The CRTC calls for written comments on the National Campus and Community Radio Association’s proposed Codes of Conduct and proposed guidelines and best practices. The Codes address, among other things, clauses relating to programming, the handling of complaints, sponsorship and advertising, and employees and volunteers, as well as the application and administration of the Codes. The Guidelines are intended, among other things, to provide additional context for the interpretation of the Codes. If approved by the Commission, NCRA members would abide by the Codes instead of the CAB Code of Ethics.
As required by condition of licence, all radio licensees must adhere to Equitable Portrayal Code and the Broadcast code for advertising to children, which elaborate on certain matters relating to high standard.
Other common programming content concerns, such as sexually explicit content and coarse or offensive language, are also matters of high standard. Private broadcasters have addressed such matters in the CAB Code of Ethics, which provides guidelines in a variety of areas, including human rights, children’s programs, news and opinion, the scheduling of television programming intended for adult audiences, and advertising. This code also includes references to other industry codes such as the CAB Equitable Portrayal Code, the CAB Violence Code and the RTNDA Code of (Journalistic) Ethics. Various decisions rendered by the Canadian Broadcast Standards Council as well as by the Commission provide interpretation regarding the clauses of the CAB Code of Ethics and the high standard provision of the Act
Adherence to the CAB Code of Ethics is not imposed as a condition of licence for any radio broadcaster. Rather, private broadcasters adhere to it as a condition of membership of the CBSC. The vast majority of campus and community stations are not CBSC members. The Commission uses the CAB Code of Ethics to guide its determinations of whether or not content is of high standard for all radio licensees, including campus and community radio licensees.
The National Campus and Community Radio Association proposed that the Commission consider an approach to the adjudication of content complaints specific to the campus and community radio sector. In that policy, the Commission stated that it did not have sufficient record to determine if a separate code of practice for the campus and community radio sector would be appropriate. However, the Commission directed the NCRA, if it chose to pursue its plan to develop a code of practice for the campus and community radio sector as proposed in the above-noted proceeding, to file its proposed code, for Commission approval, within one year of the date of the Campus and community radio policy.
The Commission stated that once a code of practice has been developed and submitted, it would issue a notice inviting public comment.
On 22 July 2024 the NCRA filed its proposed Codes of Conduct as well as its proposed NCRA/ANREC Guidelines and Best Practices. The NCRA submitted that the Guidelines are intended to articulate its members’ shared values and responsibilities to their communities, provide context for interpretation of matters included in the Codes, and provide non-binding guidelines and best practices on topics not covered in the Codes. In regard to the above, the NCRA expressed its belief that the CAB Code of Ethics, and other codes developed by the CBSC and its members, are, in many cases, not a good fit for our stations, because they were developed by the commercial sector to suit their needs and values, which can be very different from those of the community sector in both structure and substance.”
The NCRA indicated that it has attempted to create codes that incorporate flexibility to the greatest extent possible, in accordance with the flexibility that the association claims the community radio sector needs to best serve stations’ unique and diverse audiences and communities. The Commission notes in this regard that the proposed Codes require radio stations to develop their own programming policies on certain matters, rather than setting out specific guidelines in the proposed Codes themselves. This is the case, for example, regarding potentially offensive content, including coarse language, graphic sexually explicit material, graphic depictions of physical harm, and appropriate scheduling of adult-oriented material.
The NCRA stated that the Codes, which would replace the CAB Code of Ethics, would be voluntary in that it would be up to individual member stations to choose whether to adhere to the Codes by condition of licence. Further, the NCRA proposed that the Codes be administered by the Commission, as the NCRA does not currently have the resources or staff to adjudicate complaints pertaining to its members’ programming.
The Commission calls for comments on the proposed Codes and on the proposed Guidelines, as submitted by the NCRA. In particular, the Commission seeks comment in regard to the following questions:
*Is a distinct Code(s) to be applied when adjudicating programming complaints for the campus and community radio sector appropriate?
*Do the proposed Codes provide appropriate guidance on matters of high standard?
*Is it appropriate for the proposed Codes to require radio stations to develop their own programming policies on certain matters, rather than setting out specific guidelines in the proposed Codes themselves?
*Should adherence by NCRA members to the proposed Code(s), if approved by the Commission, be voluntary, as proposed by the NCRA?
The Commission invites interventions that address the issues and questions set out above. The deadline for filing interventions is 16 February 2024. Interventions must be served on the NCRA.
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