In 2017, I filed an access to information request with Global Affairs Canada seeking records related to the creation of the WIPO Internet Treaties more than 20 years earlier. The timing of the request was not accidental. The exception for cabinet confidences in the Access to Information Act no longer applies after 20 years and my hope was to gain insights into the government’s thinking during the negotiation process that might have previously been publicly unavailable. The request took a long time to process and the department still withheld many records on a range of grounds. I rarely appeal to the Information Commissioner, but in this case I did. Last week, the Information Commissioner determined that my complaint was well-founded, but Global Affairs and its Minister, Melanie Joly, have thus far refused to abide by the ruling.
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One-Sided Story: Lobbyist Data Shows Music, Movie and Publisher Groups Account For 80 Per cent of Registered Copyright Meetings in Canada Since 2015 Election
Canadian Heritage Minister Pablo Rodriguez travelled to Toronto last week, providing an opportunity for the newly-named minister to meet with cultural groups. With many of the biggest rights holder groups tweeting out the meet and greet (CMPA, Writers Guild, Access Copyright, ACTRA, ACP), the visit sent a signal that the new minister is readily available to hear creator community concerns. While Rodriguez should obviously take the time to meet with all stakeholders, an extensive review of lobbying records related to copyright since the 2015 election reveals that 80 per cent of registered copyright meetings for government officials, including policy makers, political staffers, Ministers and Parliamentary Secretaries, have been with rights holder groups. The behind-the-scenes imbalance runs counter to oft-heard claims regarding the influence of companies such as Google and suggests a diminished voice for education, innovative companies, and users on copyright policy.
Government Memo Suggests Netflix Outspends Canadian Private Broadcasters on Canadian English Scripted Programming
Canadian Heritage Minister Melanie Joly view of cultural policy shifted gears in recent months with her emphasis on the need for all players to contribute and rhetoric on “no free rides”, a position that could lead to taxes on Internet services. While Netflix has been a popular target for many Canadian cultural organizations, according to documents released under the Access to Information Act, Canadian Heritage officials appear to have evidence that Netflix spends more on Canadian English-language scripted programming than the Canadian private broadcasters. The revelations come in a June 2017 internal memo to Graham Flack, the Canadian Heritage Deputy Minister, which respond to correspondence from BCE’s Mirko Bibic. Bibic met with Flack in April 2017 and was concerned with department comments about Netflix outspending Bell.
The CRTC’s Fundamental Flaw: Broadcasting May Be the Internet, but the Internet is Not Broadcasting
Canada’s communications regulator last week reversed decades of policy by recommending that the government implement new regulation and taxation for internet services in order to support the creation of Canadian content. The report on the future of program distribution, which will surely influence the newly established government panel reviewing Canada’s telecommunications and broadcasting laws, envisions new fees attached to virtually anything related to the internet: internet service providers, internet video services, and internet audio services (wherever located) to name a few.
My Globe and Mail op-ed notes with the remarkable popularity of services such as Netflix and YouTube, there is a widely held view that the internet has largely replaced the conventional broadcast system. Industry data suggests the business of broadcasters and broadcast distributors such as cable and satellite companies won’t end anytime soon, but it is undeniable that a growing number of Canadians access broadcast content through the internet.
Math Not Magic: If Melanie Joly Mandates Internet Taxes, Consumers Will Foot the Bill
The government launched its telecom/broadcast review yesterday and the discussion immediately turned to Internet and Netflix taxes. Despite the wide array of issues ranging from net neutrality to the CBC before the newly established panel, for many the focus of its recommendations and the government response will ultimately come down to whether there are new Internet regulations and taxes established to support the creation of Canadian content.
Canadian Heritage Minister Melanie Joly and Innovation, Science, and Economic Development Minister Navdeep Bains both commented on the issue, suggesting divergent priorities.
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