MONTREAL – Could Vidéotron be forced to refund cash to its TV subscribers for failing to give them proper community access television?
A grassroots community TV group that got the CRTC to declare Videotron’s MAtv community channel non-compliant with regulations has filed a class action lawsuit against the company on behalf of all subscribers in the greater Montreal area. The group is seeking a refund of part of the two per cent of gross revenues that are redirected to MAtv for greater Montreal over the past three years (roughly $4 total per subscriber), plus moral and punitive damages of $2 million, plus unspecified damages for charter of rights violations, because they say MAtv does not adequately represent minority communities.
Bruno Grenier, the lawyer in a green suit and bow tie who’s representing the group and its designated plaintiff André Desrochers, says he’s unaware of a similar class action happening elsewhere in Canada, and we’re not either. However, the motion requesting approval for a class action is serious, and has CRTC policies and decisions as its exhibits.
In February, the Commission found Videotron in non-compliance with its community television obligations. It acted on a complaint by Independent Community Television (ICTV), a group made up of activists, independent producers and others who want to see the community TV channel run by the community and not Vidéotron, and propose to replace MAtv with its own grassroots service.
While the Commission’s decision was a victory for ICTV, it gave Videotron a chance to come into compliance, rather than accepting ICTV’s proposal to take MAtv’s money and do their own thing. It’s ICTV which is now suing Vidéotron seeking compensation.
The law firm Grenier Verbauwhede Avocats has experience dealing with CRTC-regulated companies. Last year, it won class action judgments against Bell and Telus over charges for text messages, although those decisions are being appealed.
At a press conference this morning, Grenier said he’s unaware of a similar class action being brought against a broadcaster for failing to meet regulatory requirements. “It is, I think, the first time this has been tried,” he said. For Grenier, the case is simple: Vidéotron’s contract with subscribers implicitly includes a commitment to abide by its licence, and it failed to comply with its licence obligations. “They did not offer the service required,” he said.
“MAtv is a community channel and its programming has always revolved around the interests of the local communities it serves.” – Vidéotron
Vidéotron says that’s nonsense. “MAtv is a community channel and its programming has always revolved around the interests of the local communities it serves,” the company said in a brief statement. “Vidéotron therefore rejects the claims on which a motion for authorization to institute a class action announced today are based."
The company probably also won’t appreciate a suggestion made at the press conference by ICTV board member Lorraine Guay that the CRTC may have shown a certain “favouritism” toward Videotron. She insisted through a nervous grin that this was a “possibility” that must be considered.
Amir Khadir, the outspoken provincial legislator of the left-wing Québec solidaire party, welcomed the news of the lawsuit, issuing a statement saying it “raises extremely troublesome questions” and that “Videotron has failed in its responsibilities.”
The statement included a not-very-subtle dig at Parti Quebecois leader Pierre Karl Péladeau, who is both the controlling shareholder of Vidéotron parent Quebecor and political adversary. “I invite my colleagues of the National Assembly, and particularly the leader of the official opposition, Pierre Karl Péladeau, to reflect on the place of community television in the context of media convergence,” Khadir’s statement read.
Meanwhile, Vidéotron has until August, when its licence is supposed to be reviewed for renewal, to come into compliance with its programming.
It has established an advisory board, as required by the Commission in February, and has announced it will add English-language programming to the channel this fall. ICTV expressed concern, however, that MAtv’s talk of new programming in September means it will not meet the CRTC’s deadline.
You can read the lawsuit here.
