The CRTC recently released its much anticipated decision on Canadian content rules, the first of two decisions that could reshape broadcasting and film/TV production in Canada. The Commission promoted its Cancon approach as offering new flexibility into the system but the fine print matters as some changes may be more restrictive than they appear at first glance. To help make sense of the decision, Len St-Aubin, the former Director General of Telecommunications Policy at Industry Canada, joins the Law Bytes podcast. Len provided consulting services to Netflix until 2020 and has since been an active participant in the debate on Internet policy as part of the Canadian Internet Society.
Post Tagged with: "Cancon"
Quebec’s Streaming Regulation Bill 109: Unconstitutional, Unnecessary, and Unworkable
The federal government’s plans to regulate internet streaming services such as Netflix and Spotify through the Online Streaming Act have been mired in regulatory battles and court cases for many months. My Globe and Mail op-ed notes that the government’s plans finally took a small step forward last month, as Canada’s broadcast regulator, the Canadian Radio-television and Telecommunications Commission, completed weeks of hearings into what counts as Canadian content, or “Cancon.”
Yet in the midst of the latest hearings, the Quebec government threw a monkey wrench into the entire process. Not content to wait for the CRTC process to play out, the provincial government introduced its own streaming regulation bill that is likely to spark a constitutional challenge. Quebec’s Bill 109 contemplates government intervention into how content is presented to subscribers, and would introduce unprecedented quota requirements that could lead to blocked services in Quebec or the removal of thousands of non-French titles from content libraries.
The Law Bytes Podcast, Episode 234: “Solutions Aren’t Going to be Found Through Nostalgia”: Mark Musselman on the CRTC Hearings on Canadian Content Rules
The CRTC recently wrapped up a two-week hearing on the Online Streaming Act that featured most of the usual suspects, though notably not the large streaming services. The Commission grappled with foundational issues such as modernizing the definition of Canadian content, instituting IP requirements, and introducing new discoverability rules into Canada’s broadcasting regulatory framework.
Mark Musselman is a former entertainment lawyer, longtime Canadian movie producer, current PhD student focused on cultural and legal policy, and the author of the White Paper Black Coffee substack. Having appeared many times before the CRTC, he joins the Law Bytes podcast to discuss the recent Cancon hearing, breaking down the major issues of debate and identifying what was missing from the discussion.
Why the Trump Trade Threats Will Place Canadian Digital, Cultural, and AI Policy Under Pressure
If the first salvo fired by U.S. President Donald Trump in the form of a threatened 25-per-cent across-the-board tariff on Canadian goods (excluding energy, which would face a 10-per-cent levy) is a preview of future trade disputes, retaliatory tariffs alone will not solve the problem. Canada will need to turn to eliminating interprovincial trade barriers, rely on European and Asian trade deals to engage in new markets, and prepare for the prospect that long-standing Canadian regulations and market restrictions may face increasing pressure for an overhaul.
My Globe and Mail op-ed argues the need for change is particularly true for Canadian digital and cultural policy. Parliamentary prorogation ended efforts at privacy, cybersecurity and AI reforms and U.S. pressure has thrown the future of a series of mandated payments – digital service taxes, streaming payments and news media contributions – into doubt. But the Trump tariff escalation, which now extends to steel and aluminum as well as the prospect of reviving the original tariff plan in a matter of weeks, signals something far bigger that may ultimately render current Canadian digital and cultural policy unrecognizable.
About Those Bill C-11 Claims About the Risk to Cancon Without Urgent Action…
The debate over Bill C-11 was frequently marked by politician and lobby group claims that failure to act would place the future of Canadian film and television production at risk. While internal government documents admitted that claims regarding the contributions from Internet streaming services understated the actual contributions by failing to account for “unofficial Cancon”, Canadian Heritage Minister Pablo Rodriguez was happy to feed the narrative that the bill was a critical support for an industry in jeopardy.
Profile 2022, the well-regarded annual report on the state of industry funding was released yesterday. It conclusively demonstrates that the claims on the state of Cancon production are wildly exaggerated. Indeed, the data speaks for itself: record production, record Cancon production, record French-language production. Over the past decade – as streaming services has grown in popularity, Canadian film and television production has more than doubled. The following three charts and graphics taken from the Profile 2022 report tell the story. There is no Cancon emergency and no risk to film and TV production in Canada. The Bill C-11 panic over the viability of the sector was little more than a fraudulent lobbyist-inspired talking point with little basis in reality.
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