A bylaw before Nanaimo City Council that would impose restrictions on the use of audio and video recordings during any meeting is being deferred for further consideration.
It would also include provisions associated with delegations, inappropriate behaviour, and signage in council.
Councillor Hilary Eastmure asked council for the deferral of the fourth reading of the bylaw until councillor Paul Manly’s motion to amend the bylaw to include an accreditation process is debated, saying not delaying the process could cost the city.
She says implementing the bylaw now could have legal consequences.
“I am concerned that this could be an infringement on freedom of the press,” she says. “I am also afraid we could face a legal challenge as a result of these amendments, which could cost us unnecessary time and money.
“If we don’t have an explicit exemption for media at the time of adoption this could be seen as an infringement under the Charter of Rights and Freedoms, and I think leaving it up to the chair on a case-by-case basis is inappropriate.”
Manly’s motion will be addressed at the next council meeting and according to Eastmure it will give the media the ability to exercise their rights and perform their job without worry of repercussion.
“This will provide a process for accredited journalists, and independent journalists to ensure they have the ability to come and record at a meeting without seeking permission from the chair,” she says.
She says looking at how media is changing and not adapting to the change by just putting forward a bylaw restricting media could be decremental to the city.
“We have a changing media landscape, we don’t have the same large media outlets and we have independent journalists who may not be considered traditional accredited journalists,” she says. “Regardless, it’s still very important for them to do their jobs.
“If we leave it up to the chair, that leaves a lot of room for the chair to decide who is a journalist and who isn’t.”
Councillor Erin Hemmens says the city already has a bylaw in place for media during council meetings, and right now it would be up to the discretion of the chair, and depending on the duration of when Manly’s motion is brought forward she’s ok with leaving everything the way it is.
“I think councillor Manly is asking for an amendment to the bylaw, so we can pass it tonight as is,” she says. “We have a process for media in place, so they can still bring in recording devices, they just need to receive approval from the mayor. Which is a bit of a grey area.
“If this is a matter of five weeks before we see this again then I’m ok with media having to come and ask permission.”
Manly expressed his support for the deferral saying before this bylaw is adopted, the city should make sure all measures are considered.
“It’s important we get the bylaw right,” he says. “I think we should consider the amendment before we adopt.”
The motion to defer was approved with only mayor Leonard Krog in opposition to deferring.
