Archive for March, 2021

Wrong Direction by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/2g4TPYt

Wrong Direction: Months After Bill C-10 is Tabled, Canadian Heritage Releases Draft Policy Direction Still Short on Details

Months after its introduction, it is fair to say that Bill C-10, the broadcasting reform bill, has not been the government’s finest performance. Canadian Heritage Minister Steven Guilbeault has made claims about the economic benefits that his own department is unable to support, made inaccurate statements about the inclusion of economic thresholds and news in the bill in the House of Commons, and misleadingly compared his plans to the policies in Europe.

From a substantive perspective, even supporters have acknowledged that the bill eliminates the policy objective of Canadian ownership of the broadcasting system (Canadian Heritage officials have offered easily debunked talking points about the issue), drops the prioritization of Canadian performers, fails to address concerns about intellectual property ownership, and punts so many issues to the CRTC that it will take years for any new money to enter the system. If that were not enough, there is the failed process, including fast-tracking the bill to committee before completing second reading and the prospect of a constitutional challenge. Not to be forgotten is the astonishing secrecy: decreased Parliamentary oversight of policy directions and the need for MPs to demand access to basic documents such as costing estimates and draft policy directions that were withheld by Guilbeault and his department.

Read more ›

March 12, 2021 20 comments News
Deeplink by Dirk Vorderstraße (CC BY-NC 2.0) https://flic.kr/p/A3ZMGM

The Key Takeaway From Steven Guilbeault’s Facebook Use: Linking Should Not Require a Licence

My post yesterday on Canadian Heritage Minister Steven Guilbeault’s Facebook use generated considerable attention as many noted the obvious inconsistencies for a Minister that has described linking to news stories on social media sites without payment as immoral, while at the same time actively linking to news stories on his own Facebook feed. While it is difficult to set aside the uploaded broadcaster videos without referral links (which raise thorny copyright issues for someone who shares responsibility for copyright law) and the thousands spent advertising on Facebook (given that Guilbeault has called for reduced digital ad spending), I think the key takeaway comes from his linking to news stories at a number of leading Canadian sources.

Read more ›

March 10, 2021 4 comments News
Guilbeault Facebook Ad https://www.facebook.com/ads/library/?active_status=all&ad_type=political_and_issue_ads&country=CA&view_all_page_id=270094633001228

Do As I Say, Not As I Do: Heritage Minister Steven Guilbeault’s Curious Use of Facebook

Canadian Heritage Minister Steven Guilbeault yesterday told the House of Commons Heritage Committee that his department would reduce the amount it allocates to digital advertising, arguing that too much goes to online platforms and that “we need to change this.” The decision to politicize where the government spends its ad dollars is perhaps unsurprising given Guilbeault’s penchant for battling with the tech companies, dating back to his claims that linking to news articles without payment is “immoral.” Leaving aside the question of whether taxpayer funded advertising campaigns should prioritize effectiveness and value for money (personally, I’d prefer that the government emphasize the effectiveness of ad campaigns on issues like COVID-19 vaccination and safe social distancing practices over political posturing even if that means advertising on digital platforms), the reality of Guilbeault’s own Facebook practices do not match up with his rhetoric.

Read more ›

March 9, 2021 6 comments News
UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, speaks at the side event on "the misuse of anti-terrorism laws in Africa" on June 16 by Maina Kiai https://flic.kr/p/uPXDgD (CC BY 2.0)

The Law Bytes Podcast, Episode 79: David Kaye on the Challenges of Reconciling Freedom of Expression and the Regulation of Online Harms

Canadian Heritage Minister Steven Guilbeault is expected to soon introduce new legislation designed to address online harms through increased regulation. Reports indicate that the bill will target five categories of illegal content: hate speech, terrorist content, content that incites violence, child sexual exploitative content and non-consensual sharing of intimate content. The details will matter, however, as failure to ensure due process for content removal and strict limits on scope will raise constitutionality concerns.

David Kaye is a clinical professor of law at the University of California, Irvine, and served as the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression from 2014 until 2020. He joins the Law Bytes podcast to discuss the challenges associated with balancing regulation and preserving freedom of expression online, the policy considerations that governments should be thinking about, and the risks that arise from getting the balance wrong.

Read more ›

March 8, 2021 1 comment Podcasts
Ministras L. Linkevičius Vilniuje susitiko su Kanados užsienio reikalų ministru Francois-Philippe Champagne by Lithuanian Ministry of Foreign Affairs (CC BY-NC-ND 2.0) https://flic.kr/p/2jVXYEK

Misplaced Priorities: Why Has Canada’s Privacy Bill Disappeared from the Government’s Legislative Agenda?

Last November, then Innovation, Science and Economic Development Minister Navdeep Bains introduced Bill C-11, long overdue privacy reform. The bill appeared to be a top government priority, with Prime Minister Justin Trudeau emphasizing that the new law would give Canadians more control over how companies handle their personal information. While the bill isn’t perfect – I wrote posts on some of the benefits and concerns – there was no debating that it represented an important step forward in modernizing Canada’s privacy law.

Yet months after the bill was introduced, it is seemingly going nowhere.

Read more ›

March 3, 2021 6 comments News