The Liberal government’s stunning, dangerous, and inexcusable decision to rescind legislative safeguards for user generated content in Bill C-10 has rightly sparked media attention, political opposition, and anger from Canadians. The Broadcasting Act reform bill is problematic for many reasons, but last week’s decision to treat all user generated content as a program subject to regulation by the CRTC was a giant step too far. As a result of the decision, the CRTC will determine what terms and conditions will be attached the speech of millions of Canadians on sites like Youtube, Instagram, TikTok, and hundreds of other services should the bill become law.
The Law Bytes Podcast, Episode 85: Céline Castets-Renard on Europe’s Plan to Regulate Artificial Intelligence
Last week, the European Commission launched what promises to be a global, multi-year debate on the regulation of artificial intelligence. Several years in development, the proposed rules would ban some uses of AI, regulate others, and establish significant penalties for those that fail to abide by the rules. European leaders believe the initiative will place them at the forefront of AI, borrowing from the data protection framework of seeking to export EU solutions to the rest of the world. Céline Castets-Renard is a colleague at the University of Ottawa, where she holds the University Research Chair on Accountable Artificial Intelligence in a Global World. She joins the Law Bytes podcast to discuss the EU plans, their implications for Canadian AI policy, and the road ahead for the regulation of artificial intelligence.
Not Just User Generated Content: Liberal Government Also Want the CRTC to Regulate Apps Under Bill C-10
Earlier tonight, I posted on the government’s attack on freedom of expression with its astonishing plans to regulate all user generated content posted to sites such as Youtube, Instagram, TikTok, and Twitter. But the danger doesn’t stop there. For months, the government insisted that it was not going to regulate video games as part of Bill C-10. In fact, Canadian Heritage Minister Steven Guilbeault told the House of Commons:
Bear in mind that we are imposing a number of guardrails. As I said earlier, user-generated content, news content and video games would not be subject to the new regulations.
It turns out none of this is accurate. I’ve blogged about how news is caught by the legislation and the Heritage committee just eliminated the guardrail on user generated content. Now it appears that the government plans to introduce a motion to bring apps under the scope of CRTC regulation.
Freedom of Expression Under Attack: The Liberal Government Moves to Have the CRTC Regulate All User Generated Content
Canadian Heritage Minister Steven Guilbeault appeared before the Standing Committee on Canadian Heritage last month and was asked by Liberal MP Tim Louis about “misinformation that somehow this [Bill C-10] would control, or regulate, or censor social media.” Guilbeault responded:
In the case of YouTube, for example, we’re not particularly interested in what people…you know, when my great-uncle posts pictures of his cats, that’s not what we’re interested in as a legislator.
When YouTube or Facebook act as a broadcaster, then the legislation would apply to them and the CRTC would define how that would happen. But really, we’re not interested in user-generated content. We are interested in what broadcasters are doing.
Guilbeault was referring to a specific exception in Bill C-10, the Broadcasting Act reform bill, that excluded user generated content from the scope of broadcast regulation.
Last week was a busy one in the wireless world in Canada. Just as people were debating the proposed Rogers – Shaw merger, the CRTC released its long awaited wireless decision involving the possibility of mandated MVNOs or mobile virtual network operators. While the CRTC notably concluded that Canadian wireless pricing is high relative to other countries and attributed that to insufficient competition, it ultimately was unwilling to fully embrace a broad-based mandated MVNO model. To help break down these recent developments, joining the Law Bytes podcast this week are Dwayne Winseck, a professor at the School of Journalism and Communication at Carleton University and the director of the Canadian Media Concentration Research Project, and Ben Klass, a senior research associate at the Canadian Media Concentration Research Project and board member at the Internet Society Canada Chapter. They both join the podcast in a personal capacity representing only their own views.