Here, the prohibition is to distribute a programming service “that contains false or misleading news.” Under the project, it would not distribute a program “that contains the news that the holder knows to be false or misleading and constitutes a danger to the life, health or safety of the public.” The wording of this proposal is similar to that of the Criminal Code provision that the Supreme Court of Canada has invalidated for constitutional reasons in Zundel. It is difficult to see why the ban could be considered valid.
Well, maybe, I would prefer that the CRTC wait for someone to challenge the provision in court rather than, proactively, cave and so (it seems to me) pave the way for Holocaust Denial on TV.
