Live streaming has rapidly evolved from a niche hobby to a
mainstream form of entertainment, with platforms like Instagram,
Twitch, TikTok, Kick, Reddit, Discord, and YouTube Live at the
forefront. Whether you’re a content creator, business, or
influencer, live streaming offers an exciting way to engage with an
audience in real time. However, while it’s easy to focus on the
creative and interactive aspects, live streaming comes with its own
set of legal considerations that must be understood to ensure
you’re operating within Canadian law. Here are some key legal
factors to keep in mind when live streaming content in Canada:
1. Copyright and Intellectual Property
One of the most important legal issues for live streamers is
ensuring that the content you broadcast does not infringe copyright
laws. Under Canadian law, the Copyright
Act protects original works, including music, videos,
and images, and you must have the right to use any copyrighted
material in your stream.
Music: If you’re playing music during a
stream, make sure you have the necessary licenses. Platforms like
Twitch and Instagram may remove streams or issue takedown notices
for music played without permission.
Third-Party Content: Similarly, if you’re
incorporating video clips, images, or other materials created by
others, you must obtain permission or ensure that the content is
under a license that allows use in your stream. Fair dealing
provisions (such as criticism, review, or education) may apply in
certain contexts, but they are generally limited.
Takeaway:
To reduce the potential of copyright issues, either create your
own content, use royalty-free resources, or obtain proper written
licenses. Many platforms offer tools or libraries of licensed
music, so consider utilizing these options.
2. Terms of Service and Platform Regulations
Each live streaming platform has its own terms of service and
community guidelines, which you must follow to avoid the potential
of being banned or facing legal action for not following such
rules. For example:
Twitch Terms of Service: Twitch has a strict
set of rules regarding user behavior and prohibited content.
Violations can result in account suspension or permanent bans.
Instagram and Facebook Policies: Instagram,
owned by Meta, also has community standards that prohibit explicit
content, harassment, and the spread of misinformation.
Takeaway:
Always read and familiarize yourself with the platform’s
terms of service and community guidelines. Violating these rules
can result in the removal of content, suspension, or even legal
consequences.
3. Defamation and Harmful Content
Canadian law prohibits the publication of defamatory content,
which includes live broadcasts. Defamation occurs when false
statements about an individual or organization are made that damage
their reputation. When live streaming, we suggest that you do the
following:
Avoid Defamation: Be careful not to make
defamatory statements about others during your stream, even in a
casual or offhand manner. Defamation laws apply whether you’re
speaking or broadcasting.
Avoid Hate Speech and Harassment: Platforms
like Twitch and Instagram prohibit content that promotes hate
speech, harassment, or violence. Live streamers must be aware that
content promoting discrimination based on race, gender, religion,
or sexual orientation can result in legal consequences and platform
bans.
Takeaway:
Focus on creating positive, respectful content and be cautious
about making comments or sharing information that could harm
someone’s reputation or breach anti-hate speech laws.
4. Advertising and Sponsorship Disclosures
If you have sponsors or you’re running advertisements during
your live stream, Canadian law mandates transparency. The
Competition Act requires that all
advertisements, promotions, or endorsements be truthful and not
misleading. Additionally, the Broadcasting
Act regulations apply if you’re streaming content
that qualifies as a broadcast.
Endorsements and Sponsorships: When you
feature products or mention a brand, disclose any relationships or
sponsorships. This includes clear labeling if you are being paid to
promote products or services.
Native Advertising: If you’re being paid
to promote a product in a way that isn’t overtly labeled as an
advertisement, ensure that it’s clear to viewers that the
content is sponsored.
Takeaway:
Disclose any paid sponsorships or endorsements transparently and
comply with all advertising standards.
5. Tax Implications
Lastly, live streaming can generate income, including through
donations, sponsorships, ads, or selling products. Any income
generated from live streaming is subject to Canadian federal and
provincial tax laws.
Income Tax: If you earn money from streaming,
whether as a business or an individual, you must report it as
income to the Canada Revenue Agency (CRA). This
includes money made from ads, affiliate marketing, and
donations.
GST/HST: Depending on your income level and
the nature of your business, you may be required to collect and
remit GST/HST.
Takeaway:
Keep track of your income and expenses related to streaming and
consult with a tax professional to ensure you comply with Canadian
tax regulations.
Conclusion
Live streaming can be an exciting and profitable venture, but it
also comes with significant legal responsibilities. By
understanding and adhering to Canadian laws around copyright,
privacy, defamation, platform policies, advertising, consumer
protection, and taxes, you can increase the likelihood that your
content remains compliant and avoids potential legal issues. Stay
informed, stay transparent, and most importantly, stay respectful
of your audience and the individuals you interact with during your
livestreams.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.