Frequently Asked Questions
WHAT IS THE SPFA?
The SPFA, short for Student Press Freedom Act, is Canada's first student journalism protection legislation!
What does the SPFA do?
We would say the SPFA does four things:
clarifies that student journalists enjoy freedom of expression and freedom of the press under the section 2(b) Canadian Charter of Rights and Freedoms in public schools;
prohibits the unnecessary disclosure of confidential journalistic sources;
shields students, teachers, and school officials from retribution for exercising their rights, or refusing to infringe the rights of others; and
provides a forum for access to justice through an appeal process.
Why is the SPFA needed?
BC needs the SPFA to protect students journalists from censorship and undue interference from school officials. Student journalists cover topics relevant and important to their community, often shedding light on unique experiences and issues.
Unfortunately, though, student journalists' freedom of expression and freedom of the press is regularly at risk. Censorship of student media, including newspapers, yearbooks, and other publications is common, and generally for reasons that are arbitrary and unexplainable. That is fundamentally wrong. We believe student journalism, like all journalism, deserves nothing less than the full protection of provincial law. Journalism should be freely practiced and accessible in secondary schools to the same calibre as the rest of society, subject to only specific, narrow, and articulable exceptions.
As for the question of why people should care, the answer is simple. Freedom of expression and freedom of the press inseparable from a healthy democracy. To disenfranchise the over 200,000 public secondary school students in British Columbia on account of their age and preclude them from accessing Charter rights, including the express criticism of their own school system, is unjust. When we allow student journalism to flourish, we make our public education system better and offer tangible appreciation for democracy to our students.
Isn’t students’ freedom of expression and of the press protected by The Charter?
Yes, but we don't know to what extent. Section 2(b) of the Canadian Charter of Rights and Freedoms, part of Canada's constitution, says everyone in Canada has the "freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication." We know the Charter applies to school boards and the discretionary decisions of administrators, but unlike the United States, Canada does not have any case law coming from the Supreme Court guiding our understanding of how students' freedom of expression and freedom of the press work in the context of a school. The SPFA will help clear that up.
[COMING SOON] Find more in-depth discussion about free expression in schools here.