Broadcasting Act — B-9.01 2
meric text; ( émission ) programming control means control over the selection of programs for transmission, but does not include control over the selection of a programming service for retransmission; ( contrôle de la programmation ) programming undertaking means an undertaking for the transmission of programs, either directly by radio waves or other means of telecommunication or indirectly through a distribution undertaking, for reception by the public by means of broadcasting receiving apparatus, but does not include such an undertaking that is an online undertaking; ( entreprise de programmation ) radio waves means electromagnetic waves of frequencies lower than 3 000 GHz that are propagated in space without artificial guide; ( ondes radioélectriques ) temporary network operation means a network operation with respect to a particular program or a series of programs that extends over a period not exceeding sixty days. ( exploitation temporaire d’un réseau ) Meaning of other means of telecommunication (2) For the purposes of this Act, other means of telecommunication means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system. Exclusion — carrying on broadcasting undertaking (2.1) A person who uses a social media service to upload programs for transmission over the Internet and reception by other users of the service — and who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — does not, by the fact of that use, carry on a broadcasting undertaking for the purposes of this Act. Exclusion — social media service and programming control (2.2) An online undertaking that provides a social media service does not, for the purposes of this Act, exercise programming control over programs uploaded by a user of the service who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them. Exclusion — certain transmissions over the Internet (2.3) A person does not carry on an online undertaking for the purposes of this Act in respect of a transmission of programs over the Internet (a) that is ancillary to a business not primarily engaged in the transmission of programs to the public and that is intended to provide clients with information or services directly related to that business; (b) that is part of the operations of a primary or secondary school, a college, university or other institution of higher learning, a public library or a museum; or (c) that is part of the operations of a theatre, concert hall or other venue for the presentation of live performing arts. Interpretation (3) This Act shall be construed and applied in a manner that is consistent with (a) the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings and creators; (b) the right to privacy of individuals; and (c) the commitment of the Government of Canada to enhance the vitality of official language minority communities in Canada and to support and assist their development, taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society, as well as to foster the full recognition and use of both English and French in Canadian society. 1991, c. 11, s. 2; 1993, c. 38, s. 81; 1995, c. 11, s. 43 2023, c. 8, s. 2 2023, c. 15, s. 70 2026, c. 3, s. 399