Political Influence, Political Influence, Elections and Political Elections and Political

MarketingMarketing

Propaganda DefinedPropaganda Defined

An intentional program of selected An intentional program of selected information used to advance a doctrine, information used to advance a doctrine, ideology or practiceideology or practice

Three characteristics of the narrow Three characteristics of the narrow definitiondefinition

The Widening Definition of PropagandaThe Widening Definition of Propaganda

Four Sources of Political Four Sources of Political InfluenceInfluence

Constitutional and Legal or Regulatory Constitutional and Legal or Regulatory ControlControl

As a dominant News Source: influence and As a dominant News Source: influence and manipulate News Manufacturemanipulate News Manufacture

As a buyer of Advertising: using economic As a buyer of Advertising: using economic clout over the mediaclout over the media

Regulation of Media Coverage During Regulation of Media Coverage During ElectionsElections

What Democratic States May do (Policy What Democratic States May do (Policy Instruments)Instruments)

– Democratic states may:Democratic states may: Protect the Media in the ConstitutionProtect the Media in the Constitution Censor the MediaCensor the Media Enact Freedom of Information LawsEnact Freedom of Information Laws Act as an Owner of Public Media ( like the CBC)Act as an Owner of Public Media ( like the CBC) Make Laws on Foreign Investment ( daily press Make Laws on Foreign Investment ( daily press

20% cap)20% cap) Regulate Media ( Broadcasting)Regulate Media ( Broadcasting) ““expect” media ( by using soft power) to expect” media ( by using soft power) to

responsibly regulate their own profession responsibly regulate their own profession ( codes of conduct)( codes of conduct)

Tax or Subsidize the Media/AdvertisingTax or Subsidize the Media/Advertising

Political Control of the Political Control of the MediaMedia

By What Rules Must the Media Play?By What Rules Must the Media Play? How Accountable Should Media Be?How Accountable Should Media Be?

Legal Controls and Freedom Legal Controls and Freedom of Expressionof Expression

Canadian Charter of Rights and FreedomsCanadian Charter of Rights and Freedoms Section 2b) guarantees freedom of Section 2b) guarantees freedom of

thought, belief, opinion and expression, thought, belief, opinion and expression, including freedom of the press and other including freedom of the press and other media of communicationmedia of communication

but Section 1 ( the preamble) states that:but Section 1 ( the preamble) states that:– The guarantees (of ) the rights and freedoms The guarantees (of ) the rights and freedoms

set out in it are subject only to such reasonable set out in it are subject only to such reasonable limits by law as can be demonstrably justified limits by law as can be demonstrably justified in a free and democratic societyin a free and democratic society

Constitutional Bottom Line:Constitutional Bottom Line:

Canada’s law does Canada’s law does notnot guarantee absolute guarantee absolute freedom of the media from State Control or freedom of the media from State Control or Judicial Review by the Supreme Court of CanadaJudicial Review by the Supreme Court of Canada

Freedom of Press is conditionalFreedom of Press is conditional A delicate balancing act:A delicate balancing act:

– Between primordial State role in guaranteeing Between primordial State role in guaranteeing national security ( collective rights) and national security ( collective rights) and individual freedomsindividual freedoms

– Between individual/media right to FOE and Between individual/media right to FOE and ‘rightness’ of selective censorship‘rightness’ of selective censorship

Constitutional LimitsConstitutional Limits

What are the limits?What are the limits?– The Notwithstanding /PreambleClause ( section The Notwithstanding /PreambleClause ( section

1) if law can be demonstrably justified 1) if law can be demonstrably justified – Entrenches equality rights ( S. 15):Entrenches equality rights ( S. 15):

Every individual is equal before and under the law Every individual is equal before and under the law and has the right to the equal protection and benefit and has the right to the equal protection and benefit of the law withour discrimination…based on race, of the law withour discrimination…based on race, national or ethnic origin, colour,religion, ses, age or national or ethnic origin, colour,religion, ses, age or mental or physical disabilitymental or physical disability

– Multiculturalism :Section 27: Multiculturalism :Section 27: Consistent with the preservation and enhancement of Consistent with the preservation and enhancement of

the multicultural heritage of Canadiansthe multicultural heritage of Canadians

First Legal Controls: Protections of First Legal Controls: Protections of National SecurityNational Security

Powers over security: imposition of acts to restrict civil Powers over security: imposition of acts to restrict civil libertiesliberties

When security threatened, State may censor to protect When security threatened, State may censor to protect itselfitself

Canada’s War Measures Act ( 1970); Alberta Law on Fair Canada’s War Measures Act ( 1970); Alberta Law on Fair Information (1937): Information (1937): gagged the press on security groundsgagged the press on security grounds

In time of real or apprehended insurrection the State does In time of real or apprehended insurrection the State does have near absolute control: a throwback to the have near absolute control: a throwback to the authoritarian model of the pressauthoritarian model of the press

In 2001 Canada enacted the Anti Terrorism Bill ( Bill C-36) In 2001 Canada enacted the Anti Terrorism Bill ( Bill C-36) to respond to US pressure and an international convention to respond to US pressure and an international convention to suppress terrorism after September 11, 2001.to suppress terrorism after September 11, 2001.

Second Grounds: Social Second Grounds: Social Cohesion and Domestic Cohesion and Domestic

SecuritySecurity

Criminal PowersCriminal Powers

State also introduces classes of criminal State also introduces classes of criminal expression:expression:– Incitement of ‘violence against state’ Incitement of ‘violence against state’

( seditious libel)( seditious libel)– Incitement of cultural genocide: S. 319 of the Incitement of cultural genocide: S. 319 of the

Criminal Code (1970): advocating killing of Criminal Code (1970): advocating killing of members of an identifiable groupmembers of an identifiable group

– S 117 : Prohibit willing spreading of false news S 117 : Prohibit willing spreading of false news ( fire!)( fire!)

State may compel journalists to release State may compel journalists to release their sources in a criminal investigationtheir sources in a criminal investigation

Hate LegislationHate Legislation S. 13 of the Canadian Human Rights Act S. 13 of the Canadian Human Rights Act

(1977)(1977) Updated by the Anti Terrorism Bill ( 2001): Updated by the Anti Terrorism Bill ( 2001):

prohibits communication which will expose prohibits communication which will expose a person or identifiable group to hatred a person or identifiable group to hatred and contemptand contempt

A number of countries have extensive hate A number of countries have extensive hate legislation, censoring speechlegislation, censoring speech

Circulates around the notion of security Circulates around the notion of security again: the right of individuals and again: the right of individuals and communities to live free from communities to live free from manifestations of hate and discriminationmanifestations of hate and discrimination

Leading Case: Keegstra Leading Case: Keegstra ( 1990)( 1990)

Also: Zundel, Collins etc. under S. 319 (2)Also: Zundel, Collins etc. under S. 319 (2) Keegstra a teacher in Alberta who made anti-Keegstra a teacher in Alberta who made anti-

Semitic statements to studentsSemitic statements to students– Statements not in privateStatements not in private– Statements not in any effort to generate discussion for Statements not in any effort to generate discussion for

public benefit ( instead, he advised students to accept his public benefit ( instead, he advised students to accept his views and gave better grades to students who echoed his views and gave better grades to students who echoed his views)views)

– Not trying to point out hateful things only to alleviate hateNot trying to point out hateful things only to alleviate hate Regina vs. Keegstra in Supreme Court of Canada Regina vs. Keegstra in Supreme Court of Canada

ruled 4:3 against Keegstraruled 4:3 against Keegstra Then Chief Justice Dickson argued if Canada is a Then Chief Justice Dickson argued if Canada is a

multicultural society, then the protection of multicultural society, then the protection of multiculturalism justifies censorship in some casesmulticulturalism justifies censorship in some cases

Political Control 3: Political Control 3: NewsManufactureNewsManufacture

Government is one of the biggest sources of news Government is one of the biggest sources of news for the mediafor the media– Media depend on governments for newsMedia depend on governments for news– Governments depend on media to reach their voters and Governments depend on media to reach their voters and

mobilize consentmobilize consent On some matters, the Government offers the On some matters, the Government offers the

onlyonly source of news ( eg. In times of crisis SARS source of news ( eg. In times of crisis SARS etc., or on economic productivity news from etc., or on economic productivity news from Statistics CanadaStatistics Canada

Media Protections: Freedom of Media Protections: Freedom of Information Legislation ( 1982)Information Legislation ( 1982)

Protects citizens and media from arbitrary Protects citizens and media from arbitrary concealment of information during peace timeconcealment of information during peace time

Freedom of Information legislation may compel Freedom of Information legislation may compel governments to release information if requested governments to release information if requested by press or public– depending on terms and by press or public– depending on terms and conditions of the legislationconditions of the legislation

Freedom of Information Ombudsperson may helpFreedom of Information Ombudsperson may help 30 years later, ‘apprehended insurrection’ 30 years later, ‘apprehended insurrection’

grounds found false in the cabinet deliberations grounds found false in the cabinet deliberations of the War Measures Actof the War Measures Act

Other cases: Pharmaceutical cases etc.Other cases: Pharmaceutical cases etc. FOI helpful as long as there is a FOI helpful as long as there is a

vigilant/investigative pressvigilant/investigative press

Induce Media to Set Up Induce Media to Set Up Standards to Self-RegulateStandards to Self-Regulate

For Example: after the Kent Commission a For Example: after the Kent Commission a set of regional Press Counsils was set up to set of regional Press Counsils was set up to hear complaints about bias or unfair newshear complaints about bias or unfair news

The Canadian Broadcast Standards Council The Canadian Broadcast Standards Council is anotheris another

The codes set out values with respect to The codes set out values with respect to press independence, prohibition of conflict press independence, prohibition of conflict of interest, fair comment, consistent with of interest, fair comment, consistent with the Charterthe Charter

( SEE OVERHEAD)( SEE OVERHEAD)

Direct / Indirect use of Direct / Indirect use of economic clouteconomic clout

Governments are very large buyers of Governments are very large buyers of advertising: economic cloutadvertising: economic clout

As a consequence, newspapers or media may As a consequence, newspapers or media may resist biting the hand that feeds them… private resist biting the hand that feeds them… private press may self-censor (eg. Resist coverage hostile press may self-censor (eg. Resist coverage hostile to Bush’s invasion of Iraq)to Bush’s invasion of Iraq)

Governments may potentially own/ produce news Governments may potentially own/ produce news agencies (eg. CBC News and Newsworld) which agencies (eg. CBC News and Newsworld) which compete for ad money with the private media compete for ad money with the private media sector– and keep it ‘honest’sector– and keep it ‘honest’

Governments may also potentially regulate Governments may also potentially regulate competition of the industry (eg.News) but have competition of the industry (eg.News) but have not done so in Canadian printed press or have not done so in Canadian printed press or have done so rarely in TV ( Lorimer,p. 47.)done so rarely in TV ( Lorimer,p. 47.)

Regulation during ElectionsRegulation during Elections

Political Advertising is strictly Political Advertising is strictly regulatedregulated– Amount spent is capped: subject to Amount spent is capped: subject to

appealappeal– Proportional to popular vote of partiesProportional to popular vote of parties

Commentary must observe Equal Commentary must observe Equal Time to all parties recognized by the Time to all parties recognized by the Chief Electoral OfficerChief Electoral Officer

Complaints on Political Bias must be Complaints on Political Bias must be heard by Press/Broadcast Councilsheard by Press/Broadcast Councils

Rationale for Regulation of Election Rationale for Regulation of Election Spending and SpeechSpending and Speech

Studies in the US find a direct relationship Studies in the US find a direct relationship between amount spent on a campaign and between amount spent on a campaign and electoral success:electoral success:

Money buys votesMoney buys votes Incumbent politicians have an advantageIncumbent politicians have an advantage Canadian legislation tries to establish a level Canadian legislation tries to establish a level

playing field among challengers and incumbentsplaying field among challengers and incumbents Sets threshold on spending low enough for entrySets threshold on spending low enough for entry Values minority expression ( proportionate to Values minority expression ( proportionate to

votes) and guarantees it a space in commentvotes) and guarantees it a space in comment

ConclusionsConclusions 1. Canada’s legal framework for media aspires to 1. Canada’s legal framework for media aspires to

social responsibility model but is lighter on press social responsibility model but is lighter on press than on broadcastingthan on broadcasting

2. Freedom of Press is not as absolute in Canada 2. Freedom of Press is not as absolute in Canada as in the US: balanced with responsibilitiesas in the US: balanced with responsibilities

3. There are four main avenues for State/ political 3. There are four main avenues for State/ political control/influence over the press during peace time:control/influence over the press during peace time:

4. The largest political effect of such influence is 4. The largest political effect of such influence is ideological– framing for voters what is important or ideological– framing for voters what is important or not in democracynot in democracy

5. The rise of Anti Terrorism legislation has carved 5. The rise of Anti Terrorism legislation has carved out large areas for democratic states to withhold out large areas for democratic states to withhold information, exercise censorship/ in the name of information, exercise censorship/ in the name of democratic propagandademocratic propaganda

SourcesSources

A. Fleras, A. Fleras, Mass Media in CanadaMass Media in Canada. 2003. pp. 90-96.. 2003. pp. 90-96. John Keane, John Keane, Media and DemocracyMedia and Democracy 1991 1991 Paul Nesbitt Larking, Paul Nesbitt Larking, Politics, Society and the Politics, Society and the

Media: Canadian Perspectives Media: Canadian Perspectives 20012001 Samuel V. LaSelva,” Pluralism and Hate: Samuel V. LaSelva,” Pluralism and Hate:

Freedom, Censorship and the Canadian Identity” Freedom, Censorship and the Canadian Identity” in in Interpreting Censorship in Canada, Interpreting Censorship in Canada, K. Petersen K. Petersen and Allan C. Hutchinson. 1999.and Allan C. Hutchinson. 1999.