The Online Streaming Act, the government controversial reform to the Broadcasting Act, continues to attract attention given an ongoing court challenge and backlash from the U.S. government. But there is another element of Bill C-11 that is deserving of attention. Due to what is likely a legislative error, the government deleted privacy safeguards that were included in the bill only two months after they were enacted. As a result, a provision stating that the Broadcasting Act “shall be construed and applied in a manner that is consistent with the right to privacy of individuals” was removed from the bill, leaving in its place two-near identical provisions related to official languages. The net effect is that with little notice, the Broadcasting Act has for the past two years included an interpretation clause that makes no sense and efforts to include privacy within in it are gone.
News
Out of Nowhere: TIFF Undermines Artistic Freedom of Expression With Forced Name Change of October 7th Documentary
The controversy over the Toronto International Film Festival decision to remove a Canadian made October 7th documentary film from its lineup focused primarily on the absurd demand for copyright clearances of clips taken by Hamas terrorists on the day of the attack. While TIFF reversed its decision given the enormous backlash over what many rightly perceived to be censorship, another aspect of TIFF’s demands remain in place. According to media reports, the initial title of the documentary was Out of Nowhere: The Ultimate Rescue. TIFF demanded that the name be changed in order to be included in the program, leading to the new title, The Road Between Us: The Ultimate Rescue. TIFF staff apparently objected to the phrase “Out of Nowhere”, which suggests that staff believes both that (1) the October 7th attack was not out of nowhere, and (2) that it was appropriate to limit artistic freedom of expression by substituting its political views over those of the creator.
TIFF Removes October 7th Documentary Film From Schedule Citing Implausible Copyright Clearance Concerns From Hamas Terror Footage
The Toronto International Film Festival has removed from its 2025 schedule a documentary film by Canadian filmmaker Barry Avrich that tells the story of Noam Tibon’s mission to save his family during the October 7th attacks by Hamas in Israel. The film is based on the excellent book by Amir Tibon, the Gates of Gaza, which recounts both the rescue effort and the longstanding fraught relationship between Israel and Gaza. According to Deadline, the film, titled The Road Between Us: The Ultimate Rescue, was scheduled to be included in the program announced last week. But TIFF asked that the source of Hamas body-cam footage included in the film be identified and to provide copyright clearances for the video. You read that correctly: TIFF wanted the filmmakers to obtain copyright licences from Hamas terrorists.
Carney’s Digital Recalibration: How the Government is Trending Away from Justin Trudeau’s Digital Policy
Digital policies did not play a prominent role in the last election given the intense focus on the Canada-U.S. relationship. Prime Minister Mark Carney started as a bit of a blank slate on the issue, but over the past few months a trend has emerged as he distances himself from the Justin Trudeau approach with important shifts on telecom, taxation, and the regulation of artificial intelligence. Further, recent hints of an openness to re-considering the Online News Act and heightened pressure from the U.S. on the Online Streaming Act suggests that a full overhaul may be a possibility.
Another Canadian Digital Policy Own Goal: Corporate TikTok Ban Leads to Millions in Lost Cultural Group Support
The government’s bad run of digital policy choices that led to blocked news links on Facebook and Instagram, ongoing litigation over mandated streaming payments, and the recent cancellation of the digital services tax, has paved the way for another costly loss. Last fall, the Canadian government announced the conclusion of its national security review of TikTok and arrived at a curious plan: ban the company from operating in Canada but leave the app itself untouched. The decision raised concerns about weakening privacy enforcement as the Privacy Commissioner of Canada acknowledged that it is easier to compel documents and support investigations if the company is in Canada (the results of a Privacy Commissioner investigation into TikTok have still not been released).
Recent Posts
Privacy Lost: How the Government Deleted Bill C-11’s Key Privacy Principle Just Two Months After Passing it Into Law 
Out of Nowhere: TIFF Undermines Artistic Freedom of Expression With Forced Name Change of October 7th Documentary 
TIFF Removes October 7th Documentary Film From Schedule Citing Implausible Copyright Clearance Concerns From Hamas Terror Footage 
Carney’s Digital Recalibration: How the Government is Trending Away from Justin Trudeau’s Digital Policy 
Let Competition Be the Guide: Why the Government and CRTC Got It Right on Wholesale Fibre Broadband Access
