Post Tagged with: "broadcasting act"

The App Store by Glen Bledsoe https://flic.kr/p/9rCQw8 (CC BY 2.0)

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.

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April 23, 2021 12 comments News
Free Speech * Conditions Apply by Fukt by Chris Christian (CC BY-NC 2.0) https://flic.kr/p/i3wYGf

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.

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April 23, 2021 36 comments News
Wrong Direction by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/2g4TPYt

Wrong Direction: Months After Bill C-10 is Tabled, Canadian Heritage Releases Draft Policy Direction Still Short on Details

Months after its introduction, it is fair to say that Bill C-10, the broadcasting reform bill, has not been the government’s finest performance. Canadian Heritage Minister Steven Guilbeault has made claims about the economic benefits that his own department is unable to support, made inaccurate statements about the inclusion of economic thresholds and news in the bill in the House of Commons, and misleadingly compared his plans to the policies in Europe.

From a substantive perspective, even supporters have acknowledged that the bill eliminates the policy objective of Canadian ownership of the broadcasting system (Canadian Heritage officials have offered easily debunked talking points about the issue), drops the prioritization of Canadian performers, fails to address concerns about intellectual property ownership, and punts so many issues to the CRTC that it will take years for any new money to enter the system. If that were not enough, there is the failed process, including fast-tracking the bill to committee before completing second reading and the prospect of a constitutional challenge. Not to be forgotten is the astonishing secrecy: decreased Parliamentary oversight of policy directions and the need for MPs to demand access to basic documents such as costing estimates and draft policy directions that were withheld by Guilbeault and his department.

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March 12, 2021 20 comments News
Canada postage stamp: constitution by Karen Horton (CC BY-NC-ND 2.0) https://flic.kr/p/9YFxLN

Is Bill C-10 Unconstitutional? A Former Justice Senior General Counsel Makes the Case It Is

As the Standing Committee on Canadian Heritage continues its study on Bill C-10, it has also received some notable submissions from organizations and experts that raise further questions about the wisdom of the bill. One submission not yet posted (but provided to me with the consent to post) comes from Philip Palmer, former Senior General Counsel with the Department of Justice focused on communications law. Palmer spent decades in government focused on telecommunications and competition law issues. His expert opinion is that Bill C-10 is unconstitutional since on-demand streaming services such as Netflix are not inter-provincial undertakings and therefore are not subject to the federal government’s jurisdiction over broadcasters.

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March 2, 2021 6 comments News
silence please by Funmilayo (CC BY-NC-ND 2.0) https://flic.kr/p/eKcQXU

Circumventing Parliament: How Bill C-10 Dramatically Reduces Parliamentary Oversight and Review Over Broadcast Policy

The 2019 Liberal election platform made Parliamentary reform a central commitment, promising to “give people a greater voice in Parliament, by improving the way Parliament works.” Yet Bill C-10, the Broadcasting Act reform bill, does the opposite, cutting mandated reviews of policy directions to the CRTC in at least half. The implications of the change are significant since it would mean that House of Commons and Senate committees would not longer review policy directions and Canadian Heritage Minister Steven Guilbeault would be poised to enact his secret policy direction without a full review. I have already written about the surprising secrecy associated with the bill including the failure to disclose how the government arrived at its estimated benefits, the secret content of the policy direction to the CRTC, and the removal of cabinet appeals.

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February 16, 2021 2 comments News