The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted. While Canadian Heritage was at pains to emphasize that the draft direction includes instructions that the “CRTC is directed not to impose regulatory requirements on online undertakings in respect of programs of social media creators, including podcasts”, the draft directive confirms that the government misled the public for months on the scope of Bill C-11 and highlights the problem with the CRTC’s rushed effort to establish regulations before the draft policy directive is final. I plan to file a submission by the deadline, but in the meantime offer several thoughts.
Post Tagged with: "canadian heritage"
Extend the Deadline: My Submission to the CRTC on its Deeply Flawed Bill C-11 Consultations
The CRTC’s Bill C-11 consultations are off to a rocky start with mounting concern over short deadlines that may limit public participation and reduce the quality of the submissions. A dozen groups have asked the Commission to extend the deadlines with more groups joining in the call. The deadline for comment on the extension ended yesterday and I navigated an exceptionally difficult consultation process (more on that shortly) to submit the comments posted below. I support the extension but argue that a better approach would be to wait until the government’s policy direction process is final and there is certainty on support for public interest group participation.
The Government’s Epic Bill C-18 Miscalculation on Mandating Payments for Links
Meta executives faced another round of criticism at the Standing Committee on Canadian Heritage yesterday, yet beyond the usual outrage emanating from MPs that have labelled critics as racist or dismissed online news outlets at not news, was the growing realization that the company’s plan to block news sharing in Canada if Bill C-18 passes in its current form may not be a bluff. Meta has adopted a consistent position for months that the bill creates the prospect of unlimited liability for linking to news articles, the vast majority of which are posted by the media companies themselves. Paying for those links is viewed as uneconomic and untenable by the company, which would rather exit news sharing altogether in Canada rather than cough up millions of dollars for links.
Fixing Bill C-18: My Appearance Before the Senate Standing Committee on Transportation and Communication
I was pleased to appear yesterday before the Senate Standing Committee on Transportation and Communication on Bill C-18. The discussion focused on a wide range of issues, including the risks of mandating payments for links, the non-compliance with international copyright obligations, why the CBC should not be included in the payment for links system, and how a fund would be a better approach. My opening statement, which tried to identify some fixes to the bill, is posted below as text and as a Youtube video.
The Bill C-11 Compromise That Never Came
The long legislative road of Bill C-11 comes to an end later today as nearly 2 1/2 years after the original Bill C-10 was first tabled in the House of Commons by then-Heritage Minister Steven Guilbeault, the Senate will vote to approve the bill. I’ve been asked repeatedly this week about what now lies ahead, but I think it is worth one more look back. I have long believed that politics invariably involves compromise as governments look to maximize the political benefit and limit the political risk from any given policy. The emphasis on compromise is why stakeholders rarely walk away entirely happy on most issues that feature a diversity of views, whether it is copyright, privacy, or Internet regulation. Yet with Bill C-11, compromise from the government never came.
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