When Canada’s broadcast regulator embarked on the third and final phase of its consultations on the future of television regulation earlier this year, it left little doubt that a total overhaul was on the table. The Canadian Radio-television and Telecommunications Commission (CRTC) raised the possibility of eliminating longstanding pillars of broadcast regulation by creating mandatory channel choice for consumers, dropping simultaneous substitution and genre protection, as well as allowing virtually any non-Canadian service into the market.
For the growing number of Canadians hooked on Netflix or accustomed to watching their favourite programs whenever they want from the device of their choosing, none of this seems particularly revolutionary. Indeed, policies that reduce options, increase costs, or add regulation run counter to a marketplace in which public choice determines winners and losers.
My weekly technology law column (Toronto Star version, homepage version) notes the CRTC seems to understand that this is a make-or-break moment since policies that worked in a world of scarcity no longer make sense in a marketplace of abundance. Yet the first batch of responses from Canada’s broadcasters, broadcast distributors, and creator community suggests that most see the changing environment as a dire threat to their existence and hope to use regulation to delay future change.
