Bill C-11 took a major step forward late last week as the government cut off debate yet again and forced a vote on an amended bill that rejected the Senate’s fix to concerns about user content regulation. The vote has sparked heated debates on social media, including mistaken insistence by some that the bill does not affect user content (it clearly does) or that it will censor what Canadians can say online (it will not). The reality is that Bill C-11 has important freedom of expression implications not because it will limit people’s ability to speak, but because government regulation may affect their ability to be heard. Given those implications – and the government’s inability to cite a credible justification for rejecting an amendment to address the problem by excluding user content from potential regulation – I believe the Senate should send the bill back to the House once more by restoring the amendment.
Articles by: Michael Geist
The Law Bytes Podcast, Episode 162: Paul Andersen on the Rogers-Shaw Merger and the Disappearing Independent Internet Provider in Canada
Last week, Innovation, Science and Industry Minister François-Philippe Champagne tried to spin his approval of the Rogers-Shaw merger and the enhanced role of Videotron as a win for Canadians, arguing that somehow fewer competitors would lead to greater competition. But in recent months, the Canadian communications landscape has shifted, not only with this merger but also with the gradual disappearance of a half-dozen independent providers who have been swallowed up by the large companies. What does this mean for the wireless and Internet competition in Canada? Is there any hope for consumers for a respite from some of the world’s highest prices? Paul Andersen is the Chair of CNOC – the Competitive Network Operators of Canada – and the President of E-Gate Networks, an independent provider. He joins the Law Bytes podcast to talk about the implications of the merger, the loss of many independent providers and recent leadership changes at the CRTC.
Competition in Canada Takes Another Hit: Government Gives Go Ahead for Rogers – Shaw Merger
Innovation, Science and Industry Minister François-Philippe Champagne has worked hard to fashion himself as a future party leader based on boundless energy to sell Canada the world. Indeed, Champagne’s oft-repeated stories of cold calls that resulted in investments by companies such as Volkswagen and Moderna paint a picture of a minister jetting around the world in support of the Canadian economy. Unfortunately, Champagne’s record is also one of a minister less interested in what is actually happening at home. His privacy legislation has languished for months and he has been entirely missing on digital policy, where fishing expeditions such as the one involving Bill C-18 are likely to make companies reticent about entering the Canadian market. This morning there was another lasting and damaging development as the approval of Rogers-Shaw merger (or more accurately the approval of the transfer of licences that pave the way for the merger) will mean that Champagne will have presided over the destruction of the competitive communications market with both another major merger and the sudden disappearance of many independent providers.
The Dongle Budget: What Prioritizing a Common Cell Phone Charging Port Says About Canadian Digital Policy
Deputy Prime Minister and Finance Minister Chrystia Freeland released the government’s 2023 budget yesterday with a raft of new spending initiatives and subsidies for “clean tech” to match developments in the United States. Budgets have become policy mapping documents where the government identifies its priorities for the coming year, often accompanied by plans to incorporate them into the Budget Implementation Act, where they are virtually guaranteed to pass with limited Parliamentary overview and debate. I’ll identify some of the most notable developments below, but want to focus on a commitment to establish a standard charging port in Canada which I think is emblematic of a government that has increasingly lost the plot on digital policy.
The Latest Bill C-11 Debate: Sacrificing Freedom of Expression for Quebec Culture Lobby Support
The Bill C-11 debate continued for hours in the House of Commons yesterday with a dispiriting discussion featuring MPs from all sides ignoring or exaggerating the implications of the bill. The debate often seemed to gravitate to two polar opposites: either the bill is China or North Korea-style censorship or it has no implications for freedom of expression and the regulation of user content. Both are false. To the claims of censorship, Bill C-11 is not China, Russia or Nazi Germany. As I’ve stated many times, it does not limit the ability to speak, but could impact the ability to be heard. That raises important implications for freedom of expression but it does not turn Canada into China. To the claims that user content regulation is excluded from the bill, Section 4.1(2)(b) and 4.2.2 clearly scope such content into the bill, an interpretation that has been confirmed by dozens of experts and the former Chair of the CRTC. Liberal and NDP MP claims to the contrary should be regarded as disinformation, a deliberate attempt to spread false information. Indeed, the Senate proposed a fix. The government rejected it. That was supposed to be the focus of the debate, yet Liberal MPs such as Kevin Lamoureux falsely claimed that there is no there there.
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