Blackout (broadcasting)

In broadcasting, the term blackout refers to the non-airing of television or radio programming in a certain media market.

It is particularly prevalent in the broadcasting of sports events, although other television or radio programs may be blacked out as well. Most blackout policies serve to protect local broadcasters (primarily regional sports networks) from competition by "out-of-market" networks that carry different teams, by only allowing viewers to watch non-national telecasts of teams within their designated markets (with television providers blacking out regional telecasts of teams that are outside of their market; in turn, encouraging viewers to purchase subscription-based out-of-market sports packages), and by allowing teams to black out national telecasts of games that are also being shown by a local broadcaster. By contrast, the blackout policies of the National Football League serve to encourage attendance to games instead—by only allowing them to be broadcast on television in a team's designated market if a certain percentage of their tickets are sold prior to the game.

Perhaps the most notable non-sports-related blackout in television was the blackout of Canadian federal election coverage. Because there are six time zones across Canada, polls close in different parts of the country at different times. Section 329 of the Canada Elections Act outlawed disseminating election results from other ridings in constituencies where polls were still open, ostensibly to prevent the results from the East from influencing voters in western ridings

However, in the federal election in 2000, Paul Charles Bryan published results from Atlantic Canada online despite being told not to by the authorities. Bryan was charged before the Provincial Court of British Columbia, but fought the charges as unconstitutional under section 2 of the Canadian Charter of Rights and Freedoms, which protects freedom of expression and freedom of association. Bryan's victory before the British Columbia Supreme Court meant that voters in British Columbia and the rest of Canada legally learned of election results in other ridings during the federal election in 2004. However, Elections Canada appealed, and Bryan lost his case before the British Columbia Court of Appeal. Bryan further appealed to the Supreme Court of Canada, but in a ruling made on March 15, 2007 (R. v. Bryan), in a 5-4 ruling, the Court ruled that Section 329 of the Canada Elections Act is constitutional and justified under section 1 of the Canadian Charter of Rights and Freedoms. Stephen Harper, who later became Prime Minister, labelled Elections Canada "jackasses" and tried to raise money for Bryan. The Canadian Broadcasting Corporation also supported Bryan, hoping to "make election night a bigger event that it already is."

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