Bill C-11’s defenders have typically dismissed concerns about the bill and its implications for freedom of expression as misinformation. When pressed to address the actual substance in the bill, they either insist (wrongly) that the bill excludes user content or, alternatively, that even if it is in, the CRTC is bound by the Charter and requirements to safeguard freedom of expression. The claims about the exclusion of user content from the bill have been exceptionally weak as any reasonable reading of Section 4.2 leads to the conclusion that content is subject to potential CRTC regulation (for example, TikTok has concluded that all videos with music are caught). That regulation can include conditions on “the presentation of programs and programming services for selection by the public”, which means the CRTC can establish regulations on the presentation of content found on Internet platforms (the suggestion that it can’t or won’t watch millions of videos has always been a red herring since it doesn’t need to with a broadly-applicable regulation in place).
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CRTC Ruling Signals How Bill C-11 Could Be Used To Regulate Internet Content
Just one week after Canadian Heritage and CRTC officials provided assurances to a Senate committee that the Commission’s regulatory powers over freedom of expression were constrained by the Charter of Rights and Freedoms, the CRTC yesterday released a ruling in which the majority ignored the Charter altogether in regulating content on Radio-Canada. The decision signals how Bill C-11 could be used to regulate Internet content the CRTC deems contrary to Broadcasting Act policy objectives. It also continues a disturbing trend of revelations that have come in the aftermath of Canadian Heritage Minister Pablo Rodriguez cutting off debate to rush the bill through the House of Commons: officials later admitting that the $1B claim of benefits is merely an “illustrative” estimate, CRTC Chair Ian Scott opening the door to indirect algorithmic regulation, and now the release of a decision on content regulation that dates back to November 2020.
CRTC Chair Ian Scott Confirms Bill C-11 Can Be Used To Pressure Internet Platforms to Manipulate Algorithms
The Senate Standing Committee on Transport and Communications held an exceptionally important hearing as part of its Bill C-11 pre-study (which is about to change into a Bill C-11 study) last night featuring Canadian Heritage officials and CRTC Chair Ian Scott. I will have a second post on the officials, who struggled to provide clear answers to basic questions on everything from how to identify what counts as Cancon for user content (Youtube’s Content ID was suggested) to the absence of thresholds for what is covered by the bill (there are no thresholds and the government wants the ability to also target small streamers). But the key moment of the day came in questioning Scott about the discoverability and the potential for algorithmic manipulation.
Bill C-11 Enters a Danger Zone: Government Shifts from Ignoring Witnesses on User Content Regulation to Dismissing Criticisms as “Misinformation”
The Standing Committee on Canadian Heritage heard from a total of 48 witnesses as individuals or representing organizations during its study of Bill C-11 (excluding the CRTC and government officials). Of those 48, at least 16 either raised concerns about the regulation of user content in the bill or disputed government claims about its effect. Liberal, NDP and Bloc MPs proposed and voted for amendments in Bill C-11 raised by a single witness or organization, but somehow the testimony of one-third of the witnesses, which included creators, consumer groups, independent experts, Internet platforms, and industry associations. was ignored.
The government’s decision to ignore the overwhelming majority of testimony on the issue of regulating user content damages the credibility of the committee Bill C-11 review and makes the forthcoming Senate study on the bill even more essential. But the government went beyond just ignoring witness testimony yesterday in the House of Commons. It now claims those views constitute “misinformation.” Tim Louis, a Liberal MP who is on the Standing Committee on Canadian Heritage and sat through hours of testimony, said this in the House of Commons yesterday:
The Law Bytes Podcast, Episode 130: In Their Own Words – What the Canadian Heritage Committee Heard About Bill C-11 Harms
The debate over Bill C-11 – the Online Streaming Act – seems likely to come to an end this week, at least in the House of Commons. Last week, the government introduced a motion to put an end to committee debate and set tight timelines for any further review or discussion. Before it becomes forgotten, this week’s Law Bytes podcast is devoted to the House committee hearings on the bill with clips from a wide range of digital creators, interest groups, and independent experts on the potential Bill C-11 harms to user content.
The episode features (in order of appearance): CRTC Chair Ian Scott, Canadian Heritage Minister Pablo Rodriguez, Morghan Fortier, Oorbee Roy, Justin Tomchuk, JJ McCullough, Jeanette Patel, Scott Benzie, Patrick Rogers, Matt Hatfield, Michael Geist, Rachael Thomas, John Lewis, Stephane Cardin, Monica Auer.
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