(a) a corporation that holds a television, specialty or pay-television broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission;

1. Each Member State may take measures in accordance with Community law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events by live coverage or deferred coverage on free television.

Further, the majority of these companies raised this money entirely in Canada without needing to look for foreign investment, which is authorized to a maximum of 33.33% for parent companies and 20% for licence holders (0910) Ms. Annie Piérard (President, Société des auteurs de radio, télévision et cinéma): The general principle of diversity underlies the Broadcasting Act and Regulations.

Secondly, it should be recalled that positive Community law makes an important distinction [68] between "television broadcasting" services, which concern television programmes intended for the reception by the public, and "information society services" supplied on individual demand.

During the revision of the Directive in 1997, an Article 3 bis was introduced allowing Member States to take measures, in accordance with Community law, to ensure that television broadcasting bodies within their jurisdiction do not broadcast events judged to be of major importance to society on an exclusive basis which denies a significant part of the public the possibility of following these events, live or pre-recorded, free of charge.

(18) Information society services span a wide range of economic activities which take place on-line; these activities can, in particular, consist of selling goods on-line; activities such as the delivery of goods as such or the provision of services off-line are not covered; information society services are not solely restricted to services giving rise to on-line contracting but also, in so far as they represent an economic activity, extend to services which are not remunerated by those who receive them, such as those offering on-line information or commercial communications, or those providing tools allowing for search, access and re ...[+++]trieval of data; information society services also include services consisting of the transmission of information via a communication network, in providing access to a communication network or in hosting information provided by a recipient of the service; television broadcasting within the meaning of Directive EEC/89/552 and radio broadcasting are not information society services because they are not provided at individual request; by contrast, services which are transmitted point to point, such as video-on-demand or the provision of commercial communications by electronic mail are information society services; the use of electronic mail or equivalent individual communications for instance by natural persons acting outside their trade, business or profession including their use for the conclusion of contracts between such persons is not an information society service; the contractual relationship between an employee and his employer is not an information society service; activities which by their very nature cannot be carried out at a distance and by electronic means, such as the statutory auditing of company accounts or medical advice requiring the physical examination of a patient are not information society services.