Court rules against Bell in bid to overturn ban on U.S. ads airing during Super Bowl

Canadians TV watchers may get to see those U.S. advertisements that air during the Super Bowlafter all, following a recent court decision.

The Federal Court of Appeal ruled Friday in favour of a Canadian Radio-television and Telecommunications Commission move to ban thereplacingU.S. ads withCanadian ones during thebroadcastof the game, a practice dubbed simultaneous substitution.

The CRTC signalledback in January 2015 that it would allowsimultaneous substitution, or simsub,to continue generally, but it would be bannedon all specialty channels, and during the Super Bowl beginning with the2017 match.

• CRTC to allow U.S. Super Bowl commercials starting in 2017

CRTCchair Jean-Pierre Blais said back then that viewers indicated they disliked simsub.

"They tell the CRTC and we receive many complaints that they want to see the newest American commercials as and when they are broadcast," Blais said. "And they rightly resent the fact that simsub is often mistimed, causing viewers to miss, for example, key plays during a big game."

Bell appealed the broadcast regulator's move,and the NFL joined in as an intervener.

Bell argued that the policy change wouldmean ad revenue losses for Canadian media that had paid for Super Bowl broadcast rights. Bell Media has the exclusive Canadian broadcast rights to the Super Bowl until the 2018-2019 season.

On August 19 of this year, following the court hearing on Bell's appeal,the CRTCissued a formal order blocking simsub.

In last week's decision, which waswritten by Justice Yves deMontigny, with JusticeJohanneGauthierand Justice RichardBoivinin agreement, the court ruled againstBell's appeal "on the basis of it being premature" because it was made before the regulator issued its formal order.

The court said it was aware of the August 2016 formal order from the CRTC but commented that it "ought not to express any views as to its legality."

Bell has indicated it will appeal the court'sruling in short order, saying that the company, the NFL and Canadian advertisers need clarity well in advance of the game.