The Senate committee studying Bill C-11 has ramped up the hours devoted to clause-by-clause review with amendments related to user generated content currently up for debate. However, earlier today, just prior to addressing the user content issue, the committee shockingly adopted an amendment that adds age verification for online undertakings to the Broadcasting Act. The amendment comes as a policy objective, meaning that it will fall to the CRTC to determine how to implement it. The implications are enormous since broadly defined the policy would require every online service that transmits or retransmits programs over the Internet (broadly defined to include all audio and audiovisual content) to establish age verification requirements to prevent child access to programs with explicit sexual activity. If the CRTC implements, the policy will surely be challenged as unconstitutional.
Post Tagged with: "broadcasting act"
The Law Bytes Podcast, Episode 147: Canada’s Battle over Internet Streamers – A Cancon Story of Freedom of Expression, Algorithms and Cultural Policy
The end for Bill C-11 at the Senate is drawing near as this week, Canadian Heritage Minister Pablo Rodriguez is scheduled to make a long awaited appearance followed by clause-by-clause review of the bill. The Senate hearings have been a model for legislative review. They have heard from a myriad of witness, read countless briefs, and immersed themselves in a hard piece of legislation. Regardless of their views, they know the issues around content regulation in the bill are real. The big remaining questions are whether those hearings result in legislative amendments and, if they do, whether the government will accept them.
While the Senate was continuing its hearings last week, I was delighted to travel to Yale University to deliver a talk on the bill and the controversies it has sparked. This week’s Law Bytes podcast is an audio version of that talk, which traces the development of Canadian broadcast policy as applied to the Internet and recounts how a relatively uncontroversial bill when first introduced sparked a firestorm that is still raging.
Oops, He Did It Again: CRTC Chair Ian Scott Tries to Walk Back Bill C-11 Comments, But Officials Confirm Power to Regulate User Content is in the Bill
CRTC Chair Ian Scott returned to the Standing Senate Committee on Transport and Communications last night, presumably hoping that his fourth House and Senate committee appearance involving Bill C-11 might allow him to say what the government clearly would like, namely that the bill will not lead to the regulation of user content. Yet Scott has failed each time, because the bill plainly does contain that power. In this instance, Scott embarrassed himself, the CRTC, and the entire legislative process as he demonstrably failed to defend the independence of the CRTC and zig-zagged between actively promoting the bill, claiming that was not his role, and even bizarrely offering to draft potential amendments.
The Bill C-11 Hearings Are Back, Part Four: The Risks of a Trade Challenge and Tariff Retaliation
The first three posts in this series on Bill C-11 have focused on the risks of regulating user content, the risks to Canadian creators, and the risks of increased consumer costs and less competition. Today’s post identifies another risk with the bill: the prospect of a trade challenge under the CUSMA that could lead to billions on tariff retaliation that target some of Canada’s most important economic sectors. The possibility of a U.S. trade battle over the bill is no idle speculation even if downplayed this week by an official from Global Affairs. This summer, U.S. Trade Representative Katherine Tai raised the issue directly with Canadian Minister of International Trade Mary Ng. While the Canadian readout of the meeting notably excluded any reference to the issue, it was cited in the U.S. readout of the meeting:
The Bill C-11 Hearings Are Back, Part Three: The Risks of Higher Consumer Costs, Less Competition, and Little New Money for Film Production
The first two posts of this series on Bill C-11 focused on the risks to user content and Canadian creators. This post picks up on the implications of the bill for consumer costs and choice. In short, at a time when political parties are focused on affordability and inflation, the Bill C-11 effect is likely to increase consumer costs and decrease choice. There is no magic solution that results in hundreds of millions of new money entering the system without someone paying for it. It is fairly clear that that someone will be Canadian consumers as streaming services either hike Canadian fees to account for their new costs or shun the market altogether. It should be noted that it doesn’t need to be that way: a bill that establishes thresholds to exclude smaller services would limit the negative effects on competition and a sufficiently flexible approach to Canadian contributions would recognize that the large streaming services already invest billions in Canada.
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