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Ian Scott Before Standing Committee on Canadian Heritage, May 31, 2022, https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20220531/-1/37205

CRTC Chair Ian Scott Confirms It Yet Again: Bill C-11 Includes Regulatory Power On User Content

The Online Streaming Act hearings at the Canadian Heritage committee continued yesterday with testimony from several notable witnesses, including CRTC Chair Ian Scott. Scott had appeared before the committee several weeks earlier, confirming that Bill C-11 contains a provision that captures user content regulation, acknowledging that “as constructed, there is a provision that would allow us to do it as required.” That statement would not ordinarily be controversial since the inclusion of user content has been readily apparent since the bill was introduced. I’ve argued that Heritage Minister Pablo Rodriguez has engaged in systematic gaslighting with his insistence that user content is not in the bill. My post on the issue walks through the proposed legislation, noting the “CRTC is empowered to create regulations applicable to user content uploaded to social media services as programs” and focusing specifically on the discoverability rules and their implications.

Scott’s appearance was presumably designed to walk back or soften his earlier statement on user content regulation in the bill. And while he was at pains to suggest that the CRTC faced strict limits in its regulatory power, he once again acknowledged the reality:

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June 1, 2022 5 comments News
Rodriguez screen shot, House of Commons, May 30, 2022, https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20220530/-1/36984

Bill C-11 and User Content at the Heritage Committee: The Gaslighting Continues

The Standing Committee on Canadian Heritage continues its hearing into Bill C-11 today with hours of scheduled testimony and witnesses that include Netflix, Youtube, and CRTC Chair Ian Scott. The witness list is becoming notable both for who is not included (a bill called the Internet Streaming Act without TikTok or Amazon or Apple or Roku?!) and who is back for another appearance (Scott will surely face pressure to soften his earlier comment that the user content is included in the bill). For those Canadians that haven’t been paying close attention, I’ve compiled a short video on the hearing thus far, which has featured multiple witnesses confirm their concerns that the bill includes the regulation of user content and Canadian Heritage Minister Pablo Rodriguez pretending that he isn’t paying attention.

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May 31, 2022 3 comments News
Payphone off the hook by /ˈbɪnd(ə)lstɪf/ https://flic.kr/p/VmNUQV (CC BY-SA 2.0)

Why the Government’s New Telecom Policy Directive Means More of the Same for Canada’s Communications Competition Woes

Innovation, Science and Industry François-Philippe Champagne unveiled the government’s proposed new telecom policy directive yesterday, hailing it as a “historic step.” However, a closer look at the policy suggests that the only thing that is history are any immediate hopes for a more competitive communications marketplace in Canada. Once again, the government has shown itself unwilling to take a strong stand in favour of consumers and competition, instead releasing a directive that largely retains the status quo and sends the message to CRTC Chair Ian Scott to stay the course. Indeed, the primary purpose behind the announcement would appear to be an attempt to shield the government from criticism over its decision to leave the controversial CRTC decision on wholesale Internet access intact, thereby denying consumers the prospect of lower costs for Internet services.

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May 27, 2022 5 comments News
text, communication, western script, no people, day, sign, wood - material, outdoors by Piqsels https://www.piqsels.com/en/public-domain-photo-jvlgr

No Comment: Government Moves to End Debate on Online News Bill Despite a No-Show from Canadian Heritage Minister Pablo Rodriguez

Since its introduction in the House of Commons last month, the Online News Act (Bill C-18) has been debated or discussed just once. The bill was tabled without comment by Canadian Heritage Minister Pablo Rodriguez on April 5th. Thus far, Friday, May 13th was the only one day devoted debate on the bill at second reading, a day when so many MPs were not present that there was a question on whether there was sufficient quorum to proceed. Rodriguez did not deliver a speech or answer questions that day, leaving it to his Parliamentary Secretary Chris Bittle, who I pointed out inaccurately characterized the requirement for payments by Internet platforms as “use” of content and implausibly argued that the bill involved “minimal government intervention.” There has been a total of less than two hours of speeches and debate with just 10 MPs speaking to the bill or asking questions (Bittle and Mark Gerretsen being the only Liberal MPs).

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May 21, 2022 3 comments News
Senate debates, Senator Dasko, May 19, 2022, https://senparlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20220520/-1/10877

Is the Government Seeking to Short Circuit the Senate Review of Bill C-11?

The review of the Online Streaming Act (Bill C-11) heads to committee next week as the Standing Committee on Canadian Heritage plans to devote roughly 20 hours to hearing over the next two weeks. I have received an invitation and may appear as soon as next week. While the House of Commons committee study is just getting underway, the Senate has been debating the possibility of conducting a “pre-study” of the bill at its own committee. Pre-studies are somewhat unusual since they are conducted before the bill has formally been referred to the committee or, in the case of the Senate, even passed the House of Commons. In fact, Bill C-10, the predecessor to Bill C-11, started with a pre-study which ultimately undermined the overall committee study that many believed was inadequate.

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May 20, 2022 2 comments News