.

11. The guidelines themselves deal with the following issues:

· the responsibility of the station for the content of all programming that it broadcasts

· the requirement that programming on matters of public concern be balanced

· the requirement that programming must be of high standard

· the prohibition of abusive comment

· call screening

· time delay

· telephone interviews

· compliance.

The Commission's determinations

12. The Commission extends the preliminary determination expressed in its letter dated 30 April 1999, to the programming broadcast in March 1999 and April 1999 dealing with the effort by certain Winnipeg school trustees to introduce a curriculum to educate Winnipeg school children against intolerance and hatred of homosexuals. This programming was the subject of a complaint received by the Commission in April 1999.

13. The Commission notes the licensee's response to these complaints and approves the Open Line Programming Guidelines that it has submitted. Although the Commission is aware that the station recently changed programming formats and now is oriented to music, there is no regulatory requirement that would prevent it from changing back to a talk-oriented format at some time in the future. The Commission therefore expects CFST to adhere to these guidelines for the remainder of the licence term and may consider imposing these guidelines as a condition of licence at the time of CFST's next licence renewal.

14. The Commission further requires CHUM and CFST to file a report with the Commission within 30 days of the release of this notice to advise how frequently the General Manager of CFST will provide CHUM's president with a report on complaints that CFST has received about its programming. The provision of such reports is provided for in the guidelines. The Commission considers that these internal reports should be provided frequently enough that the president of CHUM has a reasonable and timely awareness of the complaints that CFST has received concerning its programming.

15. The Commission also expects the licensee to include, as part of the report described above, an update concerning the steps it has taken to implement briefing sessions for on-air personnel on CFST's obligations with respect to open-line programming. The licensee indicated in its letter of 17 May 1999 that it would hold such sessions.

16. In light of the measures taken by the licensee, the Commission considers that CFST and CHUM have demonstrated a firm commitment to comply with section 3(b) of the regulations and section 3(1)(g) of the Act in the future. It therefore considers:

(a) that  it is not necessary to make a final determination with respect to the complaints, and

(b) that  it is not necessary to impose a mandatory order.

This notice is available in alternative format upon request, and may also be viewed at the following Internet site: http://www.crtc.gc.ca

Secretary General