The Limitations of Regulatory Oversight on Online Video

Discussion in this paper focuses on the factors, attributes, and elements of telecom and broadcast regulation in Canada. Part I of this study briefly outlines the history of online video regulation in Canada to date. In Part II speculation as to how online video might be regulated, based on prior decisions of the CRTC, is presented. Part III considers the challenges of applying the Broadcasting Act to new media entities in order to create a regulatory framework for online video. Part IV looks at judicial decisions related to broadcast law that may be used to define the nature of the service, and therefore limit the application of the Broadcasting Act to specific types of technology. Part V examines the legal justification for the regu- lation of broadcast and telecommunications in Canada, as well as in other countries with similar regulatory frameworks, such as the United States. Finally, Part VI presents various legal difficulties for justifying the regulation of online video as a broadcast entity