Facebook exempt from Quebec's French language law, lawyer says

Quebec's language law does not have jurisdiction over social media because it's intended to start conversations and not promote or sell products, according to a Montreal-based lawyer.

Eva Cooper owns a womens boutique clothing store with locations in Ottawas Glebe neighbourhood, as well as in Chelsea, Que., just north of Gatineau.

• LISTEN | Legal take:Facebook and Quebec language law
• Quebec store owner ordered to change Facebook page to French
• Quebec defends English Facebook page for N.Y. office
• CBCNews.ca readers mock Quebec's Facebook language complaint

She offers customer service in French and English and her store features signs and promotional materials that are bilingual.

But theFacebook page for Coopers business, Delilah {in theParc}, features only English content. A customer recently complained to Quebecs French language office and Cooper received a letter ordering her to translate the page, or she could face a fine.

Lawyer Michael Bergman, who specializes in constitutional and human rights issues, told CBC Radios Ottawa Morning the Quebec government cant regulate Facebook because it is fleeting, free communication.

Bergman believes this could become a human rights issue.

The language charter was enacted before social media existed and, for that matter, before the internet was popular," Bergman said.

"(The French language office) is expanding into the cyber sphere an ancient concept, so to speak, of traditional advertising. Social media is far from advertising, it's an interactive dialogue."

Bergman also said thelaw does not stipulate all advertising must be in French and it specifically mentions just paper items such ascatalogues, pamphletsor brochures.

The law in question is Quebecs Bill 101, which Bergman said has never been challenged in court.

The reason I joined Facebook in the first place - I didnt do a website - was because it was a way to communicate, she told CBC News.

Facebook anadvertising tool

But the provincial language office argues Facebook is more than just a conversation.

When its used for commercial publication, or commercial advertising, then it has to be written in French, said Jean-Pierre LeBlanc, a language office spokesman. More and more we see businesses using social media to advertise, to sell products. This is where the law comes in.

• Quebec's language law: Bill 101

On Thursday, social media users agreed with Cooper and expressed their opinions on, you guessed it, Facebook and Twitter.

Cooper has benefited from this story, in a way. Her Facebook page has been liked more than 5,200 times since her story was aired on CBC News late Wednesday night.