Canadian Heritage Minister Pablo Rodriguez appeared before the Standing Committee on Canadian Heritage yesterday, using the opportunity to defend Bill C-11 with assurances that concerns about the inclusion of user content within the bill were “unfounded.” As this post unpacks, the denials of content regulation ring hollow as his defence falls apart on close examination of the bill. Numerous witnesses, including digital creators, Internet platforms, and industry associations, have all expressed concerns about the issue. Rather than respond to them, Rodriguez and the government implausibly deny that the issue exists at all.
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Nettwerk Music Group Sounds Alarm Bells on Bill C-11: “It Will Hurt Canadian Artists and Music Companies”
Nettwerk Music Group has long been recognized as one of Canada’s leading independent music companies. Led by Terry McBride, the company has featured label and management clients that include Coldplay, Sarah McLachlan, Dido, and Barenaked Ladies. The company has a reputation for embracing innovation: it was one of the first to drop digital rights management technologies from MP3 music sales and focused on fan preferences in the marketing and distribution of music. Given its role and reputation, when it engages in public policy, government should pay attention.
Yesterday, Nettwerk released a statement on Bill C-11 that is exceptionally critical of the legislative proposal:
CRTC Chair Ian Scott Confirms It Yet Again: Bill C-11 Includes Regulatory Power On User Content
The Online Streaming Act hearings at the Canadian Heritage committee continued yesterday with testimony from several notable witnesses, including CRTC Chair Ian Scott. Scott had appeared before the committee several weeks earlier, confirming that Bill C-11 contains a provision that captures user content regulation, acknowledging that “as constructed, there is a provision that would allow us to do it as required.” That statement would not ordinarily be controversial since the inclusion of user content has been readily apparent since the bill was introduced. I’ve argued that Heritage Minister Pablo Rodriguez has engaged in systematic gaslighting with his insistence that user content is not in the bill. My post on the issue walks through the proposed legislation, noting the “CRTC is empowered to create regulations applicable to user content uploaded to social media services as programs” and focusing specifically on the discoverability rules and their implications.
Scott’s appearance was presumably designed to walk back or soften his earlier statement on user content regulation in the bill. And while he was at pains to suggest that the CRTC faced strict limits in its regulatory power, he once again acknowledged the reality:
Bill C-11 and User Content at the Heritage Committee: The Gaslighting Continues
The Standing Committee on Canadian Heritage continues its hearing into Bill C-11 today with hours of scheduled testimony and witnesses that include Netflix, Youtube, and CRTC Chair Ian Scott. The witness list is becoming notable both for who is not included (a bill called the Internet Streaming Act without TikTok or Amazon or Apple or Roku?!) and who is back for another appearance (Scott will surely face pressure to soften his earlier comment that the user content is included in the bill). For those Canadians that haven’t been paying close attention, I’ve compiled a short video on the hearing thus far, which has featured multiple witnesses confirm their concerns that the bill includes the regulation of user content and Canadian Heritage Minister Pablo Rodriguez pretending that he isn’t paying attention.
The Law Bytes Podcast, Episode 128: Morghan Fortier on Why Canada’s Most Successful Youtube Streaming Company is Worried About Bill C-11
Last week, the Standing Committee on Canadian Heritage started its hearings on the Online Streaming Act with the first of four day-long sessions it has planned for witnesses. Morghan Fortier, the co-founder and CEO of Skyship Entertainment, stole the show that day with insights that demand to be heard. Her company may not be a household name, but it is Canada’s leading Youtube streaming service with millions of subscribers worldwide and billions of views. She joins the Law Bytes podcast to talk about her company, the challenges and opportunities for Canadians in online streaming, and her sector’s concerns with the government’s Bill C-11 legislative plans.
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