Columns

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Forget a Netflix Tax: How The Digital CanCon Review Can Shake Up the Status Quo

Canadian Heritage Minister Mélanie Joly’s digital CanCon consultation is likely to spark calls from the cultural establishment for new levies and taxes to fund the creation of domestic content. The Internet will be the primary target with demands for a Netflix tax along with legislative reforms that would open the door to additional fees on Internet providers.

Yet an unimaginative approach that seeks to regulate the Internet imposes costs that would make Internet access less affordable and create a regulatory environment that runs counter to fundamental principles of freedom of speech and access to information. Joly should reject efforts to recycle stale policies and instead embrace the opportunity to shake up Canadian cultural policy.

My weekly technology law column (Toronto Star version, homepage version) argues that the starting point should be a shift in funding for Canadian content creation. The current model, which relies heavily on mandatory contributions from the Canadian broadcasting community, is in decline as revenues from the sector slowly shrink (the Canadian Radio-television and Telecommunications Commission recently reported that conventional television revenues declined by 2.4 per cent in 2015).

May 10, 2016 — 12 comments — Columns

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The Digital CanCon Review: Be Wary of Old Whine in New Bottles

Canadian Heritage Minister Mélanie Joly surprised culture and Internet watchers last week by announcing plans for a comprehensive review of Canadian content policies in a digital world. Joly says everything is on the table including broadcasting regulation, Cancon funding mechanisms, copyright law, the role of the CBC, and the future of the Canadian Radio-television and Telecommunications Commission (CRTC).

While there is little doubt that the current framework was established for a different era, rules that have sheltered the industry from foreign competition and transferred hundreds of millions of dollars from consumers to creator groups will not disappear without a fight. Indeed, my weekly technology column (Toronto Star version, homepage version) warns that the most common refrain from the Canadian cultural community is likely to be that the existing rules should be extended to the Internet.

May 3, 2016 — 4 comments — Columns

Liberal MP Navdeep Bains (Mississauga--Brampton South) chats with Young Liberals of Canada Vice President Communications-elect Braeden Caley and youth delegates by Michael Ignatieff (CC BY-ND 2.0) https://flic.kr/p/6jzCBK

Why Federal Leadership on Universal Broadband is a Need, Not a Want

With one week still remaining in the federal telecommunications regulator’s hearing focused on the state of Internet access in Canada, the process has taken a surprising turn that ultimately cries out for leadership from Navdeep Bains, the Minister of Innovation, Science, and Economic Development.

Jean-Pierre Blair, chair of the Canadian Radio-television and Telecommunications Commission (CRTC), opened the hearing two weeks ago with a warning: even if an ideal speed target could be identified, there was no guarantee of regulatory action. Blais urged participants not to confuse “wants” with “needs”, a framing that suggested the goal of the hearing was to identify the bare minimum Internet service required by Canadians.

My weekly technology law column (Toronto Star version, homepage version) notes that the remarks attracted immediate headlines that the Commission would not guarantee basic Internet speeds. The CRTC insists that only comments on the public record count, but it is obvious that the commissioners pay close attention to media commentary and social media postings.

April 25, 2016 — 3 comments — Columns

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Canadian Copyright Bill for the Blind in Need of Fine Tuning

As the political world was focused on the Liberal government’s inaugural budget last month, Navdeep Bains, the Minister of Innovation, Science and Economic Development, introduced his first bill as minister by quietly moving ahead with plans to reform Canadian copyright law to allow for the ratification of an international treaty devoted to increasing access to copyrighted works for the blind.

The World Intellectual Property Organization’s Marrakesh Treaty expands access for the blind by facilitating the creation and export of works in accessible formats to the more than 300 million blind and visually impaired people around the world. Moreover, the treaty restricts the use of digital locks that can impede access, by permitting the removal of technological restrictions on electronic books for the benefit of the blind and visually impaired.

My weekly technology law column (Toronto Star version, homepage version) notes that the Canadian decision to ratify the Marrakesh Treaty is long overdue. The Conservatives announced plans to do so in last year’s budget but waited to table legislation days before the summer break and the election call. With that bill now dead, the Liberals have rightly moved quickly to revive the issue.

April 19, 2016 — 2 comments — Columns

The CRTC listened intently to the CFRO presentation by Robin Puga (CC BY-NC-SA 2.0) https://flic.kr/p/8XhHm1

Why Universal, Affordable Internet Access is a Job for Everyone

The future of Internet access in Canada takes centre stage this week at a major hearing focused on whether it’s time to update the rules associated with universal access to communications services. Canada has long had regulations in place that ensure that basic telephone service is available to everyone, using a funding model that subsidizes higher costs in rural communities.

My weekly technology column (Toronto Star version, homepage version) notes that for most Canadians, however, basic telephone service no longer adequately addresses their needs. Today the Internet is widely recognized as the most indispensable communications tool, providing access to everything from electronic messaging to entertainment. While debates over broadband access have lingered for more than 15 years, there are still thousands of Canadians without service, owing to the lack of access or affordability.

April 12, 2016 — 3 comments — Columns