The Bell coalition’s website blocking proposal has sparked a huge public outcry, with thousands of Canadians submitting interventions to the CRTC opposing a plan premised on website blocking without direct court involvement. I have written several posts on the issue – a general assessment on why it is a terrible idea, a closer look at the economic reality of the Canadian film and television sector, and a discussion of Bell’s inconsistent comments to the CRTC vs. business analysts – but the case against the radical plan merits a closer look at both the evidence and the legal arguments. With this post, I begin a new series that will make the case against the Bell coalition’s website blocking plan.
Articles by: Michael Geist
Sending a Different Message: After Bell Website Blocking Coalition Warns About Cord Cutting, Bell CEO Says It Isn’t Accelerating
The Bell coalition website blocking proposal places considerable emphasis on the impact of cord cutting, a reference to television subscribers canceling their service. Earlier this week, I blogged about CMPA data that called into question claims of negative impacts on the industry, with the actual data confirming record investment in Canadian television and film production and more than a billion dollars being spent annually by consumers on authorized video services such as Netflix, CraveTV, and Club illico.
While the Bell coalition wants the CRTC to believe that there is urgent problem requiring a radical regulatory solution (it acknowledges the CRTC can only authorize blocking in exceptional circumstances that further the objectives of the Telecommunications Act), Bell’s own commentary to financial analysts strike a much different tone. During yesterday’s quarterly earnings conference call with analysts, Bell executives said absolutely nothing about piracy or website blocking, instead emphasizing the success of both its TV and online streaming services. For example, CEO George Cope stated:
Trudeau Puts An End to the Netflix and ISP Tax Debate: “Consumers…Pay Enough for Their Internet”
For the past two years, the prospect of creating a Netflix tax or Internet tax has been the digital policy issue that would not die in Canada. The Standing Committee on Canadian Heritage called for an Internet tax last June, the province of Quebec remains anxious to pay digital sales taxes (there is nothing stopping them from doing so now), and many creator groups continue to the call for mandated contributions on Netflix to “level the playing the field” (the level playing field argument is misleading). The uncertainty surrounding Netflix and ISP taxes has not been helped by the reopening of the issue at the CRTC after the release of the government’s digital Cancon strategy and Canadian Heritage Minister Melanie Joly’s occasionally leaving the door open to the possibility.
Canadian Copyright Diplomacy: My Appearance before the Senate Standing Committee on Foreign Affairs
Last week, I appeared before the Senate Standing Committee on Foreign Affairs as part of its study on the impact and utilization of culture and arts in foreign policy and diplomacy. I was asked to consider the impact of Canadian copyright in foreign diplomacy, leading to an interesting and engaging discussion that touched on everything from the changes to the IP provisions in the TPP to the legality of streaming services. My opening remarks, which emphasized the potential for Canada to engage in copyright diplomacy by serving as model for other countries, is posted below.
No Panic: Canadian TV and Film Production Posts Biggest Year Ever Raising Doubts About the Need for Site Blocking and Netflix Regulation
This year in digital and broadcast policy is likely to be dominated by two lobbying efforts: the radical website blocking plan proposed by the Bell coalition and the ongoing efforts from Canadian culture groups to impose new regulations on online video services such as Netflix. At the heart of both lobbying efforts are similar claims that seek to paint the Canadian cultural sector at risk of collapse without new regulations in the form of blocking or mandated contributions. Last week, the Canadian Media Production Association released Profile 2017, its annual report on the state of the industry. The latest report tells a remarkable success story. Far from the doom and gloom, the Canadian industry is achieving record growth, suggesting that website blocking and new Internet regulations are ill-advised solutions in search a problem.
Recent Posts
The Law Bytes Podcast, Episode 234: “Solutions Aren’t Going to be Found Through Nostalgia”: Mark Musselman on the CRTC Hearings on Canadian Content Rules 
Here We Go Again: Internet Age Verification and Website Blocking Bill Reintroduced in the Senate (With Some Changes) 
The Law Bytes Podcast, Episode 233: Abdi Aidid on AI, the Law and the Future of Legal Practice 
When the Drumbeat of Intolerance Becomes Too Loud to Ignore: Reflections on Campus Antisemitism, Academic Freedom and My Global Technology Law Exchange Course 
Solomon’s Choice: Charting the Future of AI Policy in Canada
