From time to time the Ontario Press Council receives complaints from individuals or businesses whose advertising has been rejected by a newspaper for one reason or another. Sometimes it's a matter of taste, at other times it may be the newspaper's belief that the proffered ad is misleading or even potentially libellous.

A 1979 decision of the Supreme Court of Canada upheld the right of a newspaper to turn down types of advertising that it chooses not to accept. The pertinent paragraphs in the judgment were:

"The service which is customarily available to the public in the case of a newspaper which accepts advertising is a service subject to the right of the newspaper to control the content of such advertising.

"In the case of a newspaper, the nature and scope of the service which it offers, including advertising services, is determined by the newspaper itself."

The decision was in line with the result of a study of advertising in 1975 by the Press Council's general purpose committee which concluded that the right of the publisher to determine acceptability of advertising “cannot be challenged.”

The Press Council may nevertheless choose to adjudicate a complaint involving a newspaper's refusal to accept an ad when there is a question whether the paper has acted fairly or when it may have violated its own guidelines.

For example, a 1985 adjudication said in part: "A publisher has the discretion to determine the acceptability of any advertisement, providing that it has a policy for doing so which it applies consistently."

The Press Council favours considerable freedom for advocacy advertising. A 1988 adjudication said: "The Council's stated policy is that it believes it is appropriate for newspapers to exercise wide latitude in expressing their opinions, no matter how controversial or unpopular the opinions may be. It further believes it is only fair to extend such latitude to individuals who may wish to exercise it through advertising, provided it does not generate hatred against another group."

The Council believes that ads published in type that makes them look like ordinary news items should be clearly labeled as advertising. It also believes that sponsors of advocacy ads should be identified in a form that will leave readers in no doubt who they are.

Unlike federal law, there is no restriction on third-party advertisements under Ontario legislation. The Election Finances Act says:

"During a campaign period, political advertising may be carried on only by a registered political party, constituency association or candidate or by any person, corporation, or trade union acting with or without the knowledge and consent of the political party, constituency association or candidate."

The act adds:

"All political printed advertising, handbills, placards, posters and broadcast or telecast advertisements shall bear or make reference to the name of the registered constituency association, registered political party, person, corporation or trade union authorizing the political advertising."

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