As noted in yesterday’s post on CRTC Chair Ian Scott’s upcoming Bill C-11 appearance before the Senate Standing Committee on Transport and Communications, sources indicate that Scott requested the re-appearance in order to “clarify” his earlier remarks. Since those remarks were themselves a clarification of an earlier clarification, there is seemingly no end to Scott’s willingness to try to downplay the regulating of user content provisions that are plainly included in the bill. While the appearance itself raises concerns about government interference at the Commission, it is worth revisiting again what Scott has told both House and Senate committees with regard to Bill C-11.
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Clarifying the Clarification of the Clarification: Why Yet Another Upcoming “Clarification” from CRTC Chair Ian Scott Demonstrates the Risks of Bill C-11 and Government Interference
CRTC Chair Ian Scott returns to the Standing Senate Committee on Transportation and Communications tomorrow for yet another appearance on Bill C-11. According to multiple sources, the appearance came at the Scott’s request, who is seeking yet another chance to “clarify” his earlier remarks. I’m hardly one to criticize multiple committee appearances, but the continued effort to clarify earlier comments smacks of political involvement. Indeed, when combined with the controversial Section 7(7) of the bill, it suggests that the government envisions a permanent erosion of the independence of the broadcast regulator in Canada.
Register Your TikTok Videos at the CRTC?!: Commission Encourages TikTokers To Participate in Future Process on Bill C-11 Content Registration
Even as Canadian Heritage Minister Pablo Rodriguez continues to insist that user content isn’t touched by Bill C-11, the CRTC is sending a different message. In a recent article on how digital creators are contemplating leaving Canada as a result of Bill C-11’s regulation of user content, the CRTC stated:
We strongly encourage interested parties – like TikTok users – to monitor our announcements and participate in public processes. Any decisions on who would have to register and how would only follow those processes, and people should make no assumptions about how the Commission may rule beforehand.
The CRTC and its chair Ian Scott contradicting Rodriguez has been a regular occurrence throughout the Bill C-11 process.
The Bill C-11 Hearings Are Back, Part Three: The Risks of Higher Consumer Costs, Less Competition, and Little New Money for Film Production
The first two posts of this series on Bill C-11 focused on the risks to user content and Canadian creators. This post picks up on the implications of the bill for consumer costs and choice. In short, at a time when political parties are focused on affordability and inflation, the Bill C-11 effect is likely to increase consumer costs and decrease choice. There is no magic solution that results in hundreds of millions of new money entering the system without someone paying for it. It is fairly clear that that someone will be Canadian consumers as streaming services either hike Canadian fees to account for their new costs or shun the market altogether. It should be noted that it doesn’t need to be that way: a bill that establishes thresholds to exclude smaller services would limit the negative effects on competition and a sufficiently flexible approach to Canadian contributions would recognize that the large streaming services already invest billions in Canada.
Misleading on Bill C-11: Why Did the CRTC Sit on the Radio-Canada Decision For Nearly Eight Months?
Days after Bill C-11 passed in the House of Commons, the CRTC released its decision involving Radio-Canada and the use of the N-word in a broadcast. The decision sparked an outcry in Quebec and raised concerns that the Commission did not feel constrained by the Charter of Rights and Freedoms in its decision. Indeed, given that the majority of the Commission ignored the Charter and freedom of expression altogether, the decision signalled how Bill C-11 could be used to regulate Internet content the CRTC deems contrary to Broadcasting Act policy objectives. Two of the lingering questions with the case involved timing and who had been involved: the complaint had reached the CRTC in 2020, yet the decision was released nearly 18 months later only after Bill C-11 passed the House of Commons. I asked the CRTC for the full commission minutes to better understand who was involved in the case and when the issue was debated and decided. The Commission responded that all of this information was only available through the Access to Information Act. While I find this level of secrecy astonishing – there is no reason for the Commission to not publish who was involved in decisions and to make its minutes publicly available by default – I filed the request.