Post Tagged with: "Cancon"

Coteau tweet, https://twitter.com/coteau/status/1508910388045361152

Why Has the Government’s Defence of Bill C-11 Been So Cartoonishly Misleading?

Bill C-11, the Online Streaming Act that serves as the government’s follow-up to Bill C-10, was the subject of debate in the House of Commons yesterday as the legislation slowly makes it way through the legislative process. There are still committee hearings to come, but it is readily apparent that many of the concerns that hamstrung Bill C-10 have returned: virtually limitless jurisdictional, overbroad scope, and harmful discoverability provisions. Further, this bill has attracted mounting criticism from Canadian digital-first creators, who note that one of Canada’s biggest cultural exports could be hurt by the bill leading to millions in lost revenues.

While none of these concerns should come as a surprise, what is surprising is how ill-prepared the government appears to be address the criticisms. Indeed, the communications strategy seems based primarily on presuming that Canadians won’t bother to read the legislation and will therefore take misleading assurances at face value. Consider the latest attempt to assuage concerns: a cartoon of Canadian Heritage Minister Pablo Rodriguez providing an assurance that the bill’s changes won’t affect individual Canadians since “the changes only apply to companies.” That cartoon sparked an instant mashup that pointed to the direct effects on digital first creators. Further, the changes don’t apply only to companies. Bill C-11 treats all audio-visual content as programs subject to potential regulation. With exceptions that could easily capture TikTok or YouTube videos, the bill is about far more than just large companies.

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March 30, 2022 25 comments News
Gotta Love Trump https://invictus-tv.com/gotta-love-trump

Bill C-11’s Foundational Faults, Part Five: How is “Gotta Love Trump” Cancon But Amazon’s Toronto Maple Leafs Series Isn’t?

My series on Bill C-11’s foundational faults has covered jurisdictional over-reach, the implications of treating all audio-visual content as a “program” subject to CRTC regulation, as well as the flaws and harms of the discoverability provisions. While the faults thus far focus on provisions contained in the bill, this post examines a critical aspect of broadcast and cultural policy that the government has failed to address. The bill purports to support “Canadian stories” but the current system often means that certified Cancon has little to do with Canada and fails to meet those objectives. Case in point: the certification of Gotta Love Trump, a film primarily comprised of pro-Trump clips that include Trump’s photographer, a former Apprentice contestant, Roger Stone, Candace Owens, and a cast of others with scarcely anything resembling Canadian content.

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March 16, 2022 10 comments News
Youtube screen shot

Bill C-11’s Foundational Faults, Part Three: Why the Discoverability Rules Are a Flawed Solution in Search of a Problem

My prior posts on the foundational faults in Bill C-11 focused on the virtually limitless reach of the CRTC’s jurisdictional power over audio-visual services and the risks of treating all audio-visual content as a “program” subject to potential regulation. This post – the first of two on the subject – explains why the discoverability rules that purport to better promote Canadian content are a flawed solution in search of problem that will actually make things worse for Canadian creators.

The discoverability provision, which grants the CRTC the power to establish discoverability requirements as a condition on Internet services, states at Section 9.1(1):

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March 10, 2022 10 comments News
Out of Time [206/366] by Tim Sackton https://flic.kr/p/cEkpgG (CC BY-SA 2.0)

Guilbeault’s Gag Order, the Sequel: Time Running Out as Government Seeks to End Debate on Bill C-10 in the House of Commons

Fresh off imposing a five-hour gag order on committee debate on Bill C-10 and rushing through a secretive process in which dozens of amendments were passed without any debate, discussion or even disclosure of the amendments, the government is back for a gag order sequel. Yesterday, the Liberal government introduced another motion, this one designed to limit debate even further: one hour for debate at the report back stage and 75 minutes at third reading. In other words, less than 2 1/2 hours total for debate on the bill in the House of Commons. The motion was introduced before the updated Bill C-10 was even posted online, though it is now available.

The move led to hours of discussion on the motion last night, leading to a consistent drumbeat from Liberal, NDP and Bloc MPs, who kept asking what was in the bill that presented a concern for a freedom of expression. Left unsaid, is that at least part of the answer is what is not the bill:

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June 15, 2021 7 comments News
One Billion Dollars by Matt Brown (CC BY 2.0) https://flic.kr/p/pq2SsN

The Broadcasting Act Blunder, Day 16: Mandated Payments and a Reality Check on Guilbeault’s Billion Dollar Claim

The Broadcasting Act blunder series has identified many of the negative consequences stemming from Bill C-10: the beginning of the end of Canadian broadcast ownership requirements, downgrading the role of Canadians in their own productions, risks to Canadian intellectual property ownership, trade retaliation by the U.S., potential capture of news sites and smaller streaming services, and less consumer choice as services work to avoid the costly Canadian regulatory requirements. Yet for some these costs will still be worth it since their singular goal is to mandate that foreign streaming services contribute funding toward Canadian film and television production. Indeed, Canadian Heritage Minister Steven Guilbeault has made this the centrepiece of his “get money from web giants” strategy claiming that this will result in a billion dollars a year by 2023 in new funding. As this post documents, those claims massively exaggerate the likely funding impact.

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December 11, 2020 5 comments News