Opinion - AER can regulate energy but not the Internet

By Alex McCuaig

If a public organization is broadcasting a public event in a space open to the public on a publicly available transmission medium, it is material in the public realm by any reasonable interpretation of the concept.

In a democracy, and in such circumstances, regulating what’s in the public realm is not generally tolerated by news media.

At least that use to be the case.

On Tuesday and Wednesday, the Alberta Energy Regulator broadcast public hearings on the Grassy Mountain coal mine.

AER broadcast the hearings, held in Pincher Creek, to anyone in the world with an Internet connection.

The hearings heard passionate submissions from Crowsnest Pass business and homeowners, area ranchers and farmers as well as the Indigenous community about the potential impacts of the mine - both positive and negative.

This mine debate has raised concerns from southern Albertans who rely on the potentially impacted headwaters of the South Saskatchewan River. It has stirred debate on the whole issue of coal mining provincially.

Part of the legislation governing the AER hearing process found in the Alberta Energy Regulator Rules of Practice.

Unlike a court proceeding that requires a signed undertaking to view a hearing online which includes a promise expressly stating not to record or broadcast, no conditions were required by AER to access the live footage.

According to the Sec. 25 of the Alberta Energy Regulator Rules of Practice, “all oral hearings and electronic hearings are open to the public.” The section also outlines the conditions where it can restrict full public access or seek an undertaking by interested parties. Neither of those sub-sections were invoked during the Grassy Mountain hearings.

Community TV broadcast that public hearing footage and it’s viewable on the organization’s Facebook page at anyone’s leisure.

Following extensive scrutiny of the provincial energy regulator’s website in search of any authorities which would allow restrictions on third-party broadcasts, none could be found.

Placing restrictions on media coverage of an event taking place in an actual public town square or virtual one - without any justified reasons - should not be tolerated.

Even if AER had such authority, that would only be applicable to AER’s jurisdiction of Alberta and practically – if not legally – unenforceable across the World Wide Web – which was the global public transmission system the regulator freely used to broadcast these hearings.

Hearing chair Parand Meysami stated that broadcasts were “strictly prohibited.” The regulator placed a watermark on the live broadcast stating that, “recording of AER webcasts are prohibited.” Community has received the correspondence requesting the removal of broadcast material AER has labeled “prohibited.”

The simple question Community TV has asked is what gives AER the right to prevent recording and rebroadcast of public material which the regulator themselves have openly posted on the Internet?

So far, AER has yet to cite one legislative authority that would prevent Community TV’s actions.

AER has only stated rebroadcast and recording can’t be done.

That’s not good enough to meet the minimum standards of a free press or the thousands of Albertans who have an interest in this topic or to subvert the Chater rights to freedom of expression.