Randal Marlin
Page 59
9/5/13 4:52 PM
a nuclear weapons capability. The report is nuanced and suggests, but does not provide, solid proof of an intention to develop nuclear weapons. The IAEA is an autono-
mous agency and not part of the United Nations, but it was created by treaty between
many nations and reports regularly to the UN General Assembly and to the Security
Council. This agency had credibility when Mohamed El Baradei was in charge, but
Robert Parry of Consortium News has noted, based on WikiLeaks revelations, its
politicization under its new director general, Japanese diplomat Yukiya Amano.130
Some scepticism would seem to be in order, but as if in a repeat of the Iraq situation,
the mainstream press has treated the IAEA information uncritically.
notes
1
2 Ian Brownlie, ed., Basic Documents in International Law, 2nd ed. (Oxford: Clarendon Press, 1972) 170, 194, 195, 210–11.
3 Canada, The Charter of Rights and Freedoms: A Guide for Canadians (Ottawa: Minister of Supply and Services Canada, 1982) 33.
4 Supreme Court of Canada, R. v. Keegstra, [1990] 3 S.C.R., 714. Subsequent quotations in the text are taken from this source, hereinafter referred to as Keegstra.
5 Beauharnais v. Illinois, 343 US 250.
6 Collin v. Smith, 578 F.2d 1197 (7th cir. 1978) certiori denied 439 US 916 (1978). The quoted passage is from page 1199.
7 He refers among other things to obscenity rulings in commercial speech cases such as Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico, 478 US 328 (1926), and T. Alexander Aleinikoff, “Constitutional Law in the Age of Balancing,” Yale Law Journal 943, no. 96 (1987): 966–68.
8 R. v. Keegstra 748. Dickson’s direct reference is to Canada, Special Committee on Hate Propaganda in Canada Report (Ottawa: Queen’s Printer 1966) 59; indirectly to Beauharnais 304.
9 R. v. Keegstra 777.
10 Wayne Sumner, “Hate Propaganda and Charter Rights,” in Free Expression, ed. W.J. Waluchow (Oxford: Clarendon Press, 1994) 172.
11 Wayne Sumner, The Hateful and the Obscene (Toronto: University of Toronto Press, 2004) 200.
12 As an example of the difficulty of assessing consequences of legal proceedings on public opinion, the Ernst Zundel case, discussed above, might be cited. It was widely believed, following the first trial of Zundel and the accompanying parade of Holocaust-sceptical testimony, that the publicity actually encouraged anti-Semitism. But as Gabriel Weimann and Conrad Winn argue in Hate on Trial: The Zundel Case, the Media and Public Opinion in Canada, (Toronto: Mosaic Press, 1986) on the basis of opinion pol ing results, there is good reason to question that belief.
13 Phillip Nelson, “Advertising and Ethics,” Ethics, Free Enterprise, and Public Policy, ed. Richard T. de George and Joseph A. Pichler (New York: Oxford University Press, 1978) 187–98.
14 Burton Leiser, “The Ethics of Advertising,” in de George and Pichler, Ethics, Free Enterprise, and Public Policy 173–86.
15 Leiser 182.
16 Upton Sinclair, The Jungle (New York: Doubleday, Page & Co., 1906; repr. New York: Penguin Books, 2006).
17 Packard.
18 Ralph Nader, Unsafe at Any Speed: The Designed-In Dangers of The American Automobile (New York: Grossman Publishers, 1965).
19 The word “consumerism” has two very different meanings. One relates to conspicuous or excessive consumption. The other is the sense used here, namely, active concern for quality, safety, and economy in the goods available to consumers on the market.
CHAPTER 7: THE QUESTIon oF ConTRoLS 301
BV-Propaganda-Interior-04.indd 301
9/5/13 4:52 PM
20 This is described in detail by James Ridgeway in “The Dick,” The New Republic, March 12, 1966: 11–13.
21
22 Canada, Competition Bureau Canada, “Enforcement Guidelines, ‘Product of Canada’ and ‘Made in Canada’
Claims,” December 22, 2009,
My summary here is intended to highlight aspects of the law for philosophical purposes and does not pretend to be comprehensive or legally authoritative for those seeking advice.
23 Canada, Competition Bureau Canada, “List of Updated Publications and Guidance Documents,” October 4, 2011,
24 The details are usefully recounted in Jack Levin, Power Ethics (New York: Alfred A. Knopf, 1931).
25
26 The complete act is available online at
27 FTC Policy Statement on Deception, addressed to the Hon. John D. Dingell, Chairman, Committee on Energy and Commerce, US House of Representatives (October 14, 1983) 2.
28 Richard v. Time Inc., 2012 SCC 8.
29 The Guardian, October 24, 2008.
30 Canada, Competition Bureau Canada, “Application of the Competition Act to Representations on the Internet,” 2009,
31 Canada, Competition Bureau Canada, “Application of the Competition Act.”
32 FTC Policy Statement on Deception, 1 and 2.
33 Canada, Department of Consumer and Corporate Affairs, Misleading Advertising Bulletin 2, January-March 1989: 3.
34
35 See
36 See
37 Rachel Larabie-Lesieur, with Roy Jackson, “Notes,” Misleading Advertising Bulletin 2 (Ottawa: Industry Canada, Competition Bureau, 1996) 5, 6.
38 Larabie-Lesieur 7.
39 The toll-free number, 1–800–348–5358, was still in service in May 2012. A website has replaced the Misleading Advertising Bulletin. It is viewable through the Competition Bureau’s site,
competitionbureau.gc.ca> from which the legislation, news releases, and other information can be downloaded.
40 Michael Trebilcock et al., Study on Consumer Misleading and Unfair Trade Practices: Proposed Policy Directions for the Reform of the Regulation of Unfair Trade Practices in Canada (Ottawa: Information Canada, for the Department of Consumer and Corporate Affairs, 1976). Quotations below are taken from this study.
41 Trebilcock et al.
42 Trebilcock et al.
43 From a brochure, “Canadian Advertising Foundation: Advertising Self-Regulation Activities,” provided by the CAF around 1995.
44 Linda Nagel, Advertising Standards Canada Communiqué 1, no. 1 (September 1997): 3.
45 Keith McKerracher, President, Institute of Canadian Advertising, in testimony to the Royal Commission on Newspapers (n.p.) Transcript 6129.
46
47 RJR-MacDonald Inc. v. Canada (Attorney General) [1995] 3 S.C.R., 199. Further quoted passages referring to this decision and found in the text come from this source.
48 This section and the previous chapter have incorporated and adapted portions of a study I did for Health and Welfare Canada: “Freedom of Expression, Bill C-51, and the Canadian Charter of Rights and Freedoms,”
March 1989. I am grateful to Health and Welfare Canada for their support of that project.
49 Canada (Attorney General) v. JTI-Macdonald Corp. [2007] 2 S.C.R. 610, 2007 SCC 30. The case can be accessed at
50
302 PROPAGANDA AND THE ETHICS OF PERSUASION
BV-Propaganda-Interior-04.indd 302<
br />
9/5/13 4:52 PM
51 Sharad G. Vaidya, U.D. Naik, and Jayant S. Vaidya, “Effects of Sports Sponsorship by Tobacco Companies on Children’s Experimentation with Tobacco,” BMJ (British Medical Journal) August 17, 1996,
bmj.com/content/313/7054/400>.
52 U.S. Commission on Freedom of the Press, A Free and Responsible Press (Chicago: University of Chicago Press, 1947) 126. Quotation appears in italics in the original. Quotations below from 128, 129.
53 Zechariah Chafee Jr., Government and Mass Communications: A Report from the Commission on Freedom of the Press, Vol. II (Chicago: University of Chicago Press, 1947) 475. Further references to this work are taken from this edition and will be indicated by GMC and page number bracketed in the text below. Vol. II begins with page 471.
54 J. Grant Glassco, Royal Commission on Government Organization (Ottawa: Queen’s Printer, 1962).
55 Igor Sergeievich Gouzenko defected from the Soviet Embassy in Ottawa in September 1945 with documents proving to Canadian authorities that there was a Soviet spy ring in Canada.
56 Canada, Royal Commission on Newspapers, Report (Ottawa: Supply and Services Canada, 1981) 231.
Hereafter known as the Kent Report.
57 Kent Report 243.
58 Kent Report transcripts 4135, 4262, 4264.
59 Kent Report 237–38.
60 Kent Report 246 (italics in the original).
61 Canadian Daily Newspaper Publishers Association (CDNA), 1977. A copy is reprinted in the Kent Report.
62 CDNA, “Statement of Principles.” No date appears on the one-page statement itself. At the bottom, the statement appears: “Adopted by the Canadian Daily Newspaper Association in 1977, revised in 1995.” A news release announcing the change was issued by the CDNA on October 4, 1995. It announces the addition of two new clauses, “Community Responsibility” and “Respect,” but is silent about the change in wording from
“avoided” to “declared.” The CDNA, now renamed the Canadian Newspaper Association, has its Statement of Principles online at
63 Perrin Beatty, “Freedom of Press at Stake,” Globe and Mail, February 4, 1982.
64 Jim Fleming, Minister of Education, public announcement, May 25, 1982 in connection with a draft bill that met with Cabinet approval but did not reach Parliament.
65 As an example, consider his remark about his purchase of Saturday Night, a widely circulating monthly magazine: “it would be useful at the least in neutralizing or rallying opinion in the rather conformist Canlit fraternity.” A Life in Progress, 385.
66 Bertrand Marotte and Ingrid Peritz, “Gazette Publisher Steps Down,” Globe and Mail, September 1, 2001.
67 See the Globe and Mail, August 19, 2010.
68 See “Sun Media Ditches Press Council, Citing Issues with ‘Political Correctness,’” Toronto Star July 13, 2011.
69 David Pritchard, “The Role of Press Councils in a System of Media Accountability: The Case of Quebec,”
Canadian Journal of Communication
70 Robert G. Elgie, Chair, Ontario Press Council, 35th Annual Report (2008), covering 1972–2007, 6.
71 Ontario Press Council (OPC), “Preamble to the constitution,” February 14, 2002,
com/about/council_constitution.asp>; used with permission. It appears also in the annual reports, which can be found on this website and which are cited in quotes below. The current preamble has not changed since 1989.
72 OPC Constitution, rev. 1998.
73 OPC, Policy Statement, 24th Annual Report (1996) 18.
74 OPC, “How to Complain,” 24th Annual Report (1996) 35.
75 Quoted in Giuliano O. Tolusso’s, “The Ontario Press Council: Challenges of a Second Decade,” honours research project, School of Journalism, Carleton University (1983) 9. At the time Davidson Dunton was a senior fellow of the Institute of Canadian Studies at Carleton.
76 Sherri Barron, “Journalists to Investigate Actions of Press Councils,” Ottawa Citizen, February 27, 1984: 4.
77 OPC, 26th Annual Report (1998) 75.
78 Figures are taken from OPC 35th Annual Report (2008) 63; OPC 10th Annual Report (1982) 52.
79 See, for example, complaints detailed in OPC News releases on October 29, 1998; January 17, 1998; November 4, 1996; and March 20, 1998; and in OPC, Annual Report (1992) 30–32 and (1993) 26–29.
80
81 Jay Walz, “A Press Council Set Up in Ontario,” New York Times, August 20, 1972: 23.
CHAPTER 7: THE QUESTIon oF ConTRoLS 303
BV-Propaganda-Interior-04.indd 303
9/5/13 4:52 PM
82 Globe and Mail, April 25, 1972.
83 Willard Z. Estey, “The Chairman’s Foreword,” OPC, 18th Annual Report (1990) 2, 3.
84 Stone.
85 Hans Classen, a long-time information officer with the Canadian Department of Energy, Mines, and Resources, told of elaborate preparations made for a media event, following the return to Halifax of a scientific research vessel that wintered in the Arctic. The publicity was scheduled around the return of the ship into Halifax harbour. Unfortunately, the event clashed with the start of the six-day war between Egypt and Israel, and the event was pushed off the pages of the media! (Personal interview, tape-recorded in Ottawa, 1979.)
86 Wall Street Journal, August 25, 1996; Washington Post, October 2, 1996; Ponting.
87 Bruce Cheadle, “Harper Cites Civic Pride in Defending ‘Economic Action Plan’ Ads,” Globe and Mail, May 7, 2013,
88 Comments about the WIB are taken from a very interesting manuscript by William R. Young, “Mobilizing English Canada for War: The Bureau of Public Information, the Wartime Information Board, and a View of the Nation During the Second War” (n.p., n.d.).
89 Canada, Royal Commission on Government Organization, Report, Vol. 3 (Ottawa: The Queen’s Printer, 1962) 62. Following references are from this source and will appear as GR and page number bracketed in the text.
90 A fact he revealed to me in a taped interview in Bordeaux in 1979–80, when he was Canadian Ambassador to France.
91 Gérard Pelletier, La crise d’octobre (Montréal: Éditions du Jour, 1971) 43. The more lengthy passage is as follows: “Dans cette perspective, il est urgent que l’Etat mette concrêtement à la disposition de certains groupes défavorisés les moyens techniques de faire entendre leur cause et d’exposer leurs idées. C’est chose faite dans un certain nombre de secteurs. Mais, comme le soulignait un homme politique anglais, le citoyen ordinaire, qui vit dans un monde où la technologie des communications est extraordinairement développée, se retrouve malgré tout seul dans la rue, comme il y a cent ans, le jour où il veut dire aux autres des choses qui sont importantes pour lui. Alors qu’il est assailli vingt-quatre heures par jour par la presse écrite, la radio et la télévision, il n’a souvent pas d’autre moyen d’expression que la pancarte au bout d’un baton, comme en 1850” (Footnote omitted).
92 Canada, Task Force on Government Information, To Know and to Be Known, Vol. 2 (Ottawa: The Queen’s Printer, August 29, 1969). Further references are from this source and will be indicated in the text by TK and page number in the text below.
93 D.F. Wall, “The Provision of Government Information” (Ottawa, mimeographed paper, 1974). Further references are from this source and will be indicated in the text by WR.
94 Canada, Senate Committee on Privileges, Standing Rules and Orders, Proceedings 4: Evidence (Ottawa: December 7, 1999) 6;
In the event, Dr. Chopra testified he was persuaded that Senate rules protected his submission and that he spoke freely before the Committee on Agriculture.
95 Sydney Freifeld’s remarks were
delivered in an annual guest lecture given in my “Truth and Propaganda”
course at Carleton University in the 1980s.
96 The Somalia affair relates to, among other things, the torture and murder of a Somali teenager by Canadian airborne soldiers in 1993. An inquiry in 1994–95 widely publicized the existence of a culture of racism and brutality among the soldiers. See Canada, Somalia Commission of Inquiry Report (Ottawa: Public Works and Government Services Canada, 1997);
97 “Pamphlets From PQ Cause Fuss,” Ottawa Citizen, October 15, 1981.
98 W.A. Wilson, Ottawa Journal, August 20, 1980.
99 Charles Lynch, Ottawa Citizen, October 10, 1980; Ottawa Citizen, January 8, 1987.
100 Ottawa Citizen, September 4, 1980.
101 Department of Employment and Immigration Canada, personal communication from David McConnell, Advertising Services, Public Affairs Division, n.d.
102 For an example, see Globe and Mail, November 16, 1981; September 2, 1982.
103 Moncton Times, July 8, 1982.
104 Montreal Gazette, February 21, 1983; Globe and Mail, April 21, 1983.
304 PROPAGANDA AND THE ETHICS OF PERSUASION
BV-Propaganda-Interior-04.indd 304
9/5/13 4:52 PM
105 Le Devoir, February 28, 1999; Montreal Gazette, February 27, 1999.
106 “Bewildered Journalism Students Wonder Why They Were Sent For,” Globe and Mail, January 28, 1984; Ottawa Citizen, January 10, 1984.
107 J. William Fulbright, The Pentagon Propaganda Machine (New York: Random House-Vintage, 1971) 7–9.
108 Herbert Gray, Globe and Mail, March 19, 1991.
109 Kingston Whig-Standard, March 23, 1985.
110 Canadian Press, Globe and Mail, May 19, 1986; editorial, Globe and Mail, May 21, 1986; Tom Crowther,
“Daily Papers Would Reject Government Ad Deal, Publisher Says,” Ottawa Citizen, May 23, 1986; editorial, Globe and Mail, May 27, 1986.
111 “Ontario Health Ads Tell Selective Truths,” Ottawa Citizen, January 25, 1995; National Post, February 27, 1999.
112 The present writer joined with Tom Adams of Energy Probe in registering a formal complaint with ASC.
A letter to the editor, for publication, and to the publisher of the Globe and Mail was also sent. The text of both documents can be seen on