Old Media v. Social Media: Some Observations ENTERTAINMENT & MEDIA LAW BOOT CAMP #BraveNewWorld: How to Practice Social Media Law. The Law Society of Upper Canada Entertainment & Media Law Symposium 2017 Toronto, Ontario April 26, 2017 Jon Festinger Q.C. Centre for Digital Media; UBC Law; QMUL CCLS; Festinger Law & Strategy http://commlaw.allard.ubc @jonfestinger jon_festinger@thecdm.ca

Some Legal Archeology (Historical Context)

1994 Dagenais v. CBC (SCC – Lamer C.J.) “It should also be noted that recent technological advances have brought with them considerable difficulties for those who seek to enforce bans. The efficacy of bans has been reduced by the growth of interprovincial and international television and radio broadcasts available through cable television, satellite dishes, and shortwave radios. It has also been reduced by the advent of information exchanges available through computer networks. In this global electronic age, meaningfully restricting the flow of information is becoming increasingly difficult. Therefore, the actual effect of bans on jury impartiality is substantially diminishing.”

1995 CRTC new media exemption order

2011 SCC on Hyperlinking

Are all social media decisions (consciously or not).

What’s Changed? (AKA What I never thought about in my first 20 years as a media lawyer.)

We are all international lawyers.

Defamation sting is wider but (much) quicker

Parody is a “thing”

Transformative-ness

Memes?

Personality Rights

Fair dealing/use is ever evolving

“Influencers”

Impact of “EVERYONE IS A CREATOR”

Post-Truth

Unpredictability

Not So Safe Harbor?

The Future (VR)

The Future (AR)

The Future (Weird & Troubling)

Back to the Future?

A MATTER OF PERSPECTIVE

Always include a cat picture

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