The Liberals led by Prime Minister Justin Trudeau were first elected in 2015 on a platform that emphasized transparency, consultation, and innovation. The signals were everywhere: it released ministerial mandate letters to demonstrate transparency, renamed the Minister of Industry to the Minister of Innovation, Science and Economic Development to point to the importance of an innovative economy, and soon after the cabinet was sworn in, Canadians were awash in public consultations (I recall participating in an almost instant consult on the Trans Pacific Partnership). With promises of entrenching net neutrality, prioritizing innovation, focusing on privacy rather than surveillance, and supporting freedom of expression, the government left little doubt about its preferred policy approach.
As I watched Canadian Heritage Minister Steven Guilbeault yesterday close the Action Summit to Combat Online Hate, I was left with whiplash as I thought back to those early days. Today’s Liberal government is unrecognizable by comparison as it today stands the most anti-Internet government in Canadian history:
- As it moves to create the Great Canadian Internet Firewall, net neutrality is out and mandated Internet blocking is in.
- Freedom of expression and due process is out, quick takedowns without independent review and increased liability are in.
- Innovation and new business models are out, CRTC regulation is in.
- Privacy reform is out, Internet taxation is in.
- Prioritizing consumer Internet access and affordability is out, reduced competition through mergers are in.
- And perhaps most troublingly, consultation and transparency are out, secrecy is in.
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Last year, the Australian government presented Google and Facebook with an ultimatum: if the companies wanted to continue to allow users to link to news articles, they would be required to compensate news organizations. The Australian plan called for the creation of a mandated code that would create a process to determine the price to be paid for the links. Facebook’s response made it clear that if that was the choice – links with mandated payments or no links – it would choose the latter and block Australian news sharing from its service. While some described this as a threat (including Canadian Heritage Minister Steven Guilbeault) or a bluff, it turns out the company was serious.
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Kevin Crull, Bell Media’s President delivered a much-anticipated keynote speech at the Prime Time in Ottawa conference on Friday. Titled “The New Reality: Broadcasting in Canada”, Crull’s claim was that the new reality for broadcasting in Canada is unsustainable and requires massive regulatory change. While Crull argued that Bell doesn’t want protection (in fact, incredibly claimed that a company that has benefited from foreign investment restrictions, genre protection, and simultaneous substitution has never had protection), he proceeded to outline a series of radical reforms that would raise television fees, block access to U.S. channels, violate net neutrality rules, and make Netflix less attractive to consumers. Couched in terms of “level playing fields” and “secure rights markets”, the speech was fundamentally an admission that given the competitive challenges, Bell’s hope is for a regulatory overhaul.
The key slide within the presentation can be found here. Crull certainly spoke about creating great content, though on the previous day Bell executives cautioned against programs that are “too Canadian.” The major focus of Crull’s talk wasn’t on content creation – the overwhelming majority of Bell Media’s leading programs are licensed from U.S. broadcasters – but rather on proposed changes to the regulatory framework.
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