Post Tagged with: "canadian heritage"

Pablo Rodriguez tweet, May 3, 2022 https://twitter.com/pablorodriguez/status/1521467518149402624

Standing on a Shaky Foundation: What Lies Behind The Near-Impossible Challenge of Updating Canada’s Outdated Cancon Rules

Canadian Heritage Minister Pablo Rodriguez, who is hosting a culture summit this week in Ottawa, has said that he is open to modernizing the definition of Canadian content and that he is “open to all kinds of suggestions and ideas.” I’ve devoted many posts to the Cancon definition issue (even creating a Cancon quiz), noting that the current system is a poor proxy for “telling Canadian stories.” This system matters since the government’s Internet regulation policies are ostensibly designed to support Canadian content, but if the existing definitions don’t do that, they cannot reasonably be expected to achieve their objectives.

While I’m supportive of Rodriguez opening the door to reform, I have my doubts the government will make any significant changes to the current system. The challenge is that Cancon policy stands on a shaky foundation that is really three policies in one: an economic policy, a cultural policy, and an intellectual property policy. These three policies are often at odds with one another and used by politicians and lobby groups interchangeably to justify mandated contributions, content regulation, and foreign ownership restrictions. When the data doesn’t support one of the policies, they simply shift the discussion to one of the other policy objectives.

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May 4, 2022 8 comments News
The Internet is the Problem by Alex Pang (CC BY-NC-SA 2.0) https://flic.kr/p/dvKhNb

Not an Outlier: What the Government’s Online Harms Secrecy Debacle Says About Its Internet Regulation Plans

My post on the hundreds of submissions to the government’s online harms consultation has garnered significant attention, including a front page news story from the Globe and Mail (I was also pleased to appear on Evan Solomon’s show and the Dean Blundell podcast). The coverage has rightly focused on previously secret submissions such as those from Twitter likening the Canadian plan to China or North Korea and the National Council of Canadian Muslims, who warn that the legislation would have risked constituting “one of the most significant assaults on marginalized and racialized communities in years.” If you haven’t read it, please read my post summarizing some of the key findings or access the entire package that was obtained under the Access to Information Act.

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April 22, 2022 9 comments News
Declassified/Top Secret by Bryan Jones (CC BY-NC-ND 2.0) https://flic.kr/p/6SWKkN

The Rest of the Online Harms Consultation Story: Canadian Heritage Forced to Release Hundreds of Public Submissions Under Access to Information Law

For months, the results of the government’s online harms consultation was shrouded in secrecy as the Canadian Heritage refused to disclose the hundreds of submissions it received. I launched a page that featured publicly available submissions (links reposted below), including 25 submissions from organizations and companies as well as six individual expert submissions. I later followed up with two posts that provided further details on the publicly available submissions (here and here). Earlier this year, Canadian Heritage Minister Pablo Rodriguez released a “what we heard” report that again blocked making the actual submissions public, but provided a summary that left little doubt that the government’s plans were widely criticized and required a policy reset.

In the meantime, I filed an Access to Information Act request to compel disclosure by law of the consultation submissions. It took many months, but this week the department released the results. While some submissions may be excluded – third parties can object on certain grounds – I have obtained hundreds of additional submissions in a 1,162 page file. These can be obtained directly from Canadian Heritage by launching an informal access request at no cost with the department. The file to request is A-2021-00174 (or click here for the full file for the moment).

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April 21, 2022 16 comments News
2017 Freedom of Expression Awards by Elina Kansikas for Index on Censorship https://flic.kr/p/Uvmaie (CC BY-SA 2.0)

Spiking Op-Eds: How the Government’s Online News Act is Already Leading to Media Self-Censorship

Last week, Canadian Heritage Minister Pablo Rodriguez introduced Bill C-18, the Online News Act, a bill that adopts an extreme approach to compensation by requiring payments for merely facilitating access to news in any way and in any amount. As a result, the Canadian government envisions mandated payments not only for copying or reproducing the news or for directly linking to news articles, but also for general links to news sites. But the concerns with Bill C-18 do not end there. The bill threatens press independence in two important respects.

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April 14, 2022 5 comments News
JayWalsh, CC BY-SA 3.0 , via Wikimedia Commons https://commons.wikimedia.org/wiki/File:Sue_Gardner_May_2008_A.jpg

The Law Bytes Podcast, Episode 125: Sue Gardner on Journalism, the Internet Platforms, and the Online News Act

Last week, Canadian Heritage Minister Pablo Rodriguez introduced Bill C-18 – the Online News Act – the second of three planned Internet regulation bills. There is much to unpack about the provisions in the bill including the enormous power granted to the CRTC, the extensive scope of the bill that could cover tweets or LinkedIn posts, the provision that encourages the Internet platforms to dictate how Canadian media organizations spend the money at issue, and the principle that news organizations should be compensated by some entities not only for the use of their work but even for links that refer traffic back to them.

Sue Gardner is the Max Bell School of Public Policy McConnell Professor of Practice for 2021-2022. A journalist who went on to head CBC.ca and later the Wikimedia Foundation (Wikipedia), she is the only Canadian, and the first woman, to have run a global top-5 internet site. She joins the Law Bytes podcast for a conversation about journalism, the Internet platforms, and Bill C-18.

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April 11, 2022 Comments are Disabled Podcasts