NCJ Number
87956
Journal
Canadian Police College Volume: 6 Issue: 4 Dated: (1982) Pages: 226-258
Date Published
1982
Length
33 pages
Annotation
This article explores Canadian external and internal control mechanisms that could be used to control the media during terrorist incidents, the application of tort law in enforcing media responsibility, and the media perspective on these issues.
Abstract
In today's complex system of telecommunications, particularly in the fields of television and radio communications, there is an inherent danger that the mass media's freedom of journalistic expression could be abused by individuals who perpetrate terrorist incidents at the local, national, and international level. The principle of freedom of expression and the rights of the public to receive information have thus far prevented the Canadian Government from tightly regulating the media in this regard. However, the Canadian Radio-Television and Telecommunications Commission (CRTC), created in 1976, has made certain attempts in the area of broadcast control. Advocates of regulations to govern the CRTC's activities argue that terrorism is contrary to the criminal laws of Canada and should therefore not be broadcast or disseminated. In addition, Parliament could amend the Broadcasting Act or enact new legislation that would not be subject to the fundamental freedoms guaranteed by the Bill of Rights. Tort law could also be implemented to prevent the broadcasting of terrorist actions. The communication of information by third parties, the media, to terrorists that ultimately affects the person or property of innocent parties gives rise to legal action that stems from the concept of negligence. Media personnel uniformly oppose the introduction of more rigid Government regulation in the area of broadcasting and dissemination of information to the public. Nevertheless, it is suggested that the existing controls on media practices are inadequate, and that legislative reform is required. Twenty-three references and an 80-entry bibliography are provided: a document addressing police-media relations is appended.