Canadian Heritage Minister Pablo Rodriguez released a “What We Heard Report” on the government’s consultation on online harms earlier today. To the government’s credit, the report is remarkably candid as it does not shy away from the near-universal criticism that its plans sparked, including concerns related to freedom of expression, privacy rights, the impact of the proposal on certain marginalized groups, and compliance with the Canadian Charter of Rights and Freedoms. The report provides a play-by-play of these concerns, leaving little doubt that a major reset is required. The government telegraphed a change in approach with the Rodriguez mandate letter, which explicitly stated that the online harms legislation “should be reflective of the feedback received during the recent consultations.”
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Not Ready for Prime Time: Why Bill C-11 Leaves the Door Open to CRTC Regulation of User Generated Content
Canadian Heritage Minister Pablo Rodriguez introduced the much-anticipated sequel to Bill C-10 yesterday. The minister and his department insisted that the new Bill C-11 addressed the concerns raised with Bill C-10 and that Canadians could be assured that regulating user generated content is off the table. Unfortunately, that simply isn’t the case. The new bill, now billed the Online Streaming Act, restores one exception but adds a new one, leaving the door open for CRTC regulation. Indeed, for all the talk that user generated content is out, the truth is that everything from podcasts to TikTok videos fit neatly into the new exception that gives the CRTC the power to regulate such content as a “program”.
The (Still Secret) Online Harms Consultation: What the Government Heard, Part Two
Last week, I posted on the results of this summer’s online harms consultation, which remains shrouded in secrecy as the Canadian government still refuses to disclose the hundreds of submissions it received. That post focused on the common concerns raised in the submissions as pulled from my ongoing blog post that features links to dozens of submissions that have been independently posted. This second post highlights frequently cited recommendations. These recommendations are particularly important given that the mandate letter for Canadian Heritage Minister Pablo Rodriguez indicates that any online harms legislation “should be reflective of the feedback received during the recent consultations.”
The (Still Secret) Online Harms Consultation: What the Government Heard, Part One
The results of this summer’s online harms consultation remains largely shrouded in secrecy as the Canadian government still refuses to disclose the hundreds of submissions it received. Canadian Heritage Minister Pablo Rodriguez now leads the file, but he has said little about his department’s plans or explained why a public consultation should not feature public availability of the submissions. I have maintained an ongoing blog post with links to dozens of submissions that have been independently posted. While even a cursory review reveals widespread criticism, I’ve worked with the University of Ottawa law student Pelle Berends to do a deeper dive on the available submissions. This first post identifies the common concerns raised in the submissions with a chart breaking down the positions posted below. A second post will highlight frequently raised recommendations.
The Canadian Government’s Groundhog Day Copyright Consultations: The Never-Ending Lobbying Battle for Website Blocking and Weakened User Rights Continues
Copyright did not figure prominently in either the government’s election platform or the Speech from the Throne, but the two departments responsible for copyright policy – Innovation, Science and Industry led by Francois-Philippe Champagne and Canadian Heritage led by Pablo Rodriguez – have both been actively consulting on a myriad of issues this year. The departments just released the submissions they received to one of three consultations on copyright, this one on intermediary liability issues. There was a prior consultation on copyright term extension (expected in some form in 2022 given the obligations under the USMCA) and another on innovation policies such as an exception for text and data mining to support the development of artificial intelligence. I submitted responses to all three consultations (term extension here, AI will be posted shortly).
My submission in the intermediary liability consultation focuses on two main points.
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