Category Archives: Opinion

The Rebel’s reporting on the Quebec mosque shooting, annotated

The Rebel, the website started by former Sun News personality Ezra Levant after the all-news network was shut down, likes to ask a lot of questions.

It’s good to ask questions. Journalism is about questions. Unfortunately too many of The Rebel’s questions are directed at its audience, rather than the people who would actually know the answers to its questions. The result is that the audience is left to guess at answers, and that doesn’t always lead to the truth.

Within hours of the Quebec City mosque shooting that left six Muslim men dead and more than a dozen injured, The Rebel had registered the domain quebecterror.com (Levant loves to register domain names) and was asking questions. Many of them were directed at the so-called mainstream media.

Since I happen to work for a daily newspaper, the most mainstream of mainstream media, perhaps I can offer some insight. So here is The Rebel’s reporting on the “Quebec terror” attack, annotated with notes from myself.

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Be careful what you wish for from all-news channels

“C’est le terrorisme à l’envers.”

Those were words that Pierre Bruneau would have liked to have had back (he apologized for them on Monday). He said them during a live telephone interview with Montreal mayor Denis Coderre just before midnight Sunday on TVA, hours after a shooting at a mosque in Quebec City left six people dead.

Bruneau was thinking out loud about how this was an apparent terrorist attack against Muslims, when we normally think of terrorism committed by Muslims (even though, with one major exception, such attacks are extremely rare in North America). He didn’t mean to say something ignorant or racist, but it kind of came out that way, at least for many of the now hundreds of thousands who have seen a video of the exchange on Facebook.

Bruneau is a veteran and a professional. He’s been dealing with breaking news for decades. And when even he starts mouthing off about n’importe quoi, it’s because there’s something wrong with the situation he’s been put in.

On Sunday evening, as news spread about the attack, people were hungry for information. Many of them lashed out on Twitter about the lack of live coverage on all-news channels. While LCN and RDI went live with special programming, CTV News Channel and CBC News Network did not at first. Critics tied the lack of live coverage to budget cuts, laziness and ignorance of anything happening outside of Toronto. John Doyle at the Globe and Mail made a column out of it. Even Le Soleil’s Richard Therrien blasted Radio-Canada for not more aggressively cutting into its main network programming, and then only doing so locally.

There are legitimate reasons to criticize CTV, CBC or other broadcasters. They’ve all had to undergo cuts to their newsrooms (mainly because their revenue has decreased as the market for TV advertising goes down). They tend to have minimal or even no staffing on weekends and overnight, and in a place like Quebec City where there’s no local English TV station, merely a bureau at the National Assembly, your immediate coverage is dependent on a single journalist and her cameraman.

The English networks could have gone live from Toronto, as the French ones did from Montreal, after the news broke around 9pm. But with the Quebec City reporter still rushing to the scene, and few details to go on, they’d be stuck spending 30 seconds recapping what they know (there was a shooting at a mosque, several people are dead and more injured, police have made arrests) and then filling the rest of every hour with their imaginations.

I’m one of those people who think 24-hour news networks should be focused on breaking news. After all, that’s what they’re there for, right? But I’m not sure special programming right off the bat is necessarily the way to go for an incident that is not a safety threat to the public. If they’d done that, we’d probably be roasting them over the coals for all the stupid ignorant stuff they said over the air to fill time, like we’re doing to Bruneau.

So let me propose a different solution to breaking news on all-news channels (and their related over-the-air networks):

  1. On the news channel, break into programming to announce what happened once it’s confirmed something actually did happen. Explain what you know and what you don’t know, and promise regular updates. Go back to regular or filler programming.
  2. Add a banner, ticker or other permanent on-screen element to whatever programming is airing explaining the news and giving the latest details. (This is standard on RDI when major news breaks but they can’t go live yet.)
  3. If your network has an over-the-air station in the affected market, and there’s a possible public safety issue, put that banner or ticker on top of programming there, include whatever public safety information needs to be communicated, and direct people to the news channel for more information. When the news channel has special programming ready, duplicate that channel’s feed on the local station.
  4. For the rest of the network, air a 30-second report instead of the first commercial at the next commercial break, directing people to the all-news channel (or if you don’t have one, your website) for more information.
  5. On the news channel, every half hour, give a 30-second (or however long it takes) update from the anchor desk, again being as transparent as possible about what you know, what you don’t know, and what you’re working on and cautioning that early information (even from official sources) can be wrong.
  6. When enough resources are mobilized that you’re confident you can have enough real information to air without having to resort to speculation to fill airtime, begin full-time special programming.
  7. Find things that can be cued or cut to when your anchor has run out of information to give. Maybe a two-minute roundup of the other headlines of the day. Even something simple like a graphic wall of text summarizing the known information so far. Do everything you can to resist the urge to start speculating, or asking other people to speculate, about breaking news.
  8. Once the influx of news has died down, especially if it’s now late at night, sign off from special programming and go back to updates every half-hour or hour.

Networks that run news channels need to do better jobs when news breaks late at night. So many major stories — the killing of Osama Bin Laden, the disaster in Lac-Mégantic and this — broke at night on the weekend, limiting the networks’ ability to cover them.

But like with those stories, there was plenty of coverage eventually. Every network and all the major newspapers sent reporters to Quebec City, either Sunday night or Monday morning. In fact, all three English-language national newscasts were anchored from Quebec City on Monday night (what journalistic use there is sending the anchors to Quebec City so they could deliver a newscast outside in the cold is still beyond my comprehension).

Plus, most of the information people were getting on Twitter or online came from the same journalists that were covering the incident for the major networks or newspapers. And yet people say stupid things like how they don’t need mainstream news because they have Twitter.

So the issue wasn’t a lack of interest, it was a lack of information early on, combined with difficulty mobilizing journalistic resources in an area that has few English-language journalists and at a time when most journalists in general aren’t working.

There are things that can be worked on there (though, of course, no consumer wants to pay for it) that may speed up the process a bit. But there is no circumstance in which you can produce a journalistically solid hour-long newscast about a breaking news event on a half-hour’s notice. You can’t make the authorities work faster, nor can you do their job for them. So in the first few hours of any breaking news story, you’re still left with some bad choices: wait before going live and continue with regular programming (pissing off the John Doyles of the world), produce live programming that repeats little information ad nauseam, have a lot of dead air, or ask your journalists to start doing what people on social media were doing on Sunday night: Repeating rumours, speculation and poorly-informed hot takes and emotional reactions rather than facts.

Which would you choose? My proposal above is the closest thing I can come to a compromise, but even the best-laid plans can easily fail when something big happens without warning.

20 bogus arguments about the CRTC and Super Bowl ads

With less than three weeks to go until Super Bowl LI, the rhetoric is heating up about a decision made by the CRTC two years ago to end simultaneous substitution during the Super Bowl, now that it’s about to finally come into effect.

There’s good reason for this. Simultaneous substitution is worth $250 million to the Canadian television industry, according to one estimate, and substitution for the Super Bowl alone — the most watched program on Canadian TV every year with an average around 7 million (plus another 1 million on RDS) — is worth $18 million a year to Bell Media, which owns the Canadian rights through 2019. There’s a huge financial interest for Bell to keep fighting this.

And so the decision is facing an appeal by Bell Media, though the court declined to stay the decision in the meantime, so it remains in force pending a decision.

Ever more desperate, Bell Media, the NFL and other allies in the fight appealed to the government directly, lobbying them to engage in creative manoeuvres to overrule the CRTC. The government appears disinterested in stepping in to overturn a populist decision by a supposedly arm’s-length regulator.

In the arguments for and against the decision, from interest groups, newspaper columnists and others, there have been a lot of good points and a lot of poor ones made. Those who want to oversimplify this issue have taken plenty of logical short cuts that can lead casual observers to incorrect conclusions.

Here are some of the arguments used by both sides that I’ve heard over the past few weeks (in some cases I’ve included links to those who have used them or implied them), and why I think those arguments are invalid.

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“Are you happy?”

It was a simple question, posed to me by a woman in a bar recently. It’s something I’ve occasionally thought about in the what’s-the-meaning-of-life way. I’m in my 30s, an age when you’re unquestionably an adult, but still young enough that more of your working-age life is ahead of you than behind. It’s an age when, if you’re single and/or childless, you can hear your biological clock ticking.

But mostly, it’s an age when you have lived enough that you can make an informed decision about what parts of your life you can see yourself maintaining for another decade or four, and which ones you want to change, assuming you have the freedom to do so.

The year that’s ending has been described in Internet memes and on television as a negative one, mainly because of celebrity deaths (David Bowie, Prince) and the election of Donald Trump as president of the United States. (Some people also throw in a mention of Syria.) A confirmation bias is setting in as people compile more reasons to dislike the artificial construct of time that began on Jan. 1, 2016 and will end in a week.

But celebrity deaths and awful politicians were not invented this year, and they won’t disappear next year. And despite all the doom and gloom, the world continues to improve statistically, with fewer people in poverty, less disease, less war and more technological development.

Personally, I look at happiness in terms of my daily life. I could, like others I see on Facebook, focus on my crises of the moment. On the minor inconveniences and frustrations that I have to deal with regularly. But the truth is I have it pretty good right now.

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It shouldn’t be this hard to watch the hockey games you want

Ever since the fall of 2014, when Rogers began a 12-year broadcasting rights deal with the National Hockey League, hockey fans (and Montreal Canadiens fans in particular) have been scratching their heads, pulling their hair out and engaging in other clichés trying to figure out how to watch their games.

There were several changes that took place all at the same time:

  • Rogers acquired national rights to NHL games, which includes Saturday night games (formerly CBC), Wednesday night games (formerly TSN) and Sunday night games (a new national window)
  • Rogers changed the way Hockey Night in Canada worked. Rather than split the CBC TV network and assign different stations different games, it used its multiple channels to make every broadcast national. On the plus side, it made it easier for people in Vancouver or Toronto to watch a Canadiens game, but on the minus side, it made it harder for the sometimes fan to catch their local team if that team wasn’t the Toronto Maple Leafs.
  • Rogers sub-licensed French-language national rights to TVA Sports, taking those rights away from RDS. For the first time in a decade, RDS did not have a monopoly on French-language NHL rights and would not broadcast all 82 Canadiens games.
  • Rather than let TVA Sports broadcast all Canadiens games, the team signed a separate regional rights deal with RDS, which meant the network would have to be blacked out outside the team’s region. Similarly for the Senators, which RDS also picked up regional rights to.
  • Some teams signed new regional rights deals. The Canadiens signed an English deal with Sportsnet, whereas before TSN had some regional games. The Senators went from Sportsnet to TSN for its regional rights. And the Maple Leafs had its regional rights split between TSN and Sportsnet, leaving Leafs TV without any games.
  • TSN went to five channels, ending part-time special regional channels for the Jets and Canadiens and making TSN3, TSN4 and TSN5 the main channel for regions served by the Jets, Leafs and Senators, respectively.
  • Rogers took control of NHL GameCentre Live, and made changes to that service.

To help people out, I wrote a story for the Montreal Gazette explaining the changes as best I could and included a full-page chart of every Canadiens game and what channels it would be available on.

A year later, there were enough demands from readers for another one that the sports editor asked me to repeat it.

And once again this year. Despite the situation being very similar to last year, the Gazette devoted another full page to the TV schedule and a story explaining what’s different. (I’ve also updated a story from last year for fans outside the Canadiens’ broadcast region.)

Don’t blame Rogers

Because these changes happened after Rogers took over as the national broadcaster, many fans blame the company for every blackout, complication or lack of availability of broadcasts. Some of that is earned, but most of it is not. It’s the National Hockey League, not Rogers, that sets the rules.

The anger is particularly high for Montreal Canadiens fans, who are used to seeing every game on RDS. The sub-licensing with TVA Sports meant that not only would Saturday night games move to the competing network, but RDS’s remaining games would have to be blacked out in most of Ontario and western Canada. The fact that Rogers made all 82 games available in English for the first time ever wasn’t enough to counteract that.

The NHL lets its teams sell rights to most of their games on a regional basis, meant to protect teams’ markets from competition for viewers. There are also games, usually on specific nights, where the league sells the rights on a national basis and there are no blackouts. It’s the same in Canada and the United States, and it also exists in other leagues (you think it’s complicated up here, look at the mess that is regional sports networks in the U.S.)

So I find myself spending a lot of time explaining to people how it works, that broadcasters don’t want to black out their channels, that it’s not just a money grab by Rogers, that it has nothing to do with the CRTC or whether a team has sold out a home game (that’s an NFL rule).

But knowing all that I do, there are some things that even I don’t understand, and that I think could be changed.

Do we need regional rights anymore?

The idea behind regional rights blackouts, whether it’s the NHL, MLB or the NFL, is to protect a sports team’s home market. If you’re starting a new Major League Baseball team in, say, Vermont or Connecticut, you want people in that area to be fans of your team. So you carve out an exclusive territory, and you make sure that other teams can’t broadcast all their games in that territory. You don’t want to make it as easy for people in your area to become Yankees fans.

But as fans here continually complain, that kind of thing won’t make them change allegiances, it’ll just frustrate them. A Habs fan in Toronto is going to stay a Habs fan, regardless of how many games are available to them on TV. And the regional rights blackouts don’t help when teams are close enough together that they can’t really have separate regions. (The Oilers and Flames share identical regions, as do the Canadiens and Senators, and many teams of different leagues in the New York area and southern California.)

What if we just eliminated them? Keep the split between rights sold by the league and those sold by individual teams, but end out-of-region blackouts.

The Canadian Football League doesn’t have regional blackouts. All games for all teams are national, and TSN holds the rights. And yet teams serving smaller markets, like the Ottawa Redblacks and Hamilton Tiger-Cats, aren’t complaining about people from their region being able to watch Toronto or Montreal games. And the Saskatchewan Roughriders are still crazy popular in that province.

In Canada, Major League Soccer splits game rights between national and team-sold broadcast deals. That’s why RDS (national) and TVA Sports (team-based) split the rights to Montreal Impact games. But there are no MLS regional blackouts in this country.

It’s too late to renegotiate existing agreements (mainly because too many parties are involved), but when the national deal comes up in 2026, Rogers (or Bell, or whoever) and the NHL should sit down and explore the possibility of lifting these blackouts in Canada.

Let me pay for it

An even more frustrating problem is for people who pay for services set up to watch out-of-market teams: NHL Centre Ice and NHL GameCentre Live. There, we have the reverse problem: Those broadcasts that are available on regular TV are blacked out in these services. (Though Rogers has made national games available in GCL and some in-region regional games as well.)

I get the need to protect regional rights holders. But if I’m paying $200 a year to watch NHL games, I should be able to watch everything. The NHL should either tell regional rights-holders to live with the competition, or come to some agreement whereby some of that $200 goes to compensate the regional rights-holder for the money they would otherwise get from a subscription to their TV channel. (And, of course, making sure that it’s their feed that’s used, ensuring that viewers see their ads.)

There’s progress being made. Making national games available on GCL is a big step forward. Making regional games available for authenticated subscribers is another, but Bell, Rogers and Quebecor need to sit down with each other and finally hammer out an agreement that allows their services to be fully available to each other’s TV subscribers. It only serves to annoy subscribers and alienate fans when Videotron subscribers can’t access Sportsnet Now and Bell subscribers can’t stream TVA Sports.

Other things can also be done, like linking GameCentre Live and NHL Centre Ice so you only have to pay for one of them to get both. Or creating new packages that make it easier and cheaper to follow a single team rather than the entire league.

More and more fans are saying screw it and watching pirated streams online. Some are even paying a few bucks a month for it, because it’s simple and reliable. As a recent Sportsnet Now ad showed, that’s the real competition here.

If people are willing to pay $200 a season to watch hockey, the least you could do is not make them jump through hoops on top of that.

This is your problem, NHL. Fix it before you lose even more fans and even more potential revenue.

The entirely predictable result of Quebec’s gambling-website-blocking law is coming

Only minutes after it was spotted at the very end of Quebec’s 2015 budget document, the proposal to force Internet service providers to block illegal gambling websites was criticized as being unconstitutional.

In the months that followed, the bill to implement the measure was criticized, by opposition parties, by Internet providers, by public interest groups, by Michael Geist, and by anyone with even a basic understanding of constitutional law in Canada. (Though, strangely, not by some actual independent gambling sites.)

And yet, the government kept pushing the legislation along. During parliamentary committee hearings, Finance Minister Carlos Leitão assured everyone that they had their lawyers look into it and it would pass a challenge. This isn’t a telecommunications bill, he argued, it’s about gambling, consumer protection and health, which are provincial jurisdictions.

When Bill 74 was finally adopted at the National Assembly in May 2016, it was with both opposition parties noting the potential issues (which also included worries about the impact this would have on small ISPs).

The Public Interest Advocacy Centre wasted little time, applying to the CRTC to ask it to declare the bill’s website blocking elements unconstitutional. Meanwhile, the Canadian Wireless Telecommunications Association launched a challenge in Quebec Superior Court.

On Thursday, the CRTC responded to PIAC’s application, arguing that on the one hand the court case should settle the matter of whether the bill is constitutional, while on the other hand saying that blocking websites is against the federal Telecommunications Act and complying with a provincial law is not justification for doing so.

The CRTC has given parties 15 days to respond to its preliminary findings, and if it doesn’t change its mind, it will suspend the PIAC application until the court case is settled.

The law won’t be implemented until probably 2018 at the earliest because it will take a while for Loto-Québec to set up its end of the system. That should be enough time for the court to decide on this issue, assuming it doesn’t end up being appealed.

In the meantime, we can sit here and shake our heads at all the energy, time and money being wasted by the Quebec government, the CRTC, the court system, Internet providers, PIAC, Loto-Québec and others over provisions of a law that is obviously unconstitutional and probably wouldn’t work even if it wasn’t.

The missing nuance of the Mike Ward debate

An unelected quasi-judicial board of PC police with no respect for fundamental freedoms is trying to force a comedian to pay thousands of dollars because someone didn’t like one of his jokes about a public figure.

A bigot who makes a career out of vulgarities and insults is finally being brought to minor justice after bullying a young boy by mocking his disability and expressing a desire for him to be murdered.

Either one of those sentences could describe the much-discussed legal battle between comedian Mike Ward and Jérémy Gabriel, the boy born with Treacher Collins syndrome who made headlines a decade ago when his wish to become a singer led to him singing in front of Céline Dion and the pope.

Just before he began a week of hosting the Nasty Show at Just For Laughs, Ward was ordered by Quebec’s human rights tribunal to pay a total of $42,000 in moral and punitive damages to Gabriel and his mother for comments he made during a one-man comedy show.

If you’re unfamiliar with the case, pat yourself on the back, because it seems like everyone has been talking about it. Even visiting American comedians were asked about the case during JFL.

Since the decision was announced, and even before while we were waiting for it, just about every communications medium that exists has hosted discussions on it. On one side, comedians and free speech absolutists who say this is a slippery slope toward government censorship of comedy. On the other side, social justice warriors who say comedy is no excuse for bullying a disabled child.

I’ve been thinking about the case for the past couple of weeks, trying to decide which side I’m on. I believe in protecting the vulnerable people of society from hate speech and children from bullying, but I also like Ward’s comedy.

And I saw the comedy bit in question, and I laughed. I still do.

So unlike most people who have commented on this case publicly, my position is more nuanced.

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Is it ethical for TV news to shill for the network?

The Rogers Media upfront in Montreal on June 7.

The Rogers Media upfront party in Montreal on June 7.

The beginning of June is a big time for Canadian TV networks. They invite journalists and advertisers to fancy parties and announce what new programming they’re adding to their schedules for the next season. In the case of Canada’s big three English commercial networks, Bell Media (CTV), Shaw/Corus (Global) and Rogers (City), that’s mainly acquired U.S. programming.

They’re called “upfronts”, and their purpose is clear.

But these broadcasters also own news outlets, and it might come as no surprise that the news side, and shows that are news-like in function, tend to cover only their parent company’s upfront presentation, even though they all announce their programming within a week of each other.

CTV’s eTalk has an entire special section on its website devoted to CTV’s upfront, including interviews with Hollywood stars hawking their new shows. CTV Toronto devoted five minutes to a live report. On ctvnews.ca, the network posted a Canadian Press story about Bell’s announcement, but not the CP stories about Shaw/Corus and Rogers.

Global News added plenty of videos to its globalnews.ca website of interviews with big stars during the Corus upfront presentation, but these weren’t journalistic reports. They just dumped raw video from the advertising event on their website. Global News Toronto devoted a bit more than two minutes to a packaged report about Global’s fall lineup (starts at 29:49). ET Canada, of course, focused plenty of attention on Corus’s announcement and none on anyone else. Online, there was a report with a journalist’s byline, but that turned out to be a straight-up copy-paste of Corus’s press release with some light re-wording at the top. It was only after I pointed that out on Twitter that an editor’s note was added to explain that.

Rogers doesn’t have a national news network like CTV and Global, and I couldn’t find anything on CityNews about upfronts. On Rogers’s news radio station websites, there was only Canadian Press stories about the upfront announcements, mostly because those websites republish every Canadian Press story. (An exception was 570 News in Kitchener, which republished a Rogers press release and credited it to “news staff”)

None of this is new, of course. Lots of journalistic outlets downplay or ignore their competitors’ good-news announcements. But the bias is never as stark as it is during upfront week.

We all accept that this happens, but is it ethical?

Last year, Bell Media’s president was fired after he interfered in CTV News’s coverage of a CRTC decision affecting Bell Canada. The message sent was clear: CTV News’s journalistic standards have no exceptions, even when dealing with the parent company.

But are upfronts an exception?

To find out, I asked the heads of CTV News and Global News to comment about their one-sided coverage of upfront announcements.

In both cases, it was noted that the daily entertainment shows (eTalk for CTV and ET Canada for Global) do not fall under the news division, which I find interesting.

Matthew Garrow, Director of News, Local Stations, Sports, Discovery Networks & Community Investment at Bell Media, offered this statement:

We can assure you that at no point does CTV News suspend its journalistic practices under any circumstance. All CTV News staff are trained to follow the strictest editorial guidelines designed to ensure impartiality when making our editorial decisions, which are safeguarded by both the CTV News Policy Handbook and Bell’s Journalistic Independence Policy. These policies are designed to ensure that, at all times, CTV News upholds the highest standard of journalistic independence.

I asked him why, if this is true, did CTV News cover Bell Media’s announcement but not its competitors’. I got no response.

Troy Reeb, Senior Vice President, News, Radio and Station Operations at Corus, was a bit more forthcoming:

Global News was not invited to our competitors’ upfronts which, like the Corus Upfront, were private events by invitation only. That’s not to say we do not provide coverage of competing networks’ programs and events when they are in the broader public interest. We certainly do, and our archives are filled with many stories about CTV, CBC, Rogers and Netflix.

Our commitment to fairness and balance doesn’t translate into an obligation to cover everything that happens. Editorial integrity doesn’t mean you have to do a story on The Bay because you did one on Sears. Every media outlet makes choices daily about what it will cover and what it will not.

That the major networks are announcing their fall schedules is not exactly breaking news, and clearly falls into the category of discretionary coverage. That we would cover Global’s announcements and not CTV’s should surprise no one since we are in the business of serving Global viewers, just as CTV is in the business of serving theirs.

In keeping with our Global News journalistic principles and practices, I can assure you that at no time was our news division or our reporters given any directive on what to cover or how to cover it. Coverage decisions were made by Global News based on audience interest and the accessibility offered to key players in the fall shows.

The point about not being invited to competitors’ upfronts is valid. (Maybe that would change if they covered each other’s announcements more?) But that doesn’t stop news outlets from reporting what’s announced in press releases and posted online.

And while news organizations have been self-promoting since the dawn of time, in an era of vertical integration, it’s not just CTV talking about CTV and Global talking about Global. It’s about CTV News, eTalk and BNN talking about CTV, Space and Discovery Channel, while Global News and ET Canada talk about Global, Showcase and Food Network, and Breakfast Television talks about City, Viceland and Sportsnet.

And those independent broadcasters not owned by the big media companies? Don’t expect to hear about your programming on the evening news, because they’re only in the business of serving their viewers.

It’s nice that no official orders were given from on high to manipulate news coverage. But if you’re a journalist at one of these organizations, how much freedom do you really have to choose not to cover your parent company’s press event, or to cover your competitor’s?

I certainly wouldn’t want to test it.

Rogers throws desperate hail-Mary with OMNI mandatory distribution request

Rogers calls it a “win-win solution”. But it would be just as accurate to describe it as a request for a government-imposed bailout of a private broadcaster whose business model has failed.

In an application that is being considered as part of Rogers’s TV licence renewals, the company has asked the CRTC to impose mandatory distribution of ethnic TV network OMNI across Canada, and to impose a fee of $0.12 per subscriber per month (which is the same as Canadians currently pay for CPAC).

This will give OMNI $14 million a year from subscribers, and in exchange Rogers has made several commitments related to programming:

  • 4 daily, national, 30 minute newscasts 7 days per week, in each of Italian, Mandarin, Cantonese (produced in Toronto with contributions from Vancouver and reporters in Montreal, Ottawa, Edmonton and Victoria) and Punjabi languages (produced in Vancouver with contributions from Toronto and reporters in Victoria, Edmonton, Ottawa, Montreal);
  • 6 daily, local 30 minute current affairs shows 5 days per week, in each of Mandarin, Punjabi and Cantonese language (produced in Toronto and Vancouver);
  • The creation of national cultural affairs series produced in Alberta that are designed to showcase important cultural and social contributions from Canada’s ethnocultural communities;
  • Original Canadian Scripted ethnic and/or third-language dramas and documentaries through a PNI commitment of 2.5%;
  • 10 hours of local independent production in Vancouver, Toronto and Alberta (Edmonton and Calgary combined) each week, measured on a monthly basis.
  • A commitment to devote 80% of OMNI Regional’s schedule to the exhibition of ethnic programming, while maintaining the requirement to devote 50% of the schedule to third-language programming;
  • A commitment to devote a minimum of 40% of OMNI Regional’s annual revenues to the production of Canadian programming;
  • A commitment to re-establish in-house production in all of the markets served by OMNI’s OTA stations;
  • The elimination of all U.S. “strip” programming that is not relevant to ethnic or third-language communities and a commitment to limit the amount of U.S. programming exhibited on OMNI Regional to a maximum of 10% of the schedule each month

A lot of this sounds good, but it also sounds a lot like just bringing back the services (like daily third-language newscasts) that OMNI cut recently as part of budget cutbacks, moves that its unions argued broke the spirit of its CRTC licence obligations.

The proposal is a bit complex. Rather than one national OMNI feed, the initial proposal called for three regional feeds, based on what OMNI stations broadcast in Vancouver, Alberta (Calgary and Edmonton have identical programming) and Toronto (which has two OMNI stations). Those living in Vancouver, Calgary, Edmonton and Toronto would still be able to watch OMNI for free over the air, but would also be required to pay 12 cents per month through their cable or satellite company.

To complicate it even further, Rogers amended the application earlier this month to include a fourth feed for Quebec, which would carry OMNI’s newscasts but also local programming from ICI, the independent ethnic station based in Montreal. The additional commitments for this channel include:

  • 3 hours of original local ethnic programming in French each week;
  • 1.5 hours of original French-language programming and a half-hour original English-language programming each week; and
  • 14 hours of original local independently produced programming each week.

The law

My initial reaction to this application was there’s no way it’s going to be approved. The commission set a high bar the last time it reviewed mandatory channels in 2013.

Under its policy, it will only invoke article 9(1)h of the Broadcasting Act, allowing it to force TV distributors to require all subscribers add a particular channel, when that channel meets the following criteria:

  • It makes an exceptional contribution to Canadian expression and reflects Canadian attitudes, opinions, ideas, values and artistic creativity;
  • It contributes, in an exceptional manner, to the overall objectives for the digital basic service and specifically contributes to one or more objectives of the Act, such as Canadian identity and cultural sovereignty; ethno-cultural diversity, including the special place of Aboriginal peoples in Canadian society; service to and the reflection and portrayal of persons with disabilities; or linguistic duality, including improved service to official language minority communities; and
  • It makes exceptional commitments to original, first-run Canadian programming in terms of exhibition and expenditures.

The commission has highlighted the word “exceptional” here, and has used lack of exceptionality to deny several applications for mandatory distribution.

Plus, there’s another complication. Asking TV distributors (and by extension their customers) to pay over-the-air TV stations (called “fee for carriage” or “value for signal” depending on what spin you want to put on it) has been discussed before. And in 2012 the Supreme Court weighed in on the matter, finding that the CRTC did not have the jurisdiction to impose this.

Does the fact that OMNI is ethnic somehow change the nature of this ruling? Or the fact that Rogers would be seeking mandatory carriage instead of negotiating deals with cable providers?

Tough choices

But just saying “no” wouldn’t solve the problem. OMNI is bleeding money, badly. CRTC data, which I can only get indirectly, suggest OMNI stations lost $33 million in 2014-15 on revenue of $24 million. When you’re spending more than twice the amount of money you’re bringing in, that’s a recipe for disaster.

Rogers states in its application that the OMNI business model has crumbled recently because their strategy of strip reruns of U.S. shows like Two and a Half Men and The Simpsons is no longer tenable in an era in which these programs are available on on-demand platforms like Netflix, both because viewers have a more convenient option for watching them and because their price has gone up as a result.

The application ends: “We believe this is the last opportunity for OMNI to adjust its business model so that its operations can become sustainable.”

The evidence points to that being true. Though Rogers did not state this explicitly, it seems very likely that without approval for this change, OMNI’s future could be in jeopardy. (Rogers did include separate licence amendment requests if the mandatory distribution request is denied, suggesting they’d at least be willing to try keeping it going.) “If this application for mandatory carriage as part of the basic service is denied, OMNI’s future viability is in question as we see no other long term solution other than our proposed national service and a new distribution model,” it writes.

If we assume that OMNI can’t survive without a de facto government bailout, the CRTC must decide whether ethnic over-the-air television in Canada is worth saving in its current form, or whether it should allow OMNI to die in the hope that someone else might take up the challenge. (Requests for new over-the-air television stations are virtually non-existent, but ICI presents a possible alternative — a family-run station that brokers programming using independent producers, running as more of a producers’ cooperative than a for-profit station.)

OMNI cutting its newscasts and replacing them with less expensive current affairs programming has made the case for bailing it out harder (even though a lot of those newscasts were mainly repurposing City News reports). But for many communities, particularly in Toronto, it remains a rare outlet for them to connect with their members.

The commission’s stuck between a rock and a hard place here. Say yes to OMNI’s demand, and you undercut the pick-and-pay policy you just started implementing, forcing people to pay for something they already get for free, and propping up a service that is already failing to meet people’s expectations. Say no, and OMNI risks going out of business, and you’ll be the one they blame for it. Ethnic communities across the country, but particularly in four of its largest cities, will lose access to programming that speaks specifically to them, and there’s no guarantee that someone else will come in and bring it back.

In the end, the debate could come down to a single, fundamental question: Is OMNI worth saving?

Comments on the OMNI application (which can be downloaded here), and licence renewals for OMNI and other Rogers television services, are being accepted until 8pm ET on Aug. 2 (it’s been extended to Aug. 15). Comments can be filed here (select application 2016-0377-0 for the OMNI mandatory distribution request). Note that all information submitted, including contact information, becomes part of the public record.

UPDATE (June 28): OMNI has launched a website to drum up public support for its application.

Radio host Jeff Fillion fired for insensitive use of sarcasm, emoji

Today, we learned that even Quebec City’s trash-talk radio has its limit.

Or, well, we learned that again. Because it’s happened several times before, including with the man at the centre of the issue today, the king of the format, Jeff Fillion.

At exactly 1pm on Wednesday, Bell Media and CHIK-FM (Énergie Québec 98.9) announced that Fillion, who hosted the afternoon drive show from 3-6pm weekdays, no longer works for the company. (It’s not explicitly clear if he was fired, quit or some mutual agreement was reached, but it’s clear this was more the company’s doing than his.) The station has put Maxime Tremblay in his timeslot for the time being.

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Sports broadcasters should wake up and smell the sexism

Let me ask you a question: When was the last time you heard a woman do play-by-play for a National Hockey League game?

When was the last time you heard a woman do colour commentary for an NHL game?

When was the last time you saw a woman be asked for her opinion during a pregame, intermission or postgame show of an NHL game in Canada?

Chances are the answer to all these questions is never. Because it doesn’t happen.

Sure, there are women involved in broadcasts, but they’re in the roles of anchors (usually with a man), hosts (asking male analysts questions but rarely answering themselves) or reporters (just the facts, ma’am). Often they’re even physically separated from the men, either rinkside during a game, or in the case of Hockey Night in Canada in an area so far from the main desk they’re practically in a different room.

And it’s not just an NHL thing. Watch any NFL broadcast and you’ll see women on the sidelines instead of in the broadcast booth or at the analysts’ table. This isn’t just a coincidence, it happens so often it’s become a de facto template.

Now I’m not calling for 50-50 parity here. I understand that for sports like pro hockey and football, where former players tend to become analysts, you’re going to have a lot of dudes. And that’s okay. But there are plenty of guys giving their opinions about hockey games that have never played a single minute in the NHL. And don’t pretend there aren’t women out there who have strong, informed opinions about hockey.

Sportsnet, TSN, RDS and TVA Sports, to say nothing of ESPN, NBC, Fox and others in the U.S., need to do more to desegregate their broadcasts along gender lines. Chantal Machabée is great, but if she’s the only female hockey personality on RDS, that’s a problem.

Andi Petrillo recently made history as the first woman to get a full-time job hosting a sports radio show in (English) Canada.* The fact that this took until 2016 is shameful. In Montreal, of the three radio stations that air sports programming regularly, the best we can do so far is an hour a week on TSN 690 Sunday mornings hosted by Robyn Flynn.

We can do better than this. We can do better than pretending it’s not an all-boys club because we have a pretty girl interviewing coaches on the sideline. Especially when you consider all the stuff that pretty girl has to do on a regular basis to ward off anonymous stalkers and potential rapists. The Erin Andrews case alone should give us pause, force us to reflect on the real-world consequences of treating women on TV as sex objects, or putting them in a position where the viewer sees them that way. (Remember that the guy who secretly filmed her through a peephole he created in her hotel room did so not because he was some disturbed pervert but because he figured he could make a lot of money off the footage.)

We can do better than even the few women’s hockey games broadcast on TV being announced by male play-by-play announcers because there are no women qualified to do it. We can do better than all-male analyst panels all of the time, with at best a female moderator.

This isn’t a theoretical hope for some non-existent women. There are real women out there doing hard work who would love an opportunity to be considered for jobs that have, either consciously or unconsciously, been locked out to them.

More women need to be trained in play-by-play, which is a very tough job that doesn’t in any way require the person doing it to be a former player or to have a penis. Put women in these positions at lower levels, calling minor-league games and regional broadcasts before upgrading them to big national ones. Women need to be encouraged to express their opinions on the air rather than always defer to their male colleagues, and they need to be asked what they think. You might be pleasantly surprised by the answer.

Because there are a lot of women out there with opinions worth sharing. Whether it’s Andi Petrillo, or Andie Bennett, or Robyn Flynn, or Katie Nolan, there’s a perspective that we’re sorely missing.

Considering all the crap they have to go through in this business that their male counterparts never even have to think about, I think the absolute least you could do is let them have a voice.

Happy International Women’s Day.

* It’s happened in Quebec. Once. (Thanks Francis for pointing this out.)

UPDATE: If you don’t think sexism exist in sports broadcast media, check out Andi Petrillo’s story.

Canada’s TV industry still needs to get its act together on streaming

Want to watch the Super Bowl tonight online or on mobile? No problem. You just have to prove you’re subscribed to CTV through a participating TV provider.

Now, that might sound a bit ridiculous, since CTV is a free-to-air television network and doesn’t collect subscription fees, but it’s nevertheless true. Bell Media is streaming the Super Bowl only on its CTV GO app, and that application works only if your TV provider has a contract with Bell Media to provide it.

Unfortunately, while English Canada’s big providers — Rogers, Shaw, Telus, Eastlink and of course Bell itself — are participating providers, Videotron and Cogeco are not. It doesn’t matter how many RDS or TSN channels you subscribe to, you can’t get mobile access to the Super Bowl or other Bell Media sports content until they make a deal. And there’s no word on when that’s going to happen.

I explore this frustration a bit in this business story, which appears in Saturday’s Montreal Gazette. It quotes Videotron saying they’re negotiating, and noting that they have Global GO, TMN GO and some other services, but that’s it.

There are gaps all across the compatibility chart. I can’t find one cable provider that offers all TV everywhere products, nor any broadcaster that’s available on all cable systems.

Quebecor seems to be the worst offender on both sides. Videotron subscribers don’t have access to most Bell Media, Rogers or Corus applications. Meanwhile TVA Sports has live streaming available only to Videotron and Cogeco subscribers.

Why is it like this? Because as Canada’s vertically integrated media companies get bigger, they’re more able to play hardball. Negotiations for carriage become more complicated, and a company like Quebecor trying to hold out for a better deal for itself and its customers ends up getting left out.

(Of course, since negotiations are secret, we have no idea which side is being unreasonable in its demands.)

Online streaming isn’t regulated directly by the CRTC, but vertically integrated companies have been told to play nice on TV everywhere products linked to licensed channels. The problem is that a deal can be considered “commercially reasonable” and still be a bad deal.

TV everywhere compatibility has gotten a lot better over the past few years, particularly as Bell, Rogers and Shaw signed deals to make their programming available on each others’ systems. But if the industry wants to show the CRTC and the government that the free market works better than government regulation, if it wants to show customers that cable is still better than over-the-top streaming, it needs to grow up, sit down together and make this work.

TV everywhere should work everywhere. If it doesn’t … well, just remember how easy piracy is these days.

NHL fans bullied John Scott, and blamed the NHL for it

January was quite the month for John Scott, a hockey player who started out as the butt of a joke and ended up as the National Hockey League All-Star Game Most Valuable Player.

There’s been no shortage of think pieces about Scott, especially over the past week. Most have decided to blame the NHL’s senior management for mishandling the issue, for holding a fan vote, for having Scott be eligible, for trying to convince him not to go and then for mysteriously engineering a trade that conveniently sent him to an American Hockey League team 5,000 kilometres away. (The league denies trying to prevent him from coming, but Scott himself said they tried to shame him out of it by invoking his kids.)

There’s no doubt the league mishandled the situation after Scott was chosen, and fumbled its way through trying to make good on it. But the NHL didn’t pick Scott for the all-star game. The NHL didn’t decide that humiliating a journeyman NHL player would be hilarious without caring what it would do to that guy. The fans did that.

So why aren’t they getting the blame from anyone (besides Don Cherry)?

I followed the John Scott story closely over the past little while, partly because he’s now in the Montreal Canadiens organization, but also because I related to him.

I was bullied in high school, pretty badly. There might have been one or two people in my high school who got it worse than me, but on the social hierarchy I was pretty near the bottom. I won’t bore you with details, but the torment was pretty standard for high schools in the 90s.

It was in my last year or two of high school, when during the lunch period there was some sort of vote on something. I don’t remember what it was, what the prize was, but I remember my surprise when one of my fellow students — one of the many who regularly bullied me — called out my name.

I didn’t get it. I hadn’t suddenly become popular. Why did these people vote for me? Why were they happy I won?

Then there was that time that a pack of girls brought me into an AV room and flashed me. (Well, not really, they were lightning fast and didn’t lift their shirts all the way, so I never saw anything.) What the hell was that about?

Had I become so uncool that I was now really popular? Like a reversal of coolness polarity?

No, I was still the butt of a joke. Things got better as people matured (including me), but my classmates didn’t look up to me, they were still looking down, and laughing.

I thought of that while following the John Scott story. He experienced something similar, but on a much larger and more public scale.

NHL fans decided to vote him in as a joke (and let’s not kid ourselves, that’s how this started), but Scott refused to bow out and instead approached the event with an enthusiasm that brought many more fans to his side. The love-in only got stronger through the events, culminating in him being hoisted on his teammates’ shoulders after scoring twice in the All-Star Game.

But that doesn’t shift responsibility for the fan vote that got him there. That doesn’t change the fact that John Scott was the victim of bullying on a massive scale.

Greg Wyshynski, the Puck Daddy blogger who first blurted out Scott’s name during a podcast, which sparked the campaign to vote for Scott, accepted some responsibility for starting it all. But while he spent a few seconds mocking Scott, he didn’t orchestrate the campaign to flood NHL all-star voting with votes for him. The Internet trolls on Reddit and elsewhere did that.

They need to accept responsibility for what they did, and not take the storybook ending as proof that the ends justified the means. They’re the villains of this story that Scott vanquished, not the fairy godmothers that gave him a happy ending.

The NHL has some responsibility here, too, of course. The idea of voting in someone as a joke has been around for years, since Rory Fitzpatrick almost got selected in 2007. And the selection of Zemgus Girgensons, while for positive reasons (Latvia wanted an all-star, and its citizens made it happen), should have reinforced the idea that fan voting can have unexpected consequences. And if it’s true that the league tried to pressure Scott or even forced the trade that may have banished him to the AHL, it needs to apologize for that.

And maybe there should be changes to the all-star selection process. Not a preselected list of qualified candidates, but some minimum qualifications, such as a minimum of NHL games played. The league might also consider measures to encourage more people like Scott, role players who never lead the league in scoring but are beloved by fans and teammates alike, to join the all-star festivities.

But the biggest change I’d like to see is in fans’ mentality. You’ve proven you have the power to manipulate the results of an online vote. Now maybe you’ll give it some more thought before making some poor hard-working guy you’ve never met the butt of your stupid joke.

In the meantime, congratulations John Scott. I hope you had as much fun participating as we did watching it. And I hope we’ll get to see you scoring some goals in Montreal soon.

Bell Let’s Talk: Are all of Bell Media’s newsrooms independently choosing to cover it?

On Monday, CTV News President Wendy Freeman appeared at a CRTC hearing in Gatineau looking into the future of local television, and she was asked about the editorial independence of Bell Media’s newsrooms, particularly in light of the Kevin Crull scandal, and journalistic independence code that followed it. Here’s what she said, from the transcript of that hearing:

It’s actually working out very well and what we have done is we’ve put a journalistic independence policy in place and basically so that there is never any interference from anyone that no one can ever influence our news division.

And if someone — anyone that works for CTV News feels that they are being pressured or influenced by someone, that they can come to me and that I now have a place to go if I feel that I am being pressured or influenced. And in the end, it is my choice on what we cover and what we do, and I have the final say.

But the independence policy was distributed across the company and in the end it basically says that no one has the right to interfere in our news gathering and in our news, and in our news editorial decision-making. And it has been going well. Thank you for asking.

Bell Media hasn’t published this independence code, but apparently its journalists can go straight to Freeman with any issues, and she reports directly to BCE CEO George Cope.

Two days later, there’s a test of this independence code as BCE does its annual Let’s Talk campaign to raise money and awareness for mental health. A laudable cause, to be sure, but it’s also an ad campaign with Bell’s logo all over it. (I first wrote about that aspect five years ago, and there was a followup counterpoint a year later.)

This year, as it has previously, Bell Media sent out a press release promising wall-to-wall coverage across its properties, including CTV News Channel, CP24, TSN, RDS, BNN, local CTV News stations and news-talk radio stations, plus newsy shows like eTalk and Innerspace. Everything under the Bell Media umbrella was going to talk about this issue.

So how does that square with the journalistic independence code? How are journalists supposed to feel independent if BCE is having them all report on a Bell campaign?

I put the question to Freeman, and here’s what she wrote back to me:

Thanks for checking in. I can confirm with complete certainty that all decisions to cover Bell Let’s Talk day and it’s mental health initiatives by CTV News outlets are made completely independent of corporate influence. CTV Newsrooms are unequivocally free to choose the news they cover.

Bell Let’s Talk Day is a news story every year that is of significant national interest.  It is being covered by a wide range of news outlets, including the CBC.

Millions of Canadians are engaged, making it Twitter’s #1 trending topic nationally and #2 worldwide. From politicians and the royal family to celebrities and athletes,  Bell Let’s Talk Day is clearly of interest to many, and as a result, newsworthy.

With regard to the press release cited in your note, we often announce in advance our coverage plans for news of national importance and of interest to viewers, always subject to change of course depending on the news of the day.

I’m still a bit skeptical about the influence Bell has over its newsrooms’ coverage. Here in Montreal, CTV News at noon had a five-minute remote interview with Mary Walsh near the top of the newscast (she did the rounds of CTV stations), and later another five-minute interview with a pro wrestler. During both, there was a graphic overlay of how many texts, calls and tweets were contributing to the campaign. That graphic, of course, used Bell’s logo, its colours and its fonts.

Mutsumi Takahashi interviews Shayne Hawke on CTV Montreal

Mutsumi Takahashi interviews Shayne Hawke on CTV Montreal

Does anyone believe CTV News would be doing this if this was a Telus campaign? Or a Manulife one? No, it would probably be covering it like CBC and others are covering today’s events: as an average news story about a trending topic, not a news event that requires special attention.

I certainly wouldn’t expect newsrooms to announce their coverage plans days in advance.

But who can be angry about more attention to mental illness, right? It’s a good cause, so why would a news director choose not to report on it, unless out of some malice? Is it so bad to hand over CTV News to Bell’s corporate PR people for a day for some joint venture for charity?

I’m a bit concerned that CTV News and other Bell Media news outlets are being a bit too passive about corporate interference, despite what Freeman says. I certainly wouldn’t expect any of their newsrooms to note the fact that Bell has many employees that don’t enjoy mental health insurance coverage, for example. (Though that’s a larger issue about freelancers and contract workers replacing permanent employees that’s affecting lots of sectors in the economy.)

But I’m more worried about the slippery slope. When CTV News, Bell Media and BCE see themselves as part of the same family, with journalists and corporate PR working so closely together, it’s easier for people to get the impression, like Crull did, that they have the same interests, or even that one is subservient to the other.

Maybe I’m just being paranoid. Maybe all of Bell Media’s newsrooms independently choosing to cover the same issue on the same day is normal and has nothing to do with the fact that the issue is being pushed by Bell Media’s parent company.

Or maybe I’m just being heartless because I’ve never had a mental illness and I should just shut up and let this one slide.

Does BazzoTV deserve a tax credit?

Marie-France Bazzo's BazzoTV is financed in part through a Canadian government tax credit.

Marie-France Bazzo’s BazzoTV is financed in part through a Canadian government tax credit.

The scandale du jour in Quebec media: The government has cut funding to BazzoTV, forcing the Télé-Québec current affairs show to shut down for good after this season.

Bazzo’s production company issued a statement, the show posted a page on its website, Marie-France Bazzo herself tweeted about it and there are plenty of news stories about the change, with Bazzo not being afraid to express her opinion on what this decision means for the future of television.

Reaction has been negative toward the government and supportive of Bazzo. One Journal de Montréal blowhard called it murder.

So what happened, exactly?

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