Post Tagged with: "canadian heritage"

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As Government Moves to Cut Off Bill C-18 Debate, the Reality is Artificial Intelligence Renders Bill Already Out of Date

The Online News Act, the government’s legislative initiative to make Google and Meta pay hundreds of Canadian media companies for links to their news content, is likely to become law before politicians break for the summer later this week. In fact, despite plans for an evening debate on the bill last night, the government interrupted MP Martin Champoux in mid-speech, cut the debate short, and gave notice that it plans to limit debate altogether this week (the irony that the government is cutting off debate on a bill it claims is essential to holding it to account should not be lost on anyone). The bill will likely be passed by the House by mid-week. Since the government is rejecting two Senate amendments, the bill will go back to the Senate for approval.

The lion’s share of attention on Bill C-18 has thus far focused on the response of the two internet companies, as both have raised the prospect of blocking news content on their platforms if faced with new financial liability for linking. Yet my Globe and Mail op-ed argues that focus ignores a vital new reality that may already render the bill out of date.

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June 20, 2023 7 comments Columns
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The Bill C-11 Fallout Continues: Disney+ Pauses Original Commissions in Canada

The fallout from Bill C-11 has been the subject of several posts this week, including the demands from a wide range of services for exceptions to the law and warnings from streaming services such as PBS and AMC that they may block the Canadian market due to the regulatory burden imposed by the law. While those stories focus on the availability of services and content in Canada, a new Variety report points to another negative impact from the bill: less film and television production in Canada, at least in the short term. Throughout the Bill C-11 debate, there were concerns that the large streamers might pause their productions in Canada given the uncertainty over whether they would “count” for the purposes of new CRTC imposed contribution requirements. In other words, the bill could initially lead to less investment in Canada.

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June 16, 2023 10 comments News
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The Fight for Bill C-11 Exemptions Begins: From Adult Content to UFC Fight Pass, Groups Tell CRTC They Want Out

The debate over Bill C-11 was marked by a massive effort from digital creators to urge the government to exclude user content regulation from the scope of the legislation. While Canadian Heritage Minister Pablo Rodriguez misleadingly insisted that user content was not covered by the bill, it took a policy direction to the CRTC (which is still in draft form) after the bill was passed to make that a reality. Many other groups stayed on the sidelines during the Bill C-11 debates, choosing to instead to wait for the CRTC process to make their concerns known. That started this week with the CRTC’s Bill C-11 consultations on registration requirements and potential exemptions (a post on my submission here) with a myriad of well-known streaming services calling on the regulator to establish additional exclusions from Bill C-11’s requirements. 

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June 14, 2023 3 comments News
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The Law Bytes Podcast, Episode 170: The Bill C-18 End Game – What the Senate Heard About the Online News Act

Bill C-18, the Online News Act, heads to clause-by-clause review this week at the Senate Transport and Communications Committee. The committee’s study of the bill wasn’t as extensive as Bill C-11, but it did hear from a very wide range of stakeholders and experts. Last month, I devoted the Law Bytes podcast to my appearance before the committee, including my opening statement and exchanges with various senators. This week’s Law Bytes podcast takes listeners into the committee room for clips from media big and small, independent experts, Google and Meta, and Canadian Heritage Minister Pablo Rodriguez.  

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June 12, 2023 3 comments Podcasts
Wrong Direction by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/2g4TPYt

The Draft Bill C-11 Policy Direction: Canadian Heritage Implicitly Admits What It Spent Months Denying

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.

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June 9, 2023 8 comments News