The Online Streaming Act (Bill C-11) was the subject of hours of debate yesterday in the House of Commons as the government presses to get the bill out of second reading and onto committee for hearings and further study. Setting aside the claims of “censorship” on one side and “you don’t care about creators” on the other, there were some notable takeaways from the debate, including the government digging in on keeping the policy direction to the CRTC secret, acknowledging (perhaps inadvertently) that the bill does regulate user generated content, and several comments from MPs that promise outcomes that are simply not part of the bill.
Leading off during Question Period was a direct question to Prime Minister Justin Trudeau about releasing the planned policy directive to the CRTC before the bill receives royal assent so that Canadians can see the details of how the bill is intended to be implemented.
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The House of Commons debate over the Online Streaming Act (Bill C-11) is likely to continue this week with the government anxious to get the bill out of the House of Commons and into committee for further study and approval. The recent discussion in the House featured Liberal MP MP Mark Gerretsen insisting that the bill does not cover user generated content:
I can assure this member and all Conservatives that nobody is more interested in preserving the content they create in this House than I am: the content that they give me to put out on social media. If I thought for one second that user-generated content would be impacted by this bill, I certainly would not be in favour of it.
I would like to point out to the member that there are several sections in this piece of legislation that explicitly preserve user-generated content: sections 2.1, 2.2, 2.3, 3(a), 4.1, 4.2 and 4.3(3).
I am curious. This is a simple question. Has the member read the bill, and he has read those sections in particular?
I’m not a Member of Parliament but I have read the bill and those specific sections. The indisputable reality is that the net result of those provisions is that user generated content is covered by the bill. Indeed, the government is gaslighting the public with claims that it does not.
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Bill C-11, the Online Streaming Act that serves as the government’s follow-up to Bill C-10, was the subject of debate in the House of Commons yesterday as the legislation slowly makes it way through the legislative process. There are still committee hearings to come, but it is readily apparent that many of the concerns that hamstrung Bill C-10 have returned: virtually limitless jurisdictional, overbroad scope, and harmful discoverability provisions. Further, this bill has attracted mounting criticism from Canadian digital-first creators, who note that one of Canada’s biggest cultural exports could be hurt by the bill leading to millions in lost revenues.
While none of these concerns should come as a surprise, what is surprising is how ill-prepared the government appears to be address the criticisms. Indeed, the communications strategy seems based primarily on presuming that Canadians won’t bother to read the legislation and will therefore take misleading assurances at face value. Consider the latest attempt to assuage concerns: a cartoon of Canadian Heritage Minister Pablo Rodriguez providing an assurance that the bill’s changes won’t affect individual Canadians since “the changes only apply to companies.” That cartoon sparked an instant mashup that pointed to the direct effects on digital first creators. Further, the changes don’t apply only to companies. Bill C-11 treats all audio-visual content as programs subject to potential regulation. With exceptions that could easily capture TikTok or YouTube videos, the bill is about far more than just large companies.
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Since the introduction of Bill C-11, Canadian Heritage Minister Pablo Rodriguez has insisted that he heard the concerns about regulating user generated content and he “fixed it.” Yet the reality is that anyone that takes the time to the read the bill knows that simply isn’t the case. The concerns with the government’s approach have started to attract the attention of Canadian digital-first creators, who fear the plans could lead to lost revenues and reduced promotion worldwide of what has become one of Canada’s most successful cultural exports.
Darcy Michael is a B.C.-based comedian with millions of TikTok subscribers and a globally successful podcast. Last week, he appeared before the Standing Committee on Canadian Heritage to warn about the risks of Bill C-11 and to call for reform. He joins the Law Bytes podcast to tell his story of success online and his fears about what the bill would mean for Canadian digital-first creators.
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Since the introduction of Bill C-11, Canadian Heritage Minister Pablo Rodriguez has insisted that he heard the concerns about regulating user generated content and he “fixed it.” Yet the reality is that anyone that takes the time to the read the bill knows that simply isn’t the case. The concerns with the government’s approach have started to attract the attention of Canadian digital-first creators, who fear the plans could lead to lost revenues and reduced promotion worldwide of what has become one of Canada’s most successful cultural exports.
Darcy Michael is a B.C.-based comedian with millions of TikTok subscribers and a globally successful podcast. Last week, he appeared before the Standing Committee on Canadian Heritage to warn about the risks of Bill C-11 and to call for reform. He joins the Law Bytes podcast to tell his story of success online and his fears about what the bill would mean for Canadian digital-first creators.
Read more ›
