1. 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
@jonfestinger

2. Some Legal Archeology (Historical Context)

3. 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.”

4. 1995 CRTC new media exemption order

5. 2011 SCC on Hyperlinking

6. Are all social media decisions (consciously or not).

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

8. We are all international lawyers.

10. Defamation sting is wider but (much) quicker

11. Parody is a “thing”

12. Transformative-ness

13. Memes?

14. Personality Rights

15. Fair dealing/use is ever evolving

16. “Influencers”

17. Impact of “EVERYONE IS A CREATOR”

18. Post-Truth

19. Unpredictability

20. Not So Safe Harbor?

22. The Future (VR)

23. The Future (AR)

24. The Future (Weird & Troubling)

25. Back to the Future?

26. A MATTER OF PERSPECTIVE

28. Always include a cat picture

29. Our Academic Partners