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Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Not Just Big Tech: Government Memo Shows Bill C-10 Targets News Sites, Podcast and Workout Apps, Adult Websites, Audiobooks, and Sports Streamers for CRTC Regulation

Canadian Heritage Minister Steven Guilbeault has tried to deflect public concern with the regulation of user generated content under Bill C-10 by claiming the intent is to make the “web giants” pay their fair share. Yet according to an internal government memo to Guilbeault signed by former Heritage Deputy Minister Hélène Laurendeau released under the Access to Information Act, the department has for months envisioned a far broader regulatory reach. The memo identifies a wide range of targets, including podcast apps such as Stitcher and Pocket Casts, audiobook services such as Audible, home workout apps, adult websites, sports streaming services such as MLB.TV and DAZN, niche video services such as Britbox, and even news sites such as the BBC and CPAC.

The regulations would bring the full power of CRTC regulation over these sites and services. This includes requiring CRTC registration, disclosure of financial and viewership data, Canadian content discoverability requirements (yes, that could mean Canadian discoverability for pornography services), and mandated payments to support Canadian film, television, and music production. The list also notably identifies potential regulation of Youtube Music, Snapchat Originals, and other social media services whose supposed exclusion has been cited as the rationale to extend regulation to user generated content.

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May 20, 2021 28 comments News
Zune subscribe to IHR by Derek K. Miller (1969-2011) https://flic.kr/p/55Ydiq (CC BY-NC 2.0)

Think Regulating User Generated Content in Bill C-10 Is Just an Inadvertent Mistake? Think Again

Over the past several days, the Standing Committee on Canadian Heritage has repeatedly been told that Canadian cultural groups are among the strongest supporters of freedom of expression and would never think of supporting legislation that undermines that foundational democratic principle. Yet the reality is that some of the same cultural groups that now downplay the impact of Bill C-10 on expression, lobbied the government to remove all user generated content safeguards. In other words, rather than support freedom of expression for all Canadians, some envisioned full regulation of both users and their content.

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May 19, 2021 12 comments News

Conversations with Canadians: Dr. Michael Geist. Bill-C10, Internet Regulation in Canada

I appeared on the Conversations with Canadians podcast hosted by Mike Ryan on May 18, 2021.

In the episode, we discussed Bill C-10, its potential implications on freedom of expression and online content.

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May 18, 2021 Comments are Disabled ExtPodcasts

And Another Thing Podcast: S02E28 – Episode 81 with Michael Geist

I appeared on the And Another Thing Podcast hosted by Jodie Jenkins and Tony Clement on May 18, 2021.

In the episode, we discussed the debate surrounding Bill C-10, the controversial nature of this bill, and how it could effect online content.

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May 18, 2021 Comments are Disabled ExtPodcasts
freedom of expression by Jason Taellious (CC BY-SA 2.0) https://flic.kr/p/5kTNEG

The Law Bytes Podcast, Episode 89: Debating Bill C-10 at the Canadian Heritage Committee, Part Two: A Special Law Bytes Podcast

With yesterday’s Standing Committee on Canadian Heritage meeting with experts on Bill C-10 and its implications for freedom of expression, this is a special Law Bytes episode featuring my opening statement and engagement with Members of Parliament. The discussion canvassed a wide range of issues including how regulating user generated content makes Canada an outlier worldwide, the impact on net neutrality, and why discoverability requirements constitute speech regulation. There is a second post that features my opening statement to the committee.

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May 18, 2021 2 comments Podcasts