Cabinet has rejected a Senate amendment to Bill C-11 related to user-generated content. C-11 is the Liberals’ controversial legislation that aims to regulate certain areas of the internet in Canada.
The Senate’s proposed amendment to the bill was meant to protect user-generated content on social media and open-creator platforms like YouTube from the regulating power of the Canadian Radio-television and Telecommunications Commission (CRTC).
However, Heritage Minister Pablo Rodriguez
wrote in a notice of motion on March 7 that the government would be rejecting the amendment because it “would affect the Governor in Council’s ability to publicly consult on, and issue, a policy direction to the CRTC to appropriately scope the regulation of social media services with respect to their distribution of commercial programs.”
Rodriguez also wrote the amendment would have prevented Canada’s broadcasting system “from adapting to technological changes over time.”
Bill C-11, also known as the Online Streaming Act, will amend the Broadcasting Act to give the CRTC regulating authority over online platforms like Netflix and Spotify to require them to contribute to Canadian content rules or else face steep penalties.
The Senate passed the bill on Feb. 2 after making 26 amendments, a number of which the Liberal government has now rejected.
Criticism
Bill C-11 has drawn criticism from a number of online stakeholders and advocacy groups.Representatives from online streaming giants like Spotify and Disney
previously testified before the Senate communications committee that the bill was too narrow in its definition of Canadian content—a sentiment that was echoed by the U.S. federal government.
U.S. Trade Representative Katherine Tai
said in November 2022 that she was concerned the bill would “discriminate” against American businesses, and the U.S. Embassy raised similar concerns in a statement to The Canadian Press in January.
OpenMedia, an internet advocacy group who previously had representatives testify before the Senate communications committee about Bill C-11, has also expressed concern about the pending legislation.
“Promoting Canadian content is a worthy objective—but it shouldn’t come by overruling our content choices,”
the organization wrote on Feb. 15.
OpenMedia
also said on Twitter on March 7 that it is “stunned and furious” that the federal government rejected the Senate’s amendment to C-11 regarding user-generated content.
Rodriguez said on Feb. 2 that Bill C-11 is a necessary step to give Canadian artists and content creators a “level playing field” with American-based media producers and organizations.
“I want this bill to strengthen our system,”
he said.“I want a modern bill,” Rodriguez added. “Things have changed, things have evolved, and the bill has to adapt to the reality.”
