The future of Canadian communications law has emerged as political hot potato in recent weeks with political parties engaged in finger pointing over who is acting – or failing to act – on issues closely aligned to cultural policy. Just prior to the election call, Dwayne Winseck, a professor at Carleton who has been one of Canada’s most prominent experts on communications and cultural policy, joined the podcast to provide his take on the initial report from the Broadcasting and Telecommunications Legislative Review Panel, the tech-lash against companies such as Google and Facebook, and what the numbers tell us about the state of media and advertising in Canada.
Post Tagged with: "communications"
The LawBytes Podcast, Episode 26: There Is No Crisis – Dwayne Winseck on the State of Canadian Communications, Media and Cultural Policy
Sunlight on the Submissions: Why the Broadcasting and Telecommunications Legislative Review Panel Should Reverse Its Secretive Approach
The Broadcasting and Telecommunications Legislative Review panel’s surprising decision to keep the 2,200 public submissions secret for months has had immediate repercussions. Some organizations are refusing to disclose their submissions until the panel does and others have noted the missed opportunity for public discussion of a vitally important issue. To date, about 30 submissions have been posted, a tiny percentage of the total. The decision has had an impact on university courses and predictably created an information asymmetry with some companies cherry-picking who gets to see their submission.
Why So Secret?: Government’s Communications Law Panel Plans to Keep Public Submissions Under Wraps for Months
The deadline for submissions to the government’s Broadcasting and Telecommunications Legislative Review Panel passed last week. I posted my submission yesterday, joined by several other organizations representing differing perspectives (CRTC, CBC, Friends of Canadian Broadcasting, Writers Guild of Canada, Internet Society Canada Chapter, CMCRP). However, public availability of submissions will apparently be the exception for the foreseeable future. The panel has rejected an open and transparent policy making process in which public submissions are publicly available, choosing instead to keep the submissions secret for months.
All About the Internet: My Submission to the Broadcasting and Telecommunications Legislative Review Panel on the Future of Canadian Communications Law
The deadline for submissions to the Broadcasting and Telecommunications Legislative Review Panel closed on Friday with a handful of organizations such as the CRTC, CBC, and Friends of Canadian Broadcasting posting their submissions online. My full submission can be found here. I argue that Canada’s regulatory approach should be guided by a single, core principle: communications policy, whether telecommunications or broadcasting, is now – or will soon become – Internet policy. This emerging communications world is mediated through the Internet and communications regulatory choices are therefore fundamentally about regulating or governing the Internet. My submission identifies four goals that should guide Canadian communications law and regulation:
1. Universal, affordable access to the network
2. Level regulatory playing field
3. Regulatory humility
4. Fostering competitiveness in the communications sector
The executive summary on each of the four issue is posted below, followed by a list of 23 recommendations contained in the submission. In the coming days, I’ll have posts that unpack some of the key issues.
Government’s Telecom/Broadcast Review Sets Up Internet Taxes and Regulation As a 2019 Election Issue
The government unveiled the members of its telecom and broadcast review panel this morning setting the stage for Internet access taxes, Netflix regulation, and the imposition of cultural policies on telecommunications to emerge as a 2019 election issue. The new panel will be chaired by Janet Yale, who brings experience from both telecommunications and broadcasting to the role. The remaining six panel members line up nicely as telecom nominees (Hank Intven, my colleague Marina Pavlovic, and Monica Song) or broadcast nominees (Peter Grant, Monique Simard, and Pierre Trudel).
The leaked coverage this morning paints the panel as an effort to redraft broadcasting regulation with Internet companies such as Netflix and Facebook firmly in the government sights. Yet the reality is far more complex with terms of reference that touch on a wide range of telecom and broadcast issues. The Canadian Heritage perspective may be focused on broadcast and Internet regulation (despite repeated assurances that there is no support for new Internet taxes), but the ISED view will be focused on competition, consumer issues, and net neutrality. Last week’s CRTC report provides momentum for Internet taxes and regulation, however, the government has yet to provide much of a response. Indeed, the instructions to the panel reflect the departmental tensions with language that supports both sides and questions that touch on everything from consumer protection to the CBC.