Facebook en français s’il vous plaît?

[Ed.’s (me) note – this post has been updated at the bottom to reflect new developments in the story]

Hoo boy, I do not want to write this post. If there is one thing that scares me it’s wading into the language wars in Québec. I love this province; it’s been my home for all my life, I speak and work in French, I have francophone friends, and we all get along thanks to our shared love of soft runny cheeses, alcohol and nos Habitants (not necessarily in that order). So I don’t like rocking the boat, ya know? But we’ve got ourselves a legitimate internet law question here which I must chronicle. And possibly a legitimate legal debate between lawyers! So ‘stie calice de tabernac, let’s do this.

If you have avoided the news and social media over the last five days, you may not know what I’m talking about. Here’s the scoop. Eva Cooper runs a boutique clothing store in Chelsea, Quebec called Delilah {in the Parc}. The store’s Facebook page has posts that are in English for the most part. Cue the Office québecois de la langue française (OQLF). After receiving a complaint from someone in the public, the OQLF sent Ms. Cooper a letter telling her that her Facebook page must be in French, because it was in violation of the Charter of the French Language (aka Bill 101).

Huh?

Yup, that happened. Pundits were quick to react. There was outcry, there was debate. But what about the law? Well, that’s why I’m here, goddammit.

On Friday, I was contacted by Yahoo! News to comment on the issue. Here’s what I said. In case you don’t want to click over, I was pretty explicit – yes, in my very humble legal opinion, it is conceivable that the OQLF is right. Do I think that is politically right or just another dumb fucking move like Pasta-gate that will continue to put the Québec economy in the tank and make us the laughingstock of North America? No comment.

Today I read another article where another lawyer said bullshit – “the Quebec government can’t regulate Facebook because it is fleeting, free communication.” I know that lawyer (Michael Bergman) and respect him tremendously. He is brilliant and has accomplished more in his career than I ever will. But respectfully, I may have to disagree. Why? Well, as I said, let’s go to the law.

The French Language Charter is pretty clear when it comes to advertising in this province. It stems from article 52, which reads as follows:

Catalogues, brochures, folders, commercial directories and any similar publications must be drawn up in French.

You know me, I always bold the important parts. “Any similar publications” has already been held to include websites, which are, in essence, online “brochures”. This is settled law. I said as much in a CTV interview I gave just last month when the issue came up in another context. There is no debate on that question – companies with establishments in Québec must have French (or bilingual) websites.

Now, do you make the jump and say that a business’s Facebook page is the same as a normal website that advertises the business? I say probably. Look at the Delilah page again. It has contact information, messages about opening hours, pictures of new products and clothing lines available at the store. The purpose of the page is to drive people to the store to buy clothes. If that ain’t advertising, I don’t know what is.

Now, I of course am a modern, hep, internet plugged-in dude. Where does advertising end and “fleeting communications” begin? Fucked if I know. All I know is there are LOTS of companies who now eschew traditional websites and just set up a Facebook company page instead. This boutique is clearly one of those. So if they are using their Facebook page as their website, well, hmm, QED?

But where should it end? Should the advertising in French rules apply to Twitter? Well, that seems like more “fleeting communications” to me. Mr. Bergman says “Social media is far from advertising, it’s an interactive dialogue”. I agree with that, but imho a company Facebook page is still advertising. But what about Pinterest? Google+ (if anyone used it)? Should the French rules apply to any number of other social media sites? Hell, what about to blogs? (/looks around). Uh oh.

These are questions that have not yet seen the inside of a Quebec courtroom. And they are going to have to be, sooner or later.

POST-SCRIPT

As I was checking the links in my draft of this post, I was looking at the OQLF website. I visit the site quite often, because I use their “Grand dictionnaire” which is very useful. Alas, there is a new message on the home page which I just noticed. It reads (in part):

Qu’il s’agisse d’une publicité commerciale imprimée ou diffusée sur un site Internet ou sur les médias sociaux, les entreprises établies au Québec doivent permettre aux consommateurs québécois d’obtenir de l’information en français sur leurs produits et services.

(my translation: Whether it is commercial advertising that is printed or on an internet site or on social media, companies with establishments in Québec must allow Québec consumers to get information about their products and services in French)

That whole message is new. That part about social media is very new. I am sure it was written since this whole thing happened. The most recent Wayback Machine snapshot of the site (Febuary 14, 2014) does not have that same homepage message. The OQLF PR spin machine is at work. In light of this modified home page, my feeling about the law has not necessarily changed, but my feeling about the whole situation is, uh, no comment.

POST-SCRIPT UPDATE! (Tuesday March 4th 8:30 A.M.)

We have a compromise! Reports are coming in that Ms. Cooper and the OQLF have reached a detente of sorts. The store will be allowed to post English content, but French has to be there too. The CBC link says:

A spokesperson for the OQLF told CBC that Facebook posts advertising the business must include French, but that Cooper can continue to post in English if the conversation is of a social nature.

So this to me is vindication? As I argued above, the advertising has to be in French. However, it is good to see the OQLF recognize the “social” nature of social media. I am impressed they were able to see the distinction. It’s an important precedent, I think. Of course, the new message I mentioned in the post-script is still on the OQLF website, unchanged. Hmmm.

Anyway, please continue to comment on this blog, so it will always be considered a conversation of a social nature.

POST-SCRIPT UPDATE UPDATE (5 P.M. Tuesday)

Had the pleasure of being on CJAD in Montreal today, discussing the issue and taking callers’ questions! Here’s the link to listen. Enjoy. Or not.