“Please indicate if your website contains any of the following (select all that apply): Al Waxman, Alanis Morissette, Alan Thicke, Alex Trebeck, Anne of Green Gables, Anne Murray, back bacon, bears, beavers…”

It hasn’t come to that – yet. The CRTC sends out questionnaires to professional web designers, amateur enthusiasts, or awkward teens to once again remind us that the world just doesn’t get them. Anyone with the time and inclination can create a website and have it up and running in a matter of hours. As of July 9, 2002 there were 2,073,418,204 websites listed on Google with “no way of knowing definitively”. With that amount of sheer numerical volume, it is nearly impossible for any organization to address the responsibility of regulating website content.

For the time being, the CRTC has decided not to apply any regulatory sanctions with respect to the content of the website. Although the dearth of websites, Canadian or otherwise, undoubtedly played a role in the CRTC’s ruling, the official results of its investigation were as follows:

o The Internet is not, by definition, broadcasting.

o Internet complements broadcasting. It is not a replacement.

oThe material can be customized by its user. The web is a “means of communication”.

oThere is already a large Canadian presence on the Internet.

oThe Penal Code and the web filtering team can effectively deal with the offensive content present on the Internet.

Currently, these findings serve as a perishable template for the CRTC to conduct further investigation into whether or not there is a place for regulation on the Internet. In fact, there have already been public hearings where both the provider and the consumer of websites have had the opportunity to express their opinions on the matter. There will no doubt be much more discussion and debate about whether or not the CRTC should regulate the internet.

So the question is: should the CRTC regulate the Internet?

Perhaps the question should be addressed like this: can the CRTC regulate the internet? To the first question, the answer is “probably not”. To the latter, the answer is “absolutely not”. There are many obstacles that prevent the CRTC from claiming any kind of regulatory influence over the Internet. These barriers can be seen as constant reminders that any attempt to define Canadian content on the Internet will be thwarted. The four mandates that will ultimately dictate any CRTC decision are:

oLegal Previous

oPersonal and moral choices

o Current Successes.

o Availability of Resources.

First, there is a legal history that creates a difficult hurdle for the CRTC to overcome if it wishes to establish a regulatory presence on the web. It’s about the reason the Internet is such a popular tool: porn. A popular saying is that pornography created the Internet. Ultimately, there’s nothing wrong with seeing naked people on your computer and… excuse me, I got distracted for a moment. However, on May 3, 2002, the Supreme Court of Canada issued a pre-establishment ruling.

On that day, the Supreme Court of Canada ruled on a horrific (aren’t they all?) child pornography case involving John Sharpe: a British Columbia man who owned child pornography on his computer and enjoyed writing sexually explicit stories with kids. His disgusting defense was based on the theory that his work and possessions had “artistic value” and that should override any legal discrepancies that might arise. Surprisingly, the Supreme Court of Canada agreed with him, ruling that:
“His possession…child pornography.” And the “graphic stories of child sex that Sharpe had written had artistic merit and were therefore exempt from child pornography laws.”

This ruling contradicts the CRTC’s earlier proclamation that the Criminal Code of Canada would act as a legal buffer to deter web users from viewing illegal material. Any attempt by the CRTC to enforce restrictive content limits would certainly be challenged by a reference to this specific case. If one element of the Penal Code can be circumnavigated in the name of aesthetic expression, why not another? The result of this landmark case, which is not lost on Canadians who wish to post or view illegal material on the web, is that Mr. Sharpe has no criminal record to reflect his revolting actions.

Along with the legal background, another basis that prevents the CRTC from regulating the Internet is the personal and moral rights that Canadians have under the Canadian Charter of Rights and Freedoms. This document, born on April 17, 1982, is the guide to the freedoms to which people who cross Canadian borders are entitled. Section 2(b) of the Charter, listed under Fundamental Freedoms, is an important passage. Declares that:
“Freedom of thought, belief, opinion and expression, including freedom of the press and other media.”

Internet is the new communication tool of the 21st century. At a minimum, it can be identified as “other media.” Name another device that allows its user to communicate with a partner in Malaysia, play chess with a girl in New Zealand, and see a Cuban’s views on thermodynamics. Internet allows people to massively communicate their ideas, thoughts, opinions and expressions. For the CRTC to impose limits on that ability would contradict Section 2(b) of the Canadian Charter of Rights and Freedoms.

Furthermore, the fundamental freedom to speak your mind is a right that is highly valued by all Canadians. Although freedom of expression is protected by the Charter, a more widespread belief is that freedom is a “right given by God, and not by law”. Canada prides itself on the fact that it is a mosaic of cultures. Yet freedom of speech is a bond between an Italian in Halifax and a Sikh living in Whitehorse. The Internet is the conduit for disseminating these expressions. Not all Canadians can appear on national television or radio to express their point of view. But all Canadians can log into a chat room or design a website to express their beliefs. The CRTC simply cannot interfere with that ability.

The third factor that should exempt the Internet from the CRTC’s influence is the simple fact that Canadian websites are thriving at an impressive rate without any regulatory guidance. Currently, “5% of the content on the Internet is Canadian.” That’s a significant percentile when you consider the number of websites available (recall 2,073,418,204 total websites as of July 9, 2002).

Canadian websites are building a reputation on the international stage as highly creative in terms of both creativity and content. Many Canadian websites, whether personal or professional, have garnered praise from those in the Internet community who appreciate the importance of a good website. Perhaps the latest accolade went to the website of The Edge 102.1 FM, a Toronto-based website for its radio station.

Peter J. Maurin, Professor of Media Studies at Mohawk College in Hamilton, made this announcement from the Edge 102.1 FM website:

“According to Broadcast Magazine, a publication that monitors media websites, the Edge 102.1 FM website is the fifth most visited website in the world for radio station websites. Worldwide, for all radio station websites radio stations, ranks number 5 in terms of visits”.

The CRTC, by holding the banner of good intentions, can provide regulatory guidance for the Internet in Canada. However, there is no reason for it. Canadian operated websites are strong and vibrant. As stated in the original CRTC ruling, there is already a strong Canadian presence on the Internet and any outside interference could put “Canadian Internet media at a disadvantage in the global marketplace.”

In today’s hyper-connected global marketplace, any advantage that can be gained can mean the difference between business success and failure. Today’s electronic commerce is based on international interaction between individuals, not anonymous communications. It would be grossly unwise for the CRTC to impose regulations on how Canadians conduct business on the web.

Coupled with the current Canadian success on the web, the resources available to Canadians prohibit the CRTC from establishing regulations. TV stations and radio stations cannot be purchased at the local Future Store. Not everyone has the means to launch a national newspaper. However, everyone can buy a computer and purchase web design software to create their own websites. Imagine the outrage if Canadians had to apply to the CRTC for a license to purchase web design material? Indeed, a draconian proposal if ever there was one.

Modern technology gives average citizens the ability to buy the technology to express their views. As this technology improves, the CRTC’s ability to have any influence over it will fade. Personal cell phones are now equipped with Internet access, with wristwatches to follow (if that hasn’t already happened). The Internet allows users to be part of and have access to two different groups: individuals and a mass collective. There are my opinions on a subject and then there are those of others. All the others are made up of individuals, of which I am an integral part.

The CRTC was right to explore the potential for Internet regulation. Other forms of CRTC regulation (ie CanCon) have proven to be highly influential in promoting and protecting Canadian culture. The difference between broadcast and Internet media is that Canadians don’t get to choose what kind of music is made by whom. If Bryan Adams wants to make a record, there’s no public hallway to counter that. The Internet allows people to challenge each other on a personal-global scale. Do you see something that bothers you? Post a reply on a message board. Do you have a strong opinion about something? Create a website. Do you want to search for others with similar interests? Join a chat room. The options are almost limitless.

Ultimately, however, the CRTC cannot regulate the Internet. Legally, any attempt to regulate the Internet would be challenged under the John Sharpe ruling. Personally, the right to free speech is protected (and sacred) under the Canadian Charter of Rights and Freedoms. The international community has already proven that Canadian websites are successful just the way they are, and Canadians have the technology at their disposal to create personal websites of their own design. Internet is the only tool available to everyone, by everyone. That unifying bond must not be tarnished.

As a fellow essayist put it: the CRTC’s attempt to regulate the Internet is an “Orwellian proposal”… like 1984 that “will descend on Canadian free speech like an iron curtain.” Last time I checked, the novel 1984 scared the hell out of me.