22 July 2004

Silencing of Quebec radio station
dangerous precedent for censorship,
says free press advocacy group

Canada's broadcasting watchdog, in refusing to renew the licence of a controversial Quebec City radio station, is setting a "dangerous precedent for the censoring of other broadcasters," says the president of Canadian Journalists for Free Expression.

Arnold Amber, who is also Director of TNG Canada/CWA, says in a letter to Charles Dalfen, Chair of the Canadian Radio-television and Telecommunications Commission, that CJFE "believes that the space for free expression has been diminished by the CRTC's decision."

He urges Dalfen to revisit the decision and "endeavour to use every option available before enacting this extreme, silencing measure." CJFE is also calling on Canadians to send appeals to the CRTC chairman.

The CRTC ruled last week that CHOI FM, owned by Genex Communications Inc., had repeatedly broadcast insulting and offensive comments that were in violation of the Broadcasting Act. The Commission had received 92 complaints since 1997, many of them concerning offensive comments by the station's "shock jock" Jean-Francois Fillion. The CRTC refused to renew the station's licence, which expires at the end of August.

"It is obvious that the CRTC is extremely concerned about possible issues of hate speech," writes Amber. "CJFE believes that hate speech cases should be referred to the existing and comprehensive federal legislation .... The CRTC should not itself become an arbiter of hate speech."

Amber notes that "Canadians have access to a broad range of broadcast material, and those who do not wish to listen to CHOI FM are free not to tune in."

In its news release about the decision, the CRTC says it "considered that offensive comments made by the hosts over the station’s airwaves tended or were likely to expose individuals or groups of individuals to hatred or contempt on the basis of mental disability, race, ethnic origin, religion, colour or sex. The Commission also considered, among other things, that the station’s hosts were relentless in their use of the public airwaves to insult and ridicule people."

While the airwaves are a public domain and the CRTC is expected to monitor standards of conduct, writes Amber, CJFE "is concerned that, in choosing the harshest penalty available, the CRTC has exceeded its mandate."

Liza Frulla, the new federal Heritage minister, told reporters Wednesday that a review of recent CRTC rulings is a priority. She says she is seeking legal advice regarding the CHOI decision. Genex Communications says it will appeal the ruling to a federal court.