My weekly Law Bytes column (Ottawa Citizen version, homepage version) focuses on the need to adapt Canadian cultural policy to an Internet world. Given our easy access to Hollywood movies and U.S. television programming, it is unsurprising that Canadians have long placed great emphasis on cultural policies. To avoid marginalizing homegrown talent, Canada has set Canadian content as a key objective in the Broadcasting Act, established foreign ownership restrictions within the cultural industries, and safeguarded cultural policies in its international trade agreements.
As a result, Canadian television and radio broadcasters must be Canadian-owned and comply with Canadian content requirements, while funding programs at the federal and provincial level help the Canadian cultural sector compete on the global stage. These policies have enjoyed a measure of success – Canadian musicians and children's television programming are particularly noteworthy in this regard – however the emergence of the Internet and new media is rendering many current policies increasingly irrelevant.
I argue that two pillars of Canadian cultural policy need to be reconsidered.
