Blogging the CBC and the Charter

Awhile back when the CBC introduced it's new blogging policy I was one of the few people who still objected to it (compared to the old one). You see, even the new policy attempts to restrict the free speech of employees? What's wrong with that you ask? Just this: the Toronto Star, the Globe and Mail, CTV, City and other news organizations and especially the CBC (a crown corporation) do not enjoy freedom of the press. But the people who work for them do. That is to say that these organizations have the protection of freedom of the press only through their employees.

The Canadian Charter of Rights and Freedoms is very clear.

 2. Everyone has the following fundamental freedoms:

a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.

Freedom of "the press and other media of communication" is not granted to institutions but to individuals. Just as the CBC does not enjoy "freedom of religion" (management could not decide tomorrow that the CBC was a Jewish or Muslim organization and start acting accordingly) the CBC as an institution does not enjoy 'Freedom of the Press'. It is only the individuals who work for the CBC that have that freedom.

When people sign up to work for the CBC, or any other institution, they do not give up or transfer their charter freedoms to that organization, so any attempt to curtail freedom of the press ( or other media of communication) for individuals is contrary to the charter.

It is true that people who publicly publish material that violates non-disclosure agreements, gives away company secrets, or falls under libel or slander would be in some trouble, but other than that a free press is a free press.

Having said all of that I am delighted that the whole 'blogging policy' thing appears to be over. Recently, new CBC President and CEO Hubert T. Lacroix began commenting on the long running and anonymous CBC management blog the TeaMakers which ultimately led to an appearance by both on the CBC Radio program and podcast Search Engine CBC. Mr. Lacroix essentially said that he didn't mind. That as long as commentary was responsible and constructive that it was welcomed.

You can listen to a podcast of the Search Engine Canada program here

Crossposted to democraticmedia.ca