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MediaCulture

It's Not Enough to Have Free Speech

By James H. Ewert Jr., In These Times. Posted May 2, 2008.


When Adbusters found its spoof ads banned by the corporate media, the question of the right to communicate came into play.
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Kalle Lasn is a fighter for the right to communicate. A privilege, says the founder of Adbusters magazine, that goes one step farther than the freedom of speech.

"You can stand on the corner and shout at people as they are going by," Lasn says. "But if a handful of corporations have media in their pocket, they can totally hoodwink the public."

From his home in Vancouver, Lasn himself communicates to the masses on the pages of Adbusters -- a 10-year-old culture-jamming magazine published through the Adbusters Media Foundation.

On Feb. 18, the Supreme Court of British Columbia dismissed a case that Lasn brought forth, which argued that Canadian TV conglomerate CanWest Global was obligated, under the Canadian Broadcasting Act, to sell television advertising time to Adbusters.

The court's dismissal reiterated the rulings of North American courts that have found private TV broadcasters under no obligation to allow the public access to public airwaves.

"This case goes right to the very heart of democracy -- [about] who has a voice and who doesn't," Lasn says.

Of the major broadcasters, only CNN has aired Adbusters' "Buy Nothing Day" commercials (or "subvertisements") that tell people not to go shopping the Friday after Thanksgiving.

One of the subvertisements mocks Calvin Klein's black-and-white underwear ads. This 30-second parody concludes with an ultra-slim model replaced by a more normally proportioned woman bent over a toilet as if giving into a bulimic impulse. "Why are nine out of 10 women dissatisfied with some aspect of their own bodies?" the narrator asks blankly. "The beauty industry is the beast."

(The rejected ads, along with the tape-recorded refusals from major media organizations, are available at http://www.adbusters.org.)

Lasn first filed his suit in 1995, after the Canadian Broadcasting Corporation (CBC) terminated an advertising contract when the automobile industry complained about an Adbusters anti-car ad. The Supreme Court of Canada, however, chose not to hear the case.

In 2004, following a string of CanWest refusals to air any of Adbusters' 30-second TV parodies that ridiculed the forestry, fast food, pharmaceutical and high fashion industries, Lasn filed suit against the corporation, which owns three major daily newspapers and a majority of TV stations in Vancouver.

"We just want this high-minded, legal right to walk into a television station and buy airtime under the same rules and conditions as advertising agencies do," Lasn says.

Adbusters is considering an appeal to the Supreme Court of Canada -- again.

"We're not just trying to win a legal battle," Lasn says. "We're trying to create a sort of media literacy lesson for all the people in North America to show the fact that there is no democracy on the public airwaves."

"It's pretty ridiculous that a nonprofit, public interest group can't buy advertising on the public airwaves," says Steve Anderson, coordinator of the nonprofit Canadian Campaign for Democratic Media. "What's interesting is that the CBC, specifically, wouldn't allow this, because the CBC, unlike PBS [in the United States], runs advertisements."


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unreceivedogma
Posted by: unreceivedogma on May 2, 2008 3:00 PM   
Current rating: 5    [1 = poor; 5 = excellent]
for more on this topic, see Lebron v NRPC (Amtrak):

http://www.law.cornell.edu/supct/html/93-1525.ZO.html

http://www.luerzersarchive.us/workinarchive.asp?person=7531

in a decision pursuant to argument after remand to the 2nd circuit for a ruling on the public forum doctrine, Judge Newman said that "[Lebron v NRPC (Amtrak)]...stands the first amendment on its head", an outcome that was built into the very design of the ad (a political statement masquerading as a commercial riposte) if the law was mis-applied; see Lebron v. National Railroad passenger corp. (Amtrak): Another misapplication of the public forum doctrine
findarticles.com/p/articles/mi_qa3735/is_199607/ai_n8747704

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

ad busters won't condemn capitalism
Posted by: wleming on May 2, 2008 4:57 PM   
Current rating: 2    [1 = poor; 5 = excellent]
Ad Busters wants to clean up corporate media advertising... while refraining from a criticism of the capitalism that drives it.
The victim has typhoid but refuses to treat the water.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

So Canada's Out- heard Sweden has some Freedoms left
Posted by: Purple Girl on May 3, 2008 4:03 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Is there No country for Old Mankind?
Our constitution has been ripped from our hands and gift wrapped and given to the Corps.
We 'cling' to our gods & guns because they are the only two rightsa nd freedoms they have been unable to Pry from our Cold Dead hands."Bitter" is an understatment- we are Pissed!!!
Corps have bastardized the Free Market, Free Speech and Free Press, while cloaked in our flag and Dancing & spitting on our Ancestors graves. God Damn America INC, You have contaminated everything You touch!
Since we can't even run to the border- then I guess we'll have to stay and Start the 2nd American Revolution. We broke free of oppression once We can do it again. Oh Yes We Can!!!!

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Back in th USSR
Posted by: mike_burns on May 5, 2008 9:13 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
We are becomming the mirror of the old Soviet Union. If we are going to live like a Soviet state, then it is time for the benefits.
If not, we will become like Nazi Germany. Take your pick. They both destroyed themselves with war. I'll be glad when we finally go bust, and sanity can reign again. Maybe we can blame the whole thing on Mormons. Round them up, cowboy!

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