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Golfclub No. 1 by Christian Kadluba https://flic.kr/p/oiWEWU (CC BY-SA 2.0)

Members Only: My Submissions to the CRTC’s Bill C-11 Consultations on Regulatory Thresholds and DMEO Transition

The CRTC’s deadline for the first two Bill C-11 consultations passed yesterday after the Commission rejected extension requests from a wide range of groups. Given the limited time – there was just a single workday from when the CRTC issued its rejection until the deadline – I submitted brief comments (2023-139, 2023-140) focusing on two concerns. First, the very short timeline for submissions did not allow for completion of research into the questions posed by the CRTC, including the appropriate threshold for regulation of Internet streaming services. I argued that the approach may have excluded many interested stakeholders from fully participating in the consultation. Second, I took issue with the CRTC’s framing of the consultation, which it said was “industry focused”, a signal that the consumer related issues raised by regulatory thresholds (including consumer choice and service costs) were viewed as irrelevant by the Commission.

That concern was amplified yesterday as the Canadian Media Fund, which receives public funding, literally gave a trophy to Canadian Heritage Minister Pablo Rodriguez for passing Bill C-11 and CRTC Chair Vicky Eatrides delivered remarks at the Banff World Media Festival in which consumers and the broader public were nowhere to be found. Speaking of implementing Bill C-11, Eatrides stated:

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June 13, 2023 5 comments News
Wrong Direction by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/2g4TPYt

The Draft Bill C-11 Policy Direction: Canadian Heritage Implicitly Admits What It Spent Months Denying

The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted. While Canadian Heritage was at pains to emphasize that the draft direction includes instructions that the “CRTC is directed not to impose regulatory requirements on online undertakings in respect of programs of social media creators, including podcasts”, the draft directive confirms that the government misled the public for months on the scope of Bill C-11 and highlights the problem with the CRTC’s rushed effort to establish regulations before the draft policy directive is final. I plan to file a submission by the deadline, but in the meantime offer several thoughts.

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June 9, 2023 8 comments News
Schaar's Bluff, Spring Lake Park Reserve - Danger Cliff Ahead by Tony Webster https://flic.kr/p/KByfL3 (CC BY 2.0)

Tough Talk, Empty Answers: How Heritage Minister Pablo Rodriguez is Propelling Canada’s News Sector Toward the Bill C-18 Cliff

Canadian Heritage Minister Pablo Rodriguez appeared last night before the Senate committee studying Bill C-18, facing repeated questions about how his government will respond if Internet platforms such as Facebook block news sharing in response to bill’s system of mandated payments for links. Much like Prime Minister Trudeau earlier in the day, Rodriguez had few answers, relying instead on tough talk about not backing down against the tech companies or warnings that even talking about the risks was playing into their hands. Yet the reality is that the government has boxed itself into a corner with fatally flawed legislation that could leave Canadian news organizations  with lost revenues and Canadians with reduced exposure to reliable news.

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June 8, 2023 5 comments News
Mark Zuckerberg F8 2018 Keynote by Anthony Quintano https://flic.kr/p/26F9s2C (CC BY 2.0)

Meta to Test Blocking News Sharing on Facebook and Instagram in Canada in Response to Bill C-18’s Mandated Payments for Links

Meta has announced that will test blocking news sharing in Canada on its platforms Facebook and Instagram in response to Bill C-18’s system of mandated payments for links. Even as some have suggested the position is bluff, the company has not wavered for months as this emerged as the most likely end game. Back in October, it said it was considering blocking news and in March it confirmed it. The government now says it won’t give in to “threats” but the reality is that Canadian Heritage Minister Pablo Rodriguez more accurately described it last year as a “business decision” when he appeared before the Heritage committee. Given that Facebook says news is responsible for only three percent of content on user feeds and that it is highly substitutable (ie. users spend the same amount of time on the platform whether scrolling through news or other content), the business choice seems like an obvious one.

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June 2, 2023 12 comments News
local news for local people by Lis Ferla https://flic.kr/p/6gnLCV (CC BY-NC 2.0)

Globe Publisher Calls Bill C-18 a “Threat to the Independence of Media” As Government Senate Representative Smears Bill Critics

The Senate hearings on Bill C-18, the Online News Act, resumed yesterday with two blockbuster panels that included the Globe and Mail, News Media Canada, La Presse, Le Devoir, Canadaland, The Line, and Village Media. The unmistakable takeaway was the enormous risks the bill creates to the independence of the press, to the future of digital media, and to the bottom lines of Canadian news outlets across the country. Further, it is increasingly apparent that the government has no real answers to these risks other than sabre rattling with tech companies and questioning the motives of critics of the legislation. 

The eagerness to smear anyone who dares criticize the bill provided the most jaw-dropping moment of the hearing with Senator Peter Harder, the government’s representative in the Senate on the bill, suggesting that Bill C-18 criticism from Village Media’s Jeff Elgie, one of Canada’s most successful local digital news organizations, might be motivated by the business benefits of local media shutting down:

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May 31, 2023 6 comments News