Blog

Goal

To reverse the Canadian Radio-television and Telecommunications Commission’s (CRTC) order to ban simultaneous substitution (simsub) for the Super Bowl.

The Issue

The CRTC issued an order to ban simultaneous substitution during the Super Bowl, which went into effect on February 5, 2017. The decision could have caused both irreparable harm to the foundation of the Canadian broadcasting system, and negative economic impact to businesses wanting to access the broad reach that advertising during the sporting event affords.

Actions

In 2016, the CRTC passed a special directive banning simultaneous substitution for The Superbowl in Canada. The ACA made multiple interventions in concert with legal advances from Bell Media and the National Football League (NFL), prior to the ban on February 5, 2017.

We then intervened in the Federal Court of Appeal case between NFL/Bell Media and the Attorney General of Canada in 2017. This was a key step in ensuring marketers were represented in this case. Disappointingly, Federal Court dismissed the appeal, but the Supreme Court of Canada agreed to hear the case.

Outcome

As an outcome of ACA’s actions, the Supreme Court of Canada ruled in our favour on December 19, 2019, quashing the CRTC simsub order for the annual Super Bowl broadcast. Advertisers are once again be able to showcase their Canadian commercials during the Super Bowl.

For more information on this issue, contact Judy Davey, Vice-President, Media Policies and Marketing Capabilities, at 416-964-3805 ext. 1008 / 1-800-565-0109.