Post Tagged with: "canadian heritage"

Speech is Silver by Brian Talbot (CC BY-NC 2.0) https://flic.kr/p/mU9hE

Unequal Speech: How to Explain the Contradictory Criticism of the CRTC Radio-Canada Decision and Support for Bill C-11

The controversy over the CRTC’s Radio-Canada decision involving its repeated use of the N-word has continued to grow with Quebec-based politicians – including the governing CAQ and the Liberal Party of Quebec – warning of censorship and calling on Canadian Heritage Minister Pablo Rodriguez to reverse the CRTC decision. The outpouring has left me struggling to reconcile the seeming hypocrisy of politicians who warn about the dangers of CRTC speech regulation even as they have been the most ardent supporters of Bill C-11, eager to pass resolutions that call on the federal government to enact legislation empowering the CRTC to regulate user content.

My initial take in a tweet was that this reflects a demand to protect their own speech even as there is a willingness to sacrifice the speech of others in return for a Youtube payoff. On reflection, however, I think there is more at play. Before explaining, it bears mentioning that months of assurances during the Bill C-11 hearings that the CRTC does not engage in speech regulation were patently false.

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July 7, 2022 — 8 comments — News
this is your wake up call by Jenny Cestnik https://flic.kr/p/6Ziqfe (CC BY-ND 2.0)

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).

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July 5, 2022 — 8 comments — News
The algorithm is gonna get you by Duncan C https://flic.kr/p/2kzyYQ7 (CC BY-NC 2.0)

CRTC Chair Ian Scott Confirms Bill C-11 Can Be Used To Pressure Internet Platforms to Manipulate Algorithms

The Senate Standing Committee on Transport and Communications held an exceptionally important hearing as part of its Bill C-11 pre-study (which is about to change into a Bill C-11 study) last night featuring Canadian Heritage officials and CRTC Chair Ian Scott. I will have a second post on the officials, who struggled to provide clear answers to basic questions on everything from how to identify what counts as Cancon for user content (Youtube’s Content ID was suggested) to the absence of thresholds for what is covered by the bill (there are no thresholds and the government wants the ability to also target small streamers). But the key moment of the day came in questioning Scott about the discoverability and the potential for algorithmic manipulation.

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June 23, 2022 — 23 comments — News
Senate Chamber, Canadian Parliament Centre Block by Tony Webster (CC BY 2.0) https://flic.kr/p/ouR8kb

My Appearance Before the Senate Transport and Communications Committee on Bill C-11: The Senate Starts Review As Bill Receives House Approval

The Senate Standing Committee on Transport and Communications started its Bill C-11 pre-study yesterday just hours before the the bill passed third reading in the House of Commons. The bill quickly moved to first reading in the Senate, though at this stage it would appear that there will be just one more hearing involving departmental and CRTC officials before the summer recess. The House vote was widely expected as the government received support from the NDP on several occasions to limit debate. The Bloc and Green MP Elizabeth May also supported the bill, while it was opposed by the Conservatives and Green MP Mike Morrice.

I was pleased to appear before the Senate committee together with former CRTC Chair Konrad von Finckenstein as part of its first panel of the day. The questions and answers touched on a wide range of issues including discoverability and public support for the sector. My opening remarks are posted and embedded below:

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June 22, 2022 — 1 comment — News
Functioning Democracy by Adrian McEwen (CC BY 2.0) https://flic.kr/p/oqaANk

The Law Bytes Podcast, Episode 131: The Bill C-11 Clause-by-Clause Review – What “An Affront to Democracy” Sounds Like

Last week, the Standing Committee on Canadian Heritage rushed through the clause-by-clause review of Bill C-11 in a manner that should not be forgotten or normalized. Despite the absence of any actual deadline, the government insisted that just three two hour sessions be allocated to full clause-by-clause review of the bill. Once the government-imposed deadline arrived at 9:00 pm, the committee moved to voting on the remaining proposed amendments without any debate, discussion, questions for department officials, or public disclosure of what was being voted on. This week’s Law Bytes podcast features clips from a hearing that one Member of Parliament described as “an affront to democracy”.

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June 20, 2022 — 1 comment — Podcasts
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