The Broadcasting Act blunder series with a continued examination of the “regulate everything ” approach in Bill C-10. A previous post focused on the regulation and registration requirements which make a mockery of the government’s claim that there are no licensing requirements for Internet services since the requirements are little different than what is often found in a licence. Indeed, Section 10(1)(i) gives the CRTC the power to establish regulations that could require all broadcasting undertakings – including online undertakings – to register with the Commission, pay registration fees, and face regulations on Canadian programming, advertising rules, and audit rules. Failure to comply with these regulations carries the possibility of stiff penalties.
Post Tagged with: "crtc"
Broadcast Reform Bill Could Spell the End of Canadian Ownership Requirements
The Broadcasting Act blunder series takes a day off to focus on my Globe and Mail op-ed this week on the decision in Bill C-10 to remove Canadian ownership and control requirements from the Broadcasting Act. The op-ed notes that while Canadian Heritage Minister Steven Guilbeault has told the House of Commons that the bill seeks to safeguard cultural sovereignty, the reality is that it represents a surrender of Canadian ownership and control over the broadcasting system.
The Broadcasting Act Blunder, Day 11: The “Regulate Everything” Approach – Licence or Registration Required
The government’s launch of Bill C-10, the Broadcasting Act reform bill, was careful to note that it was not creating a new licensing system for Internet services. For example, the Canadian Heritage FAQ states “Canadians will still be able to watch all of their favourite programs and access their preferred services. This Bill in no way prevents online streaming services from operating in Canada, or requires them to be licensed.” Previous posts have explored why this is unlikely to be the case with the new rules leading to less consumer choice as services choose to avoid the Canadian market given the new costs and requirements imposed by the government. The Broadcasting Act blunder series continues today with the first of several posts unpacking the shift from licensing to regulation, concluding that for many services, it could be a distinction without much of a difference.
The Broadcasting Act Blunder, Day 10: Downgrading the Role of Canadians in their Own Programming
Canadian Heritage Minister Steven Guilbeault has painted Bill C-10, his Broadcasting Act reform bill, as a big win for Canadian creators, telling the House of Commons that the bill will mean “more opportunities for our creators and talent in the production sector.” The Broadcasting Act blunder series continues today with a closer examination of how the bill alters the way Canada has traditionally tried to ensure that Canadian talent plays a pivotal role in creating that content. It finds that bill actually downgrades the requirements and opens the door to reduced Canadian participation in productions in their own country.
The Broadcasting Act Blunder, Day 8: The Unnecessary Discoverability Requirements
Canadian Heritage Minister Steven Guilbeault has cited the need to improve the “discoverability” of Canadian content as a critical reason to support Bill C-10, his Broadcasting Act reform bill. Speaking of his daughter’s use of digital services, Guilbeault told the House of Commons that the bill “will allow her not only to take advantage of an international offering, but also to discover Canadian content.” While few would oppose ensuring that Canadian content is easy to find and well marketed, the Broadcasting Act blunder series continues today with a look at the evidence on the issue of discoverability, finding there is little to support claims that regulatory intervention for streaming services is needed.
Recent Posts
What Is the Canadian Government Doing With Its Incoherent Approach to TikTok? 
The Law Bytes Podcast, Episode 240: Dean Beeby on Why Canada’s Language Laws May Stop Government From Posting Access to Information Records Online 
Risky Business: The Legal and Privacy Concerns of Mandatory Age Verification Technologies 
Another Canadian Digital Policy Own Goal: Corporate TikTok Ban Leads to Millions in Lost Cultural Group Support 
The Law Bytes Podcast, Episode 239: The Rise and Fall of Canada’s Digital Services Tax
