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Chicoutimi, Quebec - 199705266
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Short-term licence renewal for CKRS Chicoutimi
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1. Following a public hearing in Québec beginning on 27 January 1998, the Commission renews the broadcasting licence for the radio programming undertaking CKRS Chicoutimi, from 1 July 1998 to 31 August 2000, subject to the conditions specified in this decision and in the licence to be issued.
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2. For the reasons set out later in this decision, the Commission renews the existing condition of licence requiring the licensee to abide by the Radiomutuel Policy on Content (the Radiomutuel Policy).
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3. At the time of CKRS's two previous licence renewals in 1994 and 1996, the Commission renewed the station's licence for short terms of 24 and 16 months, respectively (Decisions CRTC 94-665 and 96-730). These short-term renewals stemmed from the Commission's serious concerns regarding complaints and interventions relating to on-air comments. This present renewal for 26 months will allow the Commission to assess over a reasonable period the licensee's compliance with the Broadcasting Act (the Act), with the condition of licence referred to above relating to the Radiomutuel Policy and with the provisions of the Radio Regulations, 1986 (the regulations).
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4. During the current licence term, the Commission examined a number of complaints about CKRS's programming. The Commission concluded that the licensee had dealt satisfactorily with three of these complaints. A fourth complaint, filed personally by Pierre Mazurette, legal counsel for the Jonquière CEGEP, was followed up after the hearing. Another complaint, filed by Francine Dubé, was not followed up by the complainant or her legal counsel.
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5. The two complainants who appeared at the public hearing are the Université du Québec à Chicoutimi (UQAC) and the Jonquière CEGEP. These two educational institutions had also filed complaints at the time of CKRS's last licence renewal. Their complaints relate to the same program that was the subject of their previous complaints, namely a program hosted by Louis Champagne. Discussion at the hearing related mainly to the matters raised in the complaints filed by UQAC submitted on 1 October, 27 November and 16 December 1997 as well as a complaint by the Jonquière CEGEP on 18 December 1997, which were accompanied by several hundred pages of transcripts of the comments heard on the program in question between 1 November 1996 and 11 December 1997.
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6. The complaints filed by UQAC and the Jonquière CEGEP allege that there was a violation of "high standard" mentioned in section 3 of the Act, and that there were contraventions of the Radiomutuel Policy, particularly of the following arcticles: [TRANSLATION]
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6. Coarse and/or vulgar language is not appropriate on the stations' programs;
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8. Individuals and groups are entitled to respect, and they should not be harassed, insulted or ridiculed;
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9. Hosts must not use their broadcasts to make personal attacks;
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11. Journalists and program hosts must avoid controversial subjects in which they have a personal interest. In every circumstance, the program host or journalist concerned must disclose the interest he has in a topic. His involvement in a issue must not detract from the facts.
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13. At all times, journalists and/or program hosts must make a reasonable effort to confirm the facts before broadcast. Any comment that cannot be supported by substantiated evidence must not be broadcast. Confirmation presupposes detailed research that contains no tendentious or erroneous interpretations.
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7. Essentially, the interveners submit that the repeated attacks against them by program host Louis Champagne are in contravention of some of the principal provisions of the Radiomutuel Policy, including those relating to factual inaccuracy and inadequate research, coarse and vulgar language on the air, and, in general, broadcasting comments that insult and harass.
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8. With regard to the right of reply provided for in article 16 of the Radiomutuel Policy, the Jonquière CEGEP echoed the Commission's wording in Decision CRTC 96-730, noting that when one has to reply to on-air comments by a program host on a daily basis, it can make a mockery of the right of reply.
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9. On 9 February 1998, Mr. Mazurette submitted the complete documentation related to his complaint. Among other things, he alleged that CKRS had broadcat incorrect information concerning his participation in a delegation that was supposed to go to France as part of a puppet festival. Mr. Mazurette maintained that CKRS continued to broadcast the same incorrect information after he had given an interview to CKRS to rectify the facts.
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10. The Commission further notes that, in its intervention at the hearing, the Jonquière CEGEP reported that, on the day before the 27 January 1998 public hearing, CKRS rebroadcast a recording of a telephone message that was discussed in Decision CRTC 96-730. The Commission concluded in that decision that by broadcasting this recording at least 32 times the licensee had contravened articles 8 and 9 of its policy with regard to harassment and personal attacks. On 13 February 1998, the Jonquière CEGEP filed a further letter of complaint with the Commission relating to that incident.
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11. In addition, in this latter complaint, the Jonquière CEGEP stated that Mr. Champagne's on-air comments on 27 January 1998 lacked balance and accuracy and led to tendentious and erroneous interpretations. The Jonquière CEGEP made its comments in juxtaposition to the affirmations made by the licensee's representatives at the hearing that the problems had been corrected.
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12. At the public hearing, the licensee emphasized the action it had taken to follow up on Decision CRTC 96-730 and to improve the quality of its on-air language. Radiomutuel's president said that he had written to all of CKRS's program hosts and news staff to remind them of the conclusions of the Commission's decision and to advise them to ensure that the Radiomutuel Policy is strictly followed. The management of Radiomutuel's radio division also met with the CKRS program hosts in Chicoutimi to discuss these matters and various related legal and regulatory issues. In addition, a prevention seminar was held in Québec by Radiomutuel's legal counsel for the programming directors and news directors, program hosts, and research staff of all Radiomutuel radio stations, including those of CKRS.
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13. Radiomutuel further submitted that Louis Champagne's program is about opinions, and that the host airs comments, not news. The licensee also submitted that the comments and opinions expressed by Mr. Champagne are based on facts that have been researched and confirmed at the source. As to the right to use verbal caricature, the licensee stated that it has taken measures to eliminate any abusive language and any remarks of that nature aimed at individuals. With regard to Mr. Mazurette's complaint, the licensee argued that the complainant is a "public figure" and that the facts had been verified in this case.
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14. With regard to balanced opinion, Radiomutuel committed to provide all parties with a right of reply and to put in place the mechanisms required to ensure opinions are balanced. According to the licensee, balance is achieved across the CKRS programming schedule as a whole. It indicated that another open-line program on CKRS in the afternoon could be used to provide a right of reply or as a counterpoint for the opinions and comments heard on Louis Champagne's program in the morning. In a letter dated 28 February 1998, in response to the additional complaint by the Jonquière CEGEP, the licensee stated that it relied, in part, on the extent of the local written press coverage to ensure balance.
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15. Responding to the accusations of harassment, Radiomutuel maintained that Louis Champagne does not systematically harass UQAC or the Jonquière CEGEP. The licensee argued that public educational institutions are legitimate targets for comment, opinion and criticism relating to their activities.
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16. With regard to the rebroadcasting of a recording of a telephone message which is the subject of the Jonquière CEGEP complaint, the licensee argued that this broadcast was made (TRANSLATION( "as an illustration of the history of this affair" and that only repeated broadcasts would violate articles 8 and 9 of its policy.
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The Commission's conclusions
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17. The Commission has jurisdiction pursuant to the Broadcasting Act, by each specific condition attached to a licence and by the relevant regulations to regulate the programming aired by broadcasting licensees. Pursuant to section 3(1)(g) of the Act, the Commission has the responsibility to ensure that programming originated by broadcasters is of high standard. The Commission must regulate and supervise all aspects of the Canadian broadcasting system in order to implement the Canadian broadcasting policy including the requirement for high standard. The Commission also takes into consideration the provisions of the Canadian Charter of Rights and Freedoms, particularly as regards freedom of expression. Furthermore, the Act provides that it must be construed and applied in a manner consistent with the freedom of expression and the journalistic, creative, and programming independence enjoyed by broadcasting undertakings. In this instance, the Commission must also consider the requirements of the Radiomutuel Policy. In case of doubt, the Commission must rule on the side of the fundamental right to freedom of expression.
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18. The Commission recognizes that Radiomutuel has made certain efforts to address the concerns expressed by the Commission at CKRS's last licence renewal, and those efforts have brought about an improvement in the quality of on-air language. The licensee admitted, however, that some on-air comments by Mr. Champagne that were mentioned at the hearing might be inconsistent with the high standard requirement of the Act and with article 6 of the Radiomutuel Policy relating to the use of coarse or vulgar language.
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19. The Commission also notes that article 8 of the Radiomutuel Policy deals with harassment of individuals and groups. At the hearing, the licensee argued categorically that institutions like universities and CEGEPs cannot be considered to be groups. For their part, UQAC and the Jonquière CEGEP consider, nonetheless, that they are targeted systematically and relentlessly by the many negative remarks and comments that Mr. Champagne makes about them.
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20. While recognizing that the licensee may not have, in the strict sense, contravened its guidelines on harassment, when one considers that the bodies or institutions affected are not "groups" under the terms of article 8 of the Radiomutuel Policy, the Commission is still seriously concerned about the allegations of harassment made by the complainants.
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21. On the one hand, it is acknowledged that these educational institutions are public entities funded by the public treasury. Other groups in the community also make use of public funds. Their activities and management therefore hold interest for the public at large, and it is to be expected that they be subject to opinion, comment and criticism in the media insofar as this is done respecting the high standard requirement and the principle of balance in programming material. On the other hand, in view of the repeated attacks and ceaseless negative criticisms noted in the hundreds of pages of transcripts provided to it, the Commission finds that program host Louis Champagne is, at a minimum, relentless in discrediting or ridiculing these institutions, their teaching staff and certain community organizations.
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22. The Commission points out that issues of public concern must be the subject of balanced discussions on the air. Furthermore, a licensee cannot rely on coverage of an event in the written press to fulfill its own balance requirement.
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23. With regard to the complaints relating to reasonable efforts to confirm the facts, it appears that a reasonable effort was made in several cases to confirm the facts that formed the basis for Mr. Champagne's on-air opinions and comments. The Commission recognizes also that raising questions about international cooperation and the use of public funds for that purpose by the plaintiff are matters of public interest. However, the use and interpretation of the facts, as well as some descriptive words used by Mr. Champagne, might be interpreted as being tendentious or erroneous. Regarding the accusations of false or misleading statements concerning UQAC's fund-raising campaign, the Commission noted the licensee's affirmation that it can substantiate its statements in court.
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24. On the other hand, the Commission considers that the rebroadcasting of the recording of a telephone message, which was the subject of the Jonquière CEGEP's complaint, cannot be reasonably separated from the preceding 32 broadcasts which the Commission noted in Decision CRTC 96-730. The explanations provided by the licensee in this regard are unacceptable and indicate that it is not entirely in control of the situation.
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25. In conclusion, the Commission finds that a difficult situation still exists overall; positions have hardened on both sides with repeated attacks and complaints in recent years. The licensee acknowledged this, describing the debate as [TRANSLATION] "very, very polarized", and indicating that it is looking for some way to resolve the conflicts. In the circumstances, the Commission considers it appropriate to renew CKRS's licence again for a short term and to renew the condition of licence relating to compliance with the Radiomutuel Policy. The Commission expects the licensee to continue its efforts over the new licence term to integrate the Radiomutuel Policy more into CKRS's operations and to achieve full compliance with all its components.
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26. The Commission again wishes to emphasize the importance of confirming the facts, according to recognized journalistic standards, before commenting on them on the air. It considers that detailed research should not lead to tendentious or erroneous interpretation of the facts. According to the "purpose" of the Radiomutuel Policy itself, it applies to news and public affairs programs, magazine programs, open-line programming and sketches. Thus, even in programs containing a high level of editorial content or opinions, there must be an adequate verification of the facts to support the opinions. As required by article 13 of the Radiomutuel Policy, the program hosts must make (TRANSLATION( "a reasonable effort to confirm the facts before broadcast" and the comments to be broadcast by the hosts must be supported by (TRANSLATION( "substantiated evidence".
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27. The Commission recognizes that a licensee has the right to criticize and to question on air the actions of individuals, bodies and institutions which work in the community. The Commission considers, however, that this criticism must not be directed unduly and relentlessly.
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28. As indicated at CKRS's last licence renewal, the Commission expects Radiomutuel to:
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(i) inform it as soon as possible of any legal action against CKRS or any judgment or out-of-court settlement resulting from legal action against CKRS or CKRS program hosts relating to on-air comments; and
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(ii) provide a copy of the Radiomutuel Policy to the CKRS program hosts and to any person who requests it.
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French-language vocal music
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29. In its Notice of Public Hearing, the Commission indicated that it noted an alleged contravention by the licensee of section 22(5) of the regulations relating to the broadcast of French-language vocal music. Analysis by the Commission revealed a level of 64.3%; the regulations require 65%. The Commission notes that 65% is a regulatory requirement, not an objective.
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30. At the Public Hearing, the licensee explained that when it broadcasts sports events, last-minute changes to its schedule are sometimes made, and the shortfall noted by the Commission was caused by such a change. It added that every effort was made to attain the minimum level of French-language vocal music required by the regulations, including broadcast during periods of local programming, of higher levels of vocal music during local programming than is required by the regulations.
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31. The Commission views with concern the licensee's failure to comply with this regulatory requirement. It intends to monitor the licensee's performance closely during the new licence term, and it requires the licensee to take all appropriate measures to ensure compliance with the regulations at all times.
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32. The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines For Canadian Talent Development, as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, on its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking. The Commission has noted the written intervention relating to this matter filed by the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ).
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33. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Broadcasting Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.
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34. In accordance with section 22(1) of theAct, this renewal is subject to the issuance of a Broadcasting Certificate by the Department of Industry.
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35. The Commission draws the licensee's attention to section 22(4) of the Act which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 of the Act is of no force or effect.
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This decision is to be appended to the licence.
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Laura M. Talbot-Allan
Secretary General
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This document is available in alternative format upon request.
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