Earlier this month, the CRTC issued the first three of what may become at least nine public consultations on Bill C-11. As I lamented in a post on the consultations, “with short timelines, no resources or support mechanisms for new groups and entities interested in participating, and the absence of the policy direction, this is not a serious attempt to fully engage in Canadians.” A wide range of Canadian cultural, consumer, and independent groups have now escalated the issue by formally asking the CRTC to extend its submission period to late July rather than the current June deadlines. The request, which comes from groups that have both supported and criticized Bill C-11, should be a no-brainer given the absurdly short deadlines that severely limit the ability of many groups to effectively participate in the Bill C-11 consultation process.
Post Tagged with: "bill c-11"
CRTC Chair Vicky Eatrides Faces Her First Big Test: Is the Commission Serious About Public Participation on Bill C-11?
The Freedom of Expression Wake Up Call: Why the CRTC’s Radio-Canada Ruling Eviscerates the Defence of Bill C-11
Bill C-11’s defenders have typically dismissed concerns about the bill and its implications for freedom of expression as misinformation. When pressed to address the actual substance in the bill, they either insist (wrongly) that the bill excludes user content or, alternatively, that even if it is in, the CRTC is bound by the Charter and requirements to safeguard freedom of expression. The claims about the exclusion of user content from the bill have been exceptionally weak as any reasonable reading of Section 4.2 leads to the conclusion that content is subject to potential CRTC regulation (for example, TikTok has concluded that all videos with music are caught). That regulation can include conditions on “the presentation of programs and programming services for selection by the public”, which means the CRTC can establish regulations on the presentation of content found on Internet platforms (the suggestion that it can’t or won’t watch millions of videos has always been a red herring since it doesn’t need to with a broadly-applicable regulation in place).
CRTC Ruling Signals How Bill C-11 Could Be Used To Regulate Internet Content
Just one week after Canadian Heritage and CRTC officials provided assurances to a Senate committee that the Commission’s regulatory powers over freedom of expression were constrained by the Charter of Rights and Freedoms, the CRTC yesterday released a ruling in which the majority ignored the Charter altogether in regulating content on Radio-Canada. The decision signals how Bill C-11 could be used to regulate Internet content the CRTC deems contrary to Broadcasting Act policy objectives. It also continues a disturbing trend of revelations that have come in the aftermath of Canadian Heritage Minister Pablo Rodriguez cutting off debate to rush the bill through the House of Commons: officials later admitting that the $1B claim of benefits is merely an “illustrative” estimate, CRTC Chair Ian Scott opening the door to indirect algorithmic regulation, and now the release of a decision on content regulation that dates back to November 2020.
Standing on a Shaky Foundation: What Lies Behind The Near-Impossible Challenge of Updating Canada’s Outdated Cancon Rules
Canadian Heritage Minister Pablo Rodriguez, who is hosting a culture summit this week in Ottawa, has said that he is open to modernizing the definition of Canadian content and that he is “open to all kinds of suggestions and ideas.” I’ve devoted many posts to the Cancon definition issue (even creating a Cancon quiz), noting that the current system is a poor proxy for “telling Canadian stories.” This system matters since the government’s Internet regulation policies are ostensibly designed to support Canadian content, but if the existing definitions don’t do that, they cannot reasonably be expected to achieve their objectives.
While I’m supportive of Rodriguez opening the door to reform, I have my doubts the government will make any significant changes to the current system. The challenge is that Cancon policy stands on a shaky foundation that is really three policies in one: an economic policy, a cultural policy, and an intellectual property policy. These three policies are often at odds with one another and used by politicians and lobby groups interchangeably to justify mandated contributions, content regulation, and foreign ownership restrictions. When the data doesn’t support one of the policies, they simply shift the discussion to one of the other policy objectives.