The Canadian government has responded to three reports focused on digital policies from the Standing Committee on Canadian Heritage, shedding new light on potential future policies and priorities. The three reports – on tech giants, local media, and harms caused by illegal sexually explicit materials posted online – recommended a wide range of measures that include new laws, regulations, and government programs. The government sidesteps some of the recommended legislative reforms in its responses signed by Heritage Minister Marc Miller, suggesting limited interest in committing to broad-based platform liability rules.
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We Need More Canada in the Training Data: My Appearance Before the Standing Committee on Canadian Heritage on AI and the Creative Sector
The government, led by AI Minister Evan Solomon, is currently conducting a short consultation on AI regulation that has attracted criticism for its short time frame. At the same time however, the Standing Committee on Canadian Heritage has been working through a study on AI and the creative sector that may be more limited in scope, but has featured a broader range of perspectives. I had the opportunity to appear before the committee yesterday where I lamented that too often debates on new technology is framed “as a threat, emphasizes cross-industry subsidies, and misses the opportunities new technology presents. We therefore need risk analysis that rejects entrenching the status quo and instead assesses the risks of both the technology and the policy response. I’ll post the full discussion (which ventured into AI transparency, copyright, the news sector, and much more) in a future Law Bytes podcast episode. In the meantime, my opening statement is embedded and posted below.
Why the Conspiratorial Responses to Canada’s Antisemitism Guide Demonstrate Its Necessity
Delegates from dozens of countries gathered nearly 25 year ago in Stockholm, Sweden for the Stockholm International Forum, where they affirmed a global commitment to combatting racism, antisemitism, ethnic hatred, and ignorance of history. That meeting sparked what became a 16-year open process to develop much-needed anti-racism tools, including the creation of the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism.
Antisemitism is generally understood as a certain perception of Jews that veers into hatred, but specific examples can be helpful for those seeking to apply policies in the workplace, codes in educational environments, or standards for government funding programs. The IHRA definition, which is non-legally binding, seeks to fill the void by including both general principles and specific examples. It has struck a chord with endorsements from 45 countries and hundreds of provincial and local governments. And Canada has been a leader in this regard: the federal government adopted it in 2019 as part of its anti-racism strategy and the majority of provinces have followed suit with their own support measures.
Combatting antisemitism should not be controversial, yet a new Canadian effort to provide governments, businesses, and schools with greater clarity on implementing the IHRA definition has sparked opposition from the NDP and even outrage in some quarters.
The Law Bytes Podcast, Episode 205: Len St-Aubin on What the CRTC’s Internet Streaming Ruling Means For Creators, Competition and Consumer Costs
Last week, the CRTC released its much-anticipated Bill C-11 ruling on the initial mandated contributions from Internet streaming services. While the government focused on the requirement to contribute 5% of Canadian revenues, a closer look revealed the CRTC largely ignored industry data and the actual contributions from Internet streaming services and seemed entirely unconcerned by the effects on competition and consumer costs. Len St-Aubin is the former Director General of Telecommunications Policy at Industry Canada and played a role in the development of both the Broadcasting Act and Telecommunications Act. He provided consulting services to Netflix until 2020 and has since been an active participant in the debate on Internet policy. He joins the Law Bytes podcast to talk about the CRTC ruling, the state of TV and film production in Canada, and what may lie ahead for the streamers, creators, and consumers.
Pay Up and Shut Up: How The CRTC Has Removed Canadians From Broadcast and Internet Policy
Last December, I appeared before the CRTC as part of Bill C-11 hearings, where I emphasized the need for the Commission to pay attention to competition, consumer choice, and affordability. My takeaway from that appearance was that “my intervention met with skepticism from some Commissioners who see their role as guardians of the broadcasting system on behalf of longstanding beneficiaries with little regard for the impact on consumers or the risks to competition.” It turns out that was a pretty good read of the situation as this week’s Bill C-11 streaming ruling acts as if consumers, competition, and affordability are irrelevant issues that are at best someone else’s concern. The result is that Canadians has been largely removed from broadcasting and Internet policy at the regulator, expected to pay up and shut up.
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