The Canadian Broadcast Standards Council has ruled that a news broadcast that jokingly criticized Canadian content violates the Canadian Association of Broadcasters’ (CAB) Code of Ethics and the Radio Television Digital News Association of Canada’s (RTDNA) Code of Journalistic Ethics. The complaint arose from a December 2019 broadcast on Toronto radio station CFRB. David McKee used his lead-in to a report on a possible Netflix tax to state “the libraries of streaming services like Netflix, Disney+ could soon have more of a Canadian flavour that nobody watches or wants if the federal government gets its way.”
Post Tagged with: "Cancon"
No Opinions Permitted: Broadcast Panel Rules Jokingly Criticizing Canadian Content During Radio News Segment Violates Code of Ethics
Cultural policy in Canada can be contentious, but there is one issue – support for Canadian content or Cancon – that unsurprisingly enjoys near unanimous backing. Given the economic benefits, federal and provincial policies encourage both domestic and foreign film and television production in Canada, but there is a special place for certified Canadian content, which is typically defended on the basis of the need to support cultural sovereignty by promoting “Canadian stories.”
Ontario’s Record Breaking, Multi-Billion Dollar Film Production Year: “A Healthy Balance Between Domestic and Foreign Production”
The Broadcast and Telecommunications Legislative Review Panel report justifies its call for a massive overhaul of Canadian communications law – with increased consumer costs, violation of net neutrality, CRTC intervention into discoverability, and USMCA violations – due in large measure to concerns about support for the creation of Canadian content. I previously blogged about how the panel did not disclose – in either its report or subsequent comments – results of benchmarking research on the Canadian television production sector it commissioned from Nordicity. That report reveals that Canada ranks first among peer countries with respect to television production per capita, domestic television production (ie. Cancon or equivalent domestic production) per capita, hours of television production, and employment.
Last week, Ontario Creates, the Government of Ontario’s agency for cultural creation, released new data that reinforced how the panel’s claims regarding the state of Canadian film and television production are not supported by industry data. Ontario Creates touted a “record breaking year” for Ontario’s film and television production sector, citing more than $2 billion in production spending for 343 productions. Of the $2.1 billion, there was a near-even split between domestic and foreign production: $1.1 billion in foreign production and $1 billion on domestic productions.
The Motion Picture Association – Canada this week promoted the Canadian link to Sonic the Hedgehog movie, the top grossing movie in the world at the moment. Much of the movie was filmed in British Columbia, generating millions in production spending and creating nearly 1,500 jobs. Normally, this would be viewed as a good news story and indicative of the global competitiveness of film and production in Canada. Yet the Broadcast and Telecommunications Legislative Review Panel report downplays the importance of this production, crafting policy recommendations that emphasizes the importance of supporting Canadian stories as a critical aspect of its approach.
Indeed, the willingness to violate net neutrality norms, impose discoverability requirements, and establish a global levy system for websites and services around the world is primarily based on the argument that Canadian policy must work to promote the production of Canadian content. This policy goal is framed as the need for Canada “to continue to assert its cultural sovereignty and Canadians can continue to express their identity and culture through content.”
The LawBytes Podcast, Episode 38: Debating the Broadcast Panel Report – A Conversation with BTLR Panel Chair Janet Yale
The release of the much-anticipated Broadcast and Telecommunications Legislative Review Panel report late last month sparked a torrent of discussion and debate. The 235 page report – often referred to as the BTLR or Yale Report – features 97 recommendations that covers telecom, broadcast, the future of the CBC, online harms, digital taxation, and a myriad of other issues. Janet Yale, the panel chair, joins the podcast this week to talk about the report. Our wide ranging conversation touches on the policy objectives of the panel, the news regulation concerns, net neutrality, consumer costs, and what may lie ahead for communications law reform.