Bill C-11 took a major step forward late last week as the government cut off debate yet again and forced a vote on an amended bill that rejected the Senate’s fix to concerns about user content regulation. The vote has sparked heated debates on social media, including mistaken insistence by some that the bill does not affect user content (it clearly does) or that it will censor what Canadians can say online (it will not). The reality is that Bill C-11 has important freedom of expression implications not because it will limit people’s ability to speak, but because government regulation may affect their ability to be heard. Given those implications – and the government’s inability to cite a credible justification for rejecting an amendment to address the problem by excluding user content from potential regulation – I believe the Senate should send the bill back to the House once more by restoring the amendment.
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The Law Bytes Podcast, Episode 162: Paul Andersen on the Rogers-Shaw Merger and the Disappearing Independent Internet Provider in Canada
Last week, Innovation, Science and Industry Minister François-Philippe Champagne tried to spin his approval of the Rogers-Shaw merger and the enhanced role of Videotron as a win for Canadians, arguing that somehow fewer competitors would lead to greater competition. But in recent months, the Canadian communications landscape has shifted, not only with this merger but also with the gradual disappearance of a half-dozen independent providers who have been swallowed up by the large companies. What does this mean for the wireless and Internet competition in Canada? Is there any hope for consumers for a respite from some of the world’s highest prices? Paul Andersen is the Chair of CNOC – the Competitive Network Operators of Canada – and the President of E-Gate Networks, an independent provider. He joins the Law Bytes podcast to talk about the implications of the merger, the loss of many independent providers and recent leadership changes at the CRTC.
Cutting Through the Noise of the Bill C-11 Debate: Regulating User Content Remains a Reality
The debate on Senate amendments to Bill C-11 continued in the House of Commons yesterday, with hours devoted to MPs from all parties claiming misinformation by their counterparts. There were no shortage of head-shaking moments: MPs that still don’t know that CraveTV is not a foreign streaming service, references to Beachcombers as illustrations of Cancon, comparisons to China that go beyond the reality of the bill, calls for mandated cultural contributions from TikTok even as the government bans the app, and far too much self-congratulation from MPs claiming to have done great work on the bill when the Senate review demonstrated its inadequacy. But buried amongst those comments were several notable moments that illustrated the reality and risks of Bill C-11.
Hey Minister Rodriguez: Canadian Digital Creators Are Not Loopholes
The battle over Bill C-11 is nearing its conclusion as the government introduced a motion in the House of Commons yesterday that rejects the Senate’s amendment that would ensure that platforms such as Youtube would be caught by the legislation consistent with the government’s stated objective, but that user content would not. As I discussed yesterday, the decision leaves no doubt about the government’s true intent with Bill C-11: retain the power and flexibility to regulate user content. In fact, I noted that Canadian Heritage Minister Pablo Rodriguez wasn’t trying to disguise that objective since the justification for rejecting the change boiled down to the government wanting the power to direct the CRTC on user content today and the power to exert further regulation tomorrow.
Government Rejection of Key Senate Bill C-11 Amendment Reveals Its True Intent: Retain Power to Regulate User Content
For more than a year, Canadian Heritage Minister Pablo Rodriguez has clung to the Bill C-11 mantra of “platforms in, users out”. When presented with clear evidence from thousands of digital creators, the former chair of the CRTC, and numerous experts that that wasn’t true, the Senate passed compromise language to ensure that platforms such as Youtube would be caught by the legislation consistent with the government’s stated objective, but that user content would not. Last night, Rodriguez rejected the compromise amendment, turning his back on digital creators and a Senate process lauded as one of the most comprehensive ever. In doing so, he has left no doubt about the government’s true intent with Bill C-11: retain power and flexibility to regulate user content.
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