Mr. Speaker, I thank the hon. member. She touched on some very important concerns raised by the bill. I agree that the inconvenience caused by this kind of advertising is significant and will become more significant. However, I question whether the Criminal Code is the appropriate instrument to deal with this nuisance. Basically that is what it is, a costly nuisance. Ought we as legislators to be creating a criminal offence out of what basically is a nuisance? I do not think we should be.
If this matter is going to be dealt with, it ought to be dealt with under the Communications Act. That is the proper area where we should be looking at restricting this kind of advertising, if that is the wish of Canadians.
For the information of those who are watching this debate I would like to read exactly what the bill states. It is very clearly covered in clause 1:
Every one who sends to a person or organization through a telephone network an unrequested facsimile communication advertising for sale any goods or service is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding two hundred dollars.
We saw what happened when the government attempted to curtail the advertising of cigarettes and tobacco products. From my understanding that was turned back because it violated freedom of speech and so on. Would this fall into that category as well? It may or may not, but it is certainly a question that would have to be addressed.
How would this affect advertising? Would this apply to the Internet as well where there is no costly intervention? As the hon. member who is sponsoring the bill pointed out, reams and reams of paper are consumed by those who are not interested in this kind of advertising. What about the Internet? It seems that it may in many ways be replacing the fax machine. Would this apply to the Internet? According to my understanding of what I just read in the bill it would.
We have to ask whether businesses are willing and prepared to create a negative attitude toward their product by antagonizing those very people they are contacting by advertising their goods and services. Are they willing to do that? In other words, are the pressures of the free market system not adequate to keep this thing from getting too far out of hand, the whole idea of seeing reams and reams of advertising they want nothing to do with on the fax machine in the morning?
Eventually there is going to be a backlash to this if it gets beyond a certain point. The advertisers will see that it is harming their product and the image and the profile of their company. Ought we not leave this kind of matter in the hands of the consumers who, when they are fed up with this kind of thing, will surely let the sponsors of the advertising know where they stand on it?
What about the benefit? Surely there has to be some benefit derived from this kind of advertising, otherwise they would not be doing it. Should we deny the people who are receiving some benefit from this advertising by introducing this legislation?
I do not have much more to say about the bill. The hon. member from the government side covered it very adequately. I can dispense with my concern about it falling into the area of the Criminal Code. The bill should come under the Communications Act.
We should let the market forces deal with this kind of issue. If we as legislators are to look at this kind of practice, it should not be criminalized. Simply sending advertising over the telephone lines should not be a criminal offence. If it is to be prohibited at all, it ought to be done under the Communications Act.