Critics say the policy directive will not dissuade concerns of ‘over-broad regulation’ inherent in the act.
The Online Streaming Act will not apply to individual content creators such as podcasters and streamers, according to the
final policy direction for the legislation released by the Department of Canadian Heritage on Nov. 14.
“The sector needs to adapt to where the Canadian public is today. And we know Canadians look for their news and content online,” Heritage Minister Pascale St-Onge told reporters in Montreal on Nov. 14. “This is a really important step to modernize this sector and to make sure that our Canadian voices are strong and alive in the online world.”
The legislation, formerly known as Bill C-11, is intended to modernize Canada’s broadcasting regime by giving the Canadian Radio-television and Telecommunications Commission (CRTC) regulatory powers over the internet. The bill would bring online streaming services such as Netflix, Spotify, and YouTube, under regulation.
The policy direction says that regulatory requirements will not be imposed on social media creators, including broadcasts, as well as “broadcasting undertakings in respect of the transmission of video games.”
The policy framework says the CRTC must impose requirements on broadcasting to ensure it “strongly supports a wide range of Canadian programming and Canadian creators.” It says the requirements, which are to be both financial and non-financial, “must be equitable given the size and nature of the undertaking and equitable as between foreign online undertakings and Canadian broadcasting undertakings.”
It also calls for expenditure requirements to support the creation and availability of programming from indigenous, racialized, and French-speaking communities. The CRTC is encouraged to engage with those communities to solicit comments and input in the regulation of Canada’s broadcasting system.
Furthermore, the CRTC is to periodically update the public on progress being made on “the inclusion and participation of indigenous persons, members of official language minority communities and members of equity-seeking groups and ethnocultural groups in the Canadian broadcasting system.”
CRTC Chairperson and CEO Vicky Eatrides said in a statement that the new policy direction would complement and enhance the CRTC’s efforts to modernize Canada’s regulatory framework. She said this involves launching public consultations to define Canadian content, as well as holding a three-week hearing beginning on Nov. 20.
“As we move forward to implement the new direction, Canadians can expect open, transparent, and respectful consultations leading to timely decisions,” she added.
Critics Dub C-11 ‘Censorship’ Bill
Critics of Bill C-11 have said it would give the CRTC the authority to monitor all online audiovisual content, including smaller content creators. The CRTC would thus have the ability to increase the visibility of some officially recognized Canadian content creators while decreasing the reach of other creators.
The Conservatives have referred to it as a “censorship” bill, with
Tory shadow minister for Canadian Heritage Rachael Thomas saying earlier this year that the legislation was about “censoring Canadians and choosing what they can see, hear, and post online,” and dictating whether or not artists have “access to an audience and to what extent that access is granted.”
“You will be able to continue to listen to and watch the content of your choice,” it said in an online fact sheet. “Our goal is to better support Canadian and Indigenous content and ensure it is available on radio, TV and online streaming services. We have always respected Canadians’ right to freedom of expression.”
University of Ottawa professor Michael Geist, who is the Canada research chair in internet and e-commerce law, has been critical of Bill C-11, saying the fact that a policy direction was needed on the issue of regulating user content proved that “the law as written includes user content.” He added that the federal government rejected a Senate amendment that would have provided protections for user-generated content.
“Today’s final policy direction again demonstrates that the issue was real and it was largely the sustained criticism that pressured the government into a policy direction limiting the application of its own law,”
Mr. Geist wrote in a Nov. 14 blog post. “No amount of gaslighting will change the reality that the Bill C-11 process will be a lengthy one as a result of the government’s legislative choices and the concerns about over-broad regulation will linger throughout.”
The Canadian Press contributed to this report.
