My prior posts on the foundational faults in Bill C-11 focused on the virtually limitless reach of the CRTC’s jurisdictional power over audio-visual services and the risks of treating all audio-visual content as a “program” subject to potential regulation. This post – the first of two on the subject – explains why the discoverability rules that purport to better promote Canadian content are a flawed solution in search of problem that will actually make things worse for Canadian creators.

The discoverability provision, which grants the CRTC the power to establish discoverability requirements as a condition on Internet services, states at Section 9.1(1):

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