Archive for June, 2022

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The Law Bytes Podcast, Episode 130: In Their Own Words – What the Canadian Heritage Committee Heard About Bill C-11 Harms

The debate over Bill C-11 – the Online Streaming Act – seems likely to come to an end this week, at least in the House of Commons. Last week, the government introduced a motion to put an end to committee debate and set tight timelines for any further review or discussion. Before it becomes forgotten, this week’s Law Bytes podcast is devoted to the House committee hearings on the bill with clips from a wide range of digital creators, interest groups, and independent experts on the potential Bill C-11 harms to user content.

The episode features (in order of appearance): CRTC Chair Ian Scott, Canadian Heritage Minister Pablo Rodriguez, Morghan Fortier, Oorbee Roy, Justin Tomchuk, JJ McCullough, Jeanette Patel, Scott Benzie, Patrick Rogers, Matt Hatfield, Michael Geist, Rachael Thomas, John Lewis, Stephane Cardin, Monica Auer.

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June 13, 2022 3 comments Podcasts
What type of a democracy ... by Tim Green (CC BY 2.0) https://flic.kr/p/8SqVb9

Defending the Indefensible: If Bill C-11 Won’t Pass Until the Fall, Why is the Government Cutting Off Debate and Review Now?

The government’s motion to cut off Bill C-11 debate will head to a vote on Monday as it seeks to wrap up submission of amendments, voting on all amendments, the House of Commons report stage, and third reading within a week. Liberal MPs argue that Conservative filibustering at committee necessitates the motion, yet with Canadian Heritage Minister Pablo Rodriguez acknowledging that a Senate review of the bill will likely have to wait until the fall, there is no deadline and no obvious need to curtail proper review of amendments and House debate. Indeed, by rushing through the amendment review of the bill, the government undermines the credibility of the committee process and makes a full Senate review even more essential.

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June 12, 2022 6 comments News
SHH by Liz Welsh (CC BY 2.0) https://flic.kr/p/784CGd

Secret Law Making, the Sequel: As Youtubers Speak Out Against Bill C-11, Government Moves to End Debate, Vote Next Week on Secret Amendments

With only eight days left in the Parliamentary schedule until the House of Commons breaks for the summer, Bill C-11, the Online Streaming Act, has entered into a strange parallel universe. In one world, the government is moving to end debate on the bill and expedite passage in the House by the end of next week. Assuming it is successful – NDP support suggests it has the votes – the government has set a deadline of Monday, June 13th for amendments, June 14th for voting on all amendments as part of a clause-by-clause review, and then a single day for the last two stages in the House of Commons (report stage and third reading). Put it all together and it wants the bill passed by the House by the end of next week.

The limit on the clause-by-clause review to a single day means that the Heritage committee will likely reprise its approach from Bill C-10 of voting on amendments that the public has never seen, that are not read in committee, and are not subject to any discussion or debate. These secret amendments – they will only be revealed to the public after the entire process is complete and the new, updated bill is made public at the report stage – is particularly egregious.

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June 10, 2022 2 comments News
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The Bill C-11 Effect: “Any Video on TikTok That Uses Music Could be Subject to Regulation”

TikTok did not appear before the Standing Committee on Canadian Heritage as part of its Bill C-11 study, but one of the world’s most popular user generated content sites issued a warning that even Canadian Heritage Minister Pablo Rodriguez can’t ignore: if the bill becomes law, “any video on TikTok that uses music could be subject to regulation under the Broadcasting Act.”  TikTok’s analysis picks up where Rodriguez left off at committee as he sought to downplay the effect of the bill on user content and dangerously equated some of the concerns with misinformation. Yet despite the persistent denials, TikTok’s submission to the committee leaves little doubt that any Canadian who uses the service to create a video with music backing will find their content caught by the bill.

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June 8, 2022 3 comments News
Pablo Rodriguez at Standing Committee on Canadian Heritage, June 6, 2022, https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20220606/-1/37277

Why Heritage Minister Pablo Rodriguez’s Bill C-11 Content Regulation Denials Ring Hollow

Canadian Heritage Minister Pablo Rodriguez appeared before the Standing Committee on Canadian Heritage yesterday, using the opportunity to defend Bill C-11 with assurances that concerns about the inclusion of user content within the bill were “unfounded.” As this post unpacks, the denials of content regulation ring hollow as his defence falls apart on close examination of the bill. Numerous witnesses, including digital creators, Internet platforms, and industry associations, have all expressed concerns about the issue. Rather than respond to them, Rodriguez and the government implausibly deny that the issue exists at all.

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June 7, 2022 7 comments News