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Telco Company Claims Freedom of Speech Includes Misleading Ads

An anonymous reader writes "Rogers Telecommunications is claiming that a ruling by Canada's Competition Bureau violates Rogers' freedom of speech. The company is in court over a 2010 ad campaign where it claimed that its discount brand 'Chatr' was more reliable and suffered fewer dropped calls than the competition. The Competition Bureau found 'no discernible difference in dropped-call rates between Rogers/Chatr and new entrants' and began legal proceedings against Rogers for violating Canada's Competition Act. The Bureau is seeking a $10 million (CDN) fine, an end to the ad campaign, and for Rogers to issue a corrective notice."

23 of 244 comments (clear)

  1. Corporations are people? by Stormthirst · · Score: 3, Interesting

    I realize Rogers is a Canadian company, so the parallels aren't quite right, but how do the Americans feel this would have played out in the States given Citizens United?

    1. Re:Corporations are people? by Anonymous Coward · · Score: 5, Informative

      C.U. didn't establish the "corporations are people" thing, that was a much older case. C.U. just extended it to electioneering.

      We still have laws against deceptive advertising, although of course those don't apply to politicians. I guess in Freem'Arkhet's ideal system (the anarchocapitalist "libertarian" utopia that I see people call for here) we'd allow the company to advertise whatever they want and the end consumer (invariably the lowest-information actor in the system) would have the responsibility to figure out what was and wasn't bullshit, but we aren't quite there yet.

    2. Re:Corporations are people? by lorenlal · · Score: 3, Insightful

      It wouldn't have even played. There would be no action taken. If they really wanted to lock it up, the company would just sponsor a "study" to "prove" whatever they wanted.

    3. Re:Corporations are people? by MickyTheIdiot · · Score: 5, Informative

      To extend what AC said here, Corporate Personhood has a very long and sorted history in the U.S. It is considered a precedent by the court, but the way that it became a precedent was through a court clerk inserting a footnote. The history is important and it's something that people should know about. Wikipedia has a good reference here: http://en.wikipedia.org/wiki/Corporate_personhood and the books it references explain the history very well.

      One thing is clear: the founders and never wanted corporations to have too much power. They had direct knowledge of companies with too much power did through their experiences with the East India Company.

    4. Re:Corporations are people? by RatPh!nk · · Score: 4, Informative

      Corporate Personhood has a very long and sorted history in the U.S.

      Promise I am not being a jerk, but it is sordid. I completely agree with the rest of the story. :)

      --
      Argh. The laws of science be a harsh mistress.
    5. Re:Corporations are people? by dkleinsc · · Score: 4, Funny

      You misunderstood - he's just announcing that the history is in chronological order.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    6. Re:Corporations are people? by dywolf · · Score: 5, Interesting

      Corporate Personhood was not a footnote inserted by some clerk.

      Corporate Personhood (CP from here in) is essentially just another in the long line of Unintended Consequences.

      Specifically the claim was made that the contract was with the corporation, not the individuals behind it, and since a corporation was not a person, it could not be sued. Thus when they failed to meet the contractual obligations (and get sued for breach) the person wronged was left without any method of redress. CP was a method of holding corporations accountable, and forcing them to fulfil contracts. It was actually fought by many corporations initially.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    7. Re:Corporations are people? by mcgrew · · Score: 4, Interesting

      We still have laws against deceptive advertising

      Yes, but those laws are easy to work around. Take the auto industry's past slogans:
      Chevy: like a rock! (damned thing won't start)
      Ford: quality is job#1! (they have their work cut out for them)
      Plymouth: we build excitement! (brakes, steering, and handling suck)

      Notice that American advertisers seldom actually sell the product on its merits. "Sell the sizzle, not the steak."

      Look at the Partnership for a Drug Free America. They formerly stated flat out that marijuana causes cancer until a study proved that not only does it not cause cancer, but prevents cancer in tobacco smokers. So they changed it to "marijuana contains carcinogens" which the average person who hasn't heard of the study will take to mean "marijuana causes cancer." Why note that a substance contains carcinogens when it's been proven not to cause cancer?

    8. Re:Corporations are people? by hazah · · Score: 4, Insightful

      Because honour, honesty, and integrity has nothing to do with it.

    9. Re:Corporations are people? by LSDelirious · · Score: 4, Interesting

      Corporations are not people, they are just property that can own other property! The 13th amendment outlawed slavery, i.e. The buying and selling of people as property, so therefore if a corporation can be bought and sold then they are NOT a person!

      --
      Slavery is the legal fiction that a person is property; A Corporation is the legal fiction that property is a person.
  2. Freedom of responsibility. by Forty+Two+Tenfold · · Score: 3, Insightful

    You can say anything you want. Just have the balls to suffer the consequences. That's why I don't post unpopular opinions anonymously.

    --
    Upward mobility is a slippery slope - the higher you climb the more you show your ass.
  3. Chatr = anti competition "crime" by Maow · · Score: 4, Insightful

    I thought the founding of Chatr, the 2nd subsidiary of Rogers, located only in major metropolises where Wind Mobile & Mobilicity operated was an anti-competitive "crime".

    They'd had years of operation prior in which they could've set up such a company, or better yet offered better prices, but no - wait until there's some real competition then try to steal their potential customers (I say steal because they noticeably did not use the Rogers name as so many people are / were disgusted with them and looking for someone else to do business with).

    Anyway, fuck Rogers, as soon as 35.5 months of my 36 month contract were up, I ported to Wind (Rogers tried to charge me early termination even though I was paying for that 36th month - I refused to pay).

    Now I get unlimited North America wide talk, unlimited global SMS, voice mail, call display, conference calling, and unlimited internet (throttled after 5 Gb/m) with tethering ... for $40/m. Yeah, fuck you Rogers. (And no, I have no affiliation with Wind other than customer.)

  4. Freedom of speech? by xmundt · · Score: 5, Insightful

    Greetings and Salutations;
              I have to point out that "freedom of speech" is not absolute. It does not absolve the speaker from having to take responsibility for their words, nor, is it license to lie without consequences. This has been ruled upon a number of times by the Supreme Court here in the US. I have to say that this is one area where I agree with the Justices (although there are plenty of other areas where we disagree). The way that truth in advertising has become as rare as an Emu these days is a terrible thing and should not be tolerated. If your marketing people are so incompetent that lying about one's competition is the only way they can find a way to show that your company is a better choice, either you need to hire better people, or, admit that they have a point, and, shut down your company, since it obviously is worthless.
              Pleasant dreams.
            Dave Mundt

    --
    YAB - http://blog.beemandave.com/
  5. Re:Hope Rogers loses by aurizon · · Score: 3, Informative

    Rogers is the epitome of crass, lying corporate greed. Day by day, in every way, they drive their customers away, unless they are your monopoly provider - feel the screw, see your life's blood drain away.
    They are the corporate equivalent of King George, who so enraged the 13 original colonies that they felt compelled to invite him to tea.

    Now, That's a good idea - immerse Rogers in boiling water - but drink nothing...

  6. Fraud Vs. Freedom by Darkness404 · · Score: 3, Insightful

    There is a difference between fraud (lies used to gain a sale) and free speech. Whether this specific instance counts as fraud is questionable (every business is going to say their product is the "best" and every consumer knows, or should know that).

    --
    Taxation is legalized theft, no more, no less.
  7. Re:Hope Rogers loses by JasterBobaMereel · · Score: 3, Informative

    Right attitude wrong analogy

    1) King George (III) did not mandate taxes in the colonies, the monarchy was already a pretty powerless figurehead, Parliament mandated the taxes

    2) The tax changes that caused the Boston Tea Party were a subsidy paid to the East India Company ...this meant that the price of Tea was lower, and the Tea thrown into the Sea was cheap tea that would have flooded the market and made the Luxury commodity of Tea suddenly very cheap, the only people who would lose out were Tea Smugglers, and Non East India company merchants

    The real thing most of the 13 colonies were complaining about was taxation (at all) without representation - Not any particular tax, this tax change was just the flashpoint

    --
    Puteulanus fenestra mortis
  8. Re:this actually makes sense by Hatta · · Score: 3, Informative

    in that a person can lie, and this is protected speech

    A lie is protected speech. A lie for profit is fraud.

    --
    Give me Classic Slashdot or give me death!
  9. Lie - but accept the consequences, by AlecC · · Score: 3, Interesting

    While I can accept that freedom of speech includes the freedom to lie, it includes the duty to accept the consequences of lying.

    So I would say that anybody who made a purchase based on a premeditated lie should be able to request not only a refund of anything paid but punitive damages. It should refund all customers who bought the lied about product, say, three times the amount they paid plus allowance for disruption and time wasted.

    --
    Consciousness is an illusion caused by an excess of self consciousness.
  10. Argh, Summary is wrong: Freedom of EXPRESSION by Lieutenant_Dan · · Score: 3, Informative

    Not Speech!! Like everyone pointed out, that's an American thing. Canada's charter of rights has "Freedom of Expression".

    Now, Rogers is still bonkers and this should not apply to a corporation.

    Come on Editors, at least read the first paragraph of the linked CBC article.

    --
    Wearing pants should always be optional.
  11. Pre-CU, corporatism was already very strong by Burz · · Score: 3, Informative

    FOX News had won the 'right' to knowingly lie in news broadcasts. The court case involved reporters who were told to lie about rBGH hormone in the production of milk; when they refused to lie on Monsanto's behalf, they were fired.

    http://foxnewsboycott.com/resources/fox-can-lie-lawsuit/

  12. Re:this actually makes sense by m.ducharme · · Score: 4, Insightful

    Not all speech is protected, and there is a strong argument that the particular speech in question amounts to fraud, which is definitely not protected constitutionally, in Canada or the US.

    --
    Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
  13. Re:Hope Rogers loses by dryeo · · Score: 3, Informative

    The other thing that King George did was declare that all his subjects were equal including the North American Natives and that the American colonists were to stop stealing their land and expanding to the east.
    As a good number of the founding fathers were land speculators, and common people wanted their own land, this was a large motivation for the revolt.
    Another motivation that isn't talked about much was the capture of Quebec in IIRC 1763 and subsequently the expanding of rights for Roman Catholics including allowing them in government. England had been very anti-Catholic, the Bill of Rights of 1689 only allowed non-Catholics to bear arms and it still illegal for the Royal Family to marry a Catholic.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  14. Is it just me... by alaffin · · Score: 3, Insightful

    ...or does this not seem like the perfect opportunity for the competition to hoist Rogers by their own petard? I mean really - free speech? Then what's to stop me from telling the world about how Rogers phones emit a high powered form of ionizing radiation that causes impotence in males? That Rogers internet service will infect your computer with malware. That Alan Horn (Chairman) is an accused paedophile and that Nadir Mohammed (CEO) is terrorist?

    I mean it's all free speech right?