Marginal note:Non-application — programs on social media service

• 4.1 (1) This Act does not apply in respect of a program that is uploaded to an online undertaking that provides a social media service by a user of the service for transmission over the Internet and reception by other users of the service.

• Marginal note:Application — certain programs

  (2) Despite subsection (1), this Act applies in respect of a program that is uploaded as described in that subsection if the program

  • (a) is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them; or

  • (b) is prescribed by regulations made under section 4.2.

• Marginal note:Non-application — social media service

  (3) This Act does not apply in respect of online undertakings whose broadcasting consists only of programs in respect of which this Act does not apply under this section.

• Marginal note:For greater certainty

  (4) For greater certainty, this section does not exclude the application of this Act in respect of a program that, except for the fact that it is not uploaded as described in subsection (1), is the same as a program in respect of which this Act does not apply under this section.

Marginal note:Regulations — programs to which this Act applies

• 4.2 (1) For the purposes of paragraph 4.1(2)(b), the Commission may make regulations prescribing programs in respect of which this Act applies, in a manner that is consistent with freedom of expression.

• Marginal note:Matters

  (2) In making regulations under subsection (1), the Commission shall consider the following matters:

  • (a) the extent to which a program, uploaded to an online undertaking that provides a social media service, directly or indirectly generates revenues;

  • (b) the fact that such a program has been broadcast, in whole or in part, by a broadcasting undertaking that

    • (i) is required to be carried on under a licence, or

    • (ii) is required to be registered with the Commission but does not provide a social media service; and

  • (c) the fact that such a program has been assigned a unique identifier under an international standards system.

• Marginal note:Exclusion

  (3) The regulations shall not prescribe a program

  • (a) in respect of which neither the user of a social media service who uploads the program nor the owner or licensee of copyright in the program receives revenues; or

  • (b) that consists only of visual images.