The Canadian government kicked off its review of the Copyright Act this afternoon with a motion to ask the Standing Committee on Industry, Science and Technology to conduct a study on the issue. The formal launch had been expected for months since the 2012 reforms included a mandatory review of the law every five years. Lobby groups have been steadily gearing up for the review, with some hoping to undo some of the balancing provisions of the last reform process or demanding new restrictions. Indeed, restrictions on fair dealing, takedown rules, website blocking, and copyright term extension will undoubtedly figure prominently in the lobby playbook. Yet for millions of Canadians, the copyright review offers an opportunity to ensure that the law meets the needs of education, innovation, consumer rights, and creators with more flexibility in the form of fair use and restoring neutrality on Canada’s restrictive digital lock rules.
Post Tagged with: "joly"
Digital Cancon, the Sequel: CRTC Broadcast Consult Sparks Demands for Everything from Internet and iPod Taxes to Website Blocking to Abandoning Net Neutrality
Canadians could be forgiven for thinking that the policies associated Cancon in a digital world largely wrapped up with the release of the government’s policy in September. Canadian Heritage Minister Melanie Joly spent months crisscrossing the country, meeting with hundreds of stakeholders, and ultimately delivering a high profile policy that featured the much-debated Netflix commitment alongside various plans to support the sector. While Joly also promised reviews of the Broadcasting Act, Telecommunications Act, and Copyright Act, she puzzlingly re-opened the very issue she had just decided by issuing an Order-in-Council to the CRTC to examine (yet again) policies associated with broadcasting.
Canadian Heritage Minister Joly Hints Many Cultural Groups Don’t Comply With Lobbyist Reporting Rules
Canadian Heritage Minister Melanie Joly appeared before the Standing Committee on Canadian Heritage yesterday, facing questions from MPs on a range of digital culture issues. In light of reports this week on lobbying efforts by Internet companies, Joly was asked about meetings with companies such as Google. Joly defended her interactions by noting that the meetings included discussions on Canadian content and emphasizing that she has had hundreds of meetings with cultural groups. That isn’t particularly surprising, but what should raise concerns was her suggestion that the groups rarely register the meetings in the lobbyist registry as required by law.
Joly told the committee:
the reality is that it’s very rare that the cultural sector registers with lobbyists. I’ve had many more contacts with the cultural sector. I’ve had tens, hundreds of meetings with them throughout the country, in French or in English…I’ve had many more meetings with them than the platforms.
Government Rejects Call for an Internet Tax: “Conflicts With Principle of Affordable Access”
The federal government yesterday released its response to the Standing Committee on Canadian Heritage report on local media released last June. The most controversial recommendation in that report – one swiftly rejected by Prime Minister Trudeau – was a call for a new Internet tax to help fund Canadian media and the creation of Cancon. As I wrote at the time, the proposal is a terrible idea that runs counter to important policy objectives of fostering affordable network access for all Canadians.
The government response, signed by Ministers Joly, Bains, and Morneau, rightly notes that “access to affordable broadband Internet, particularly in rural and remote regions, is essential to the participation of the Canadians in the digital economy.” In light of this policy priority, the government firmly rejects the Internet tax proposal, grounding its decision in the principle of affordable access:
Think There Should be a Netflix Tax?: Why There is Nothing Stopping Canadian Subscribers From Paying Today
The ongoing furor over Netflix taxes remains one of oddest and most poorly understood public policy debates in recent memory. Part of the problem is that a “Netflix tax” has long been used to mean different things to different people. When first raised by the Conservative government, the issue had nothing to do with sales tax. Rather, a “Netflix tax” was a reference to a mandated contribution to help fund Canadian content, a position supported by various cultural groups and some provincial governments. The no-Netflix tax position took hold, however, and all three major parties adopted the position that they would not mandate contributions from online service providers such as Netflix.
More recently, the debate has shifted to Netflix tax as a sales tax with the goal of creating a “level playing field.” I tried to debunk the level playing field claims in this post and on Canadaland, but the claims of the need for a level playing field and sales tax continues. Yesterday, the NDP stated:
Recent Posts
The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law 
Debating the Online Harms Act: Insights from Two Recent Panels on Bill C-63 
The Law Bytes Podcast, Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act 
AI Spending is Not an AI Strategy: Why the Government’s Artificial Intelligence Plan Avoids the Hard Governance Questions 
The Law Bytes Podcast, Episode 198: Richard Moon on the Return of the Section 13 Hate Speech Provision in the Online Harms Act
