Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

I can't Afford a Lobbyist, Occupy Irvine, CC BY 2.0 , via Wikimedia Commons

Lobby Harder: Canadian Heritage Minister Pablo Rodriguez Issues Industry Call to Action to Support Bill C-11

Canadian Heritage Minister Pablo Rodriguez appeared at the CMPA’s Prime Time conference last week, calling on the film, TV and broadcast sectors to become even more vocal in defending his Bill C-11. The bill, which has been the top lobbying priority of the sector for years, opens the door to regulating user generated content and asserts jurisdiction over all audio-visual services worldwide. There are several elements worth noting in the question-and-answer session with Rodriguez, not the least of which is the insistence on inaccurately claiming the new bill addresses concerns with regulating user generated content. When asked about the issue, Rodriguez responded:

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February 15, 2022 4 comments News
twitch by Curtis Guy  (CC BY-NC 2.0) https://flic.kr/p/2mjiS5r

Bill C-11’s Foundational Faults, Part One: The Nearly Unlimited Global Reach of CRTC Jurisdiction Over Internet Audio-Visual Services

My initial post on Bill C-11, Canadian Heritage Minister Pablo Rodriguez’s follow-up to Bill C-10, focused on the implications for user generated content. That post – along with this week’s Law Bytes podcast – notes that despite assurances that regulating user generated content is off the table, the reality is that the bill leaves the door open to CRTC regulation. Indeed, the so-called Online Streaming Act features an exception that means everything from podcasts to TikTok videos fit within the CRTC the power to regulate such content as a “program”. While this issue will rightly garner significant attention, it is not the only fault that lies at the very foundation of the bill.

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February 9, 2022 13 comments News
Pablo Rodriguez Twitter, February 2, 2022, https://mobile.twitter.com/pablorodriguez/status/1489039462579453958

The Law Bytes Podcast, Episode 116: Is This Podcast a Program Subject to CRTC Regulation Under Bill C-11?

The government’s Internet regulation plans were back on the agenda last week as a “what we heard report” was released on online harms and Bill C-11 – the sequel to last year’s controversial Bill C-10 – was introduced by Canadian Heritage Minister Pablo Rodriguez. The Law Bytes podcast will devote several episodes to the bill in the coming months. For this week, however, rather than inviting a guest to discuss a bill that people are still assessing, I appear solo and walk through the bill’s provisions involving user generated content. The podcast also highlights several ongoing concerns involving the near-unlimited jurisdictional scope of the bill, the considerable uncertainty for all stakeholders, the misplaced trust in the CRTC, and the weak evidentiary case for the bill.

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February 7, 2022 3 comments Podcasts
Open Door Open by Alan Levine https://flic.kr/p/2fvnJXH (Public Domain)

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”.

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February 3, 2022 26 comments News
year-6786741_1920 by Tumisu https://pixabay.com/photos/year-2022-track-new-year-calendar-6786741/

The Law Bytes Podcast, Episode 113: The Year in Canadian Digital Law and Policy

The past year has been an incredibly active one for Canadian digital law and policy with legislative battles over Bill C-10, controversial consultations on online harms and copyright, important Supreme Court decisions, new digital taxes, and an emerging trade battle with the United States. For this final Law Bytes podcast of 2021, I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from the past year and to think a bit about what may lie ahead next year.

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December 20, 2021 3 comments Podcasts