5. (1) A licensee shall not broadcast
(a) anything in contravention of the law;
(b) any abusive comment or abusive pictorial representation that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability;
(c) any obscene or profane language or pictorial representation; or
(d) any false or misleading news.
(1.1) For the purposes of paragraph (1)(b), sexual orientation does not include the orientation towards any sexual act or activity that would constitute an offence under the Criminal Code.
(2) For the purposes of paragraph (1)(c), material is obscene if it has as a dominant characteristic the undue exploitation of sex or the combination of sexual content with one or more of the following subjects, namely, crime, horror, cruelty and violence.
- SOR/91-587, s. 1;
- SOR/94-220, s. 3;
- SOR/2011-147, s. 3.
6. (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if
(a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;
(b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and
(c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.
(2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.
- SOR/93-208, s. 1;
- SOR/95-452, s. 1;
- SOR/97-100, s. 2.
(a) the script of the commercial message or endorsement has been approved by the Minister of Health to indicate, to the extent that it is possible to do so on the basis of a script, that a commercial message or an endorsement conforming to the approved script would comply with the applicable provisions, administered by that Minister, of the Food and Drugs Act, the Controlled Drugs and Substances Act and regulations made pursuant to those Acts or to the Department of Health Act; and
(b) the script bears the script number assigned to it by that Minister.
(2) Before January 1, 1999, when a licensee broadcasts a commercial message or an endorsement referred to in subsection (1), the licensee shall keep a record of the script for a period of one year after the date of the broadcast, which record shall contain
(a) the name of the device to which the script relates;
(b) the name of the sponsor or advertising agency that submitted the script for approval; and
(c) the script number referred to in paragraph (1)(b).
(3) A licensee shall provide the record required by subsection (2) to the Commission or to an inspector designated pursuant to the Food and Drugs Act, acting on behalf of the Commission, where the Commission or the inspector so requests for the purpose of audit or examination.
(4) The approval of the script of a commercial message or an endorsement referred to in subsection (1) does not indicate that the commercial message or endorsement complies with the applicable legislation.
- SOR/92-615, s. 1;
- SOR/93-208, s. 2;
- SOR/97-290, s. 2.
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