At Community TV, we take our role in preserving public access to matters of public interest very seriously. Whether it’s local protests, cultural events, or public hearings, our mission is to amplify voices, foster transparency, and document history. This commitment sometimes ruffles feathers, particularly when institutions like the Alberta Energy Regulator (AER) step beyond their “quasi-judicial” comfort zone and stumble headfirst into the ever-expanding digital archive we call the internet.

Recently, the AER took issue with our broadcasts of their public hearings in Pincher Creek, Alberta. Let us be clear: public hearings are public, and any suggestion that they hold intellectual property rights over such material is both legally dubious and laughably overreaching. The AER claims they broadcast these hearings "for the convenience of those who could not attend." That’s a noble sentiment, but when they delete these recordings after the hearings, who’s really being served? (Spoiler: It’s certainly not the public.)

Why This Matters

The stakes here are high. These hearings often involve Indigenous voices, cultural expressions, and critical testimony that cannot be reduced to sterile transcripts. When the AER deletes videos and attempts to suppress independent archiving, they undermine public accountability.

For the AER to claim copyright on these videos is absurd for several reasons:

1. Public Body, Public Interest: The AER, as a public body, is subject to Alberta’s Freedom of Information and Protection of Privacy (FOIP) Act. Public records, including video broadcasts, are inherently in the public domain. If the AER destroys these records, they risk violating FOIP regulations, specifically Section 92, which imposes penalties for willful destruction of records intended to evade public access.

2. No Expectation of Privacy in a Public Forum: Public hearings are, by definition, open to the public. The AER’s claim of protecting attendees' privacy while broadcasting their images and voices on an openly accessible website is the kind of circular logic that would make even Kafka proud.

3. Lack of Transparency: The AER’s own admission that they delete these videos after hearings suggests a troubling disregard for maintaining an accurate and accessible public record. This practice deserves scrutiny, not deference.

Killing Them with Kindness (and Facts)

We understand that the AER may have been caught off-guard by the ferocious diligence of an independent news outlet like ours. But we are here to remind them—and the public—that public access to public information is non-negotiable. Our broadcasts serve to enhance accessibility, not undermine it.

Furthermore, if the AER is concerned about control over their records, they should focus on improving their archival practices rather than stifling independent journalism. After all, once something is on the internet, it’s out there for good. We wouldn’t be surprised if a few Russian and Chinese data-scraping bots already have the footage in question neatly catalogued alongside everything else ever streamed on Canadian public body websites.

Our Commitment

Community TV will not bow to baseless accusations or attempts to censor our work. We will continue to uphold the principles of public access and freedom of the press, regardless of how inconvenient that may be for those in positions of power.

We call on the AER to clarify their policies, archive public records responsibly, and embrace the transparency that a “quasi-judicial” body should embody. Until then, we’ll be here, cameras rolling, pens scribbling, and keyboards clicking.

If the AER wishes to challenge us again, we’re ready. But in the words of a wise raccoon defending its dumpster pizza: This is ours now, and we’re not letting go.

Stay tuned. Stay informed. Stay free.
– Community TV

To: Alberta Energy Regulator (AER), Facebook, and the Public
Subject: Response to AER’s Copyright Claim and Removal of Community TV Content

Date: [Insert Date]

To Whom It May Concern,

I am writing on behalf of Community TV, a respected and independent news organization dedicated to amplifying public discourse, ensuring transparency, and representing underrepresented voices. Recent actions by the Alberta Energy Regulator (AER) to report our coverage of the public hearing in Pincher Creek as a copyright infringement are both baseless and deeply concerning. This letter aims to address the AER’s claims, highlight their lack of legal standing, and assert the fundamental rights of press freedom and public access to information.

1. The Public Nature of AER Hearings

The AER explicitly states on its website that its hearings are “formal court-like processes” designed to gather information on energy projects in a transparent manner. Section 25(1) of the AER Rules of Practice confirms that oral and electronic hearings are open to the public. The broadcast of these hearings on the AER’s website supports this claim, making the proceedings accessible to all.

Given this, the notion that Community TV’s retransmission of this public event infringes on intellectual property is absurd. The webcast, created using public funds, exists to serve the public interest. Denying the press the ability to further disseminate these records directly undermines the principle of accessibility and transparency that underpins the AER’s own mission.

2. Misguided Privacy Concerns

The AER has claimed that their measures to restrict video distribution are intended to protect the privacy of individuals involved in hearings. This claim is unfounded for several reasons:

• Public Accessibility: By broadcasting hearings on an open-access website, the AER has already consented to the public sharing of these proceedings. Any individual who appears in these broadcasts does so with the understanding that their participation is publicly viewable.

• Lack of Privacy Expectation: Participants in public hearings inherently forgo certain privacy expectations. Canadian law recognizes that there is no reasonable expectation of privacy in public spaces, especially in public proceedings.

• Engagement and Trust: Contrary to the AER’s assertions, restricting the dissemination of public hearing footage discourages public engagement and erodes trust in the transparency of regulatory processes.

3. Copyright Claims by a Public Body

The AER, as a publicly funded regulatory body, is subject to the Freedom of Information and Protection of Privacy Act (FOIP). Section 64 of FOIP explicitly mandates the responsible creation, handling, preservation, and accessibility of public records. The AER’s claim of copyright over these materials contradicts its status as a public body and undermines FOIP’s transparency objectives.

Further, Section 92 of FOIP establishes penalties for the destruction or concealment of public records. Graham White’s admission that AER deletes webcast materials after hearings suggests a violation of this provision, raising concerns about the long-term preservation of records crucial to public and historical accountability.

4. Indigenous Representation and Cultural Sensitivity

Indigenous participants at AER hearings often convey critical cultural and emotional expressions that transcripts alone cannot capture. By failing to maintain video records, the AER disregards the need for a comprehensive and accurate historical record of these hearings, which disproportionately disadvantages Indigenous communities.

5. The Role of Community TV

Community TV serves as a vital bridge between public proceedings and broader community awareness. By retransmitting AER’s public hearings, we fulfill the same function the AER claims to prioritize—ensuring accessibility for those unable to attend in person. The AER’s actions to suppress this coverage are antithetical to their stated goals and reflect poorly on their commitment to transparency.

Our Demands

We demand the following actions:

1. Immediate Withdrawal of Copyright Claims: The AER must retract its baseless claims against Community TV and acknowledge our right to share publicly accessible content.

2. Commitment to Record Preservation: The AER must commit to archiving and making available all webcast materials, in compliance with FOIP and the public interest.

3. Public Apology: The AER must issue an apology for undermining press freedom and threatening an independent news organization for fulfilling its journalistic duty.

Conclusion

The AER’s attempts to restrict public access to information are not only legally indefensible but also morally unjustifiable. As a public body, the AER has a duty to uphold transparency and accountability, not suppress it. Community TV will not waver in its commitment to public service journalism, and we will pursue every legal avenue to ensure that public hearings remain accessible to all.

To Facebook: Your platform plays a crucial role in enabling the free flow of information. We urge you to reinstate the removed content immediately and review the validity of copyright claims more critically in the future.

To the Public: This is a fight for more than just one video. It’s a fight for transparency, accountability, and the right to know. Join us in demanding that public institutions remain open to public scrutiny.