C-11, Online Streaming Act—Debate at second reading in the Senate September 21, 2022

Comments from participants are provided in the original language.

Dennis Dawson, PSG

Comments:

• There has been a great deal of misinformation circulated by the opponents of this bill with little basis in reality or appreciation of the goals of the legislation.
• Collectively, the interested parties have repeatedly recognized the need to modernize the act even though their opinions might differ on the details. In fact, all parties in the other place have signaled that the modernization of the Broadcasting Act is a necessity.
• The government listened to the concerns and feedback from the last session and has updated the bill to address concerns surrounding user-generated content. It was further amended at the committee in the other place to strengthen protections on free speech.
• I cannot express this enough: Freedom of expression in Canada will not be impacted by this act.
• So far, we have repeatedly heard from our creative sector that we need to pass this bill without delay.
• Canadian broadcasters are suffering financial losses because they are being forced to compete on an uneven regulatory playing field. Passing this bill is crucial for sustaining the economic ecosystem for Canadian culture, music and stories.
• Digital disruption has happened, and our legislation must adapt. The reality is that broadcasting has dramatically changed since 1991.
• Streaming services are not presently required to support the broadcasting system as their Canadian broadcasting counterparts are. They are benefiting from the Canadian market but have no obligations to contribute back into it. This is a problem that requires urgent action and one that the online streaming act directly addresses.
• We have heard from critics of this bill that we are trying to fit new technologies into an outdated regulatory model. That could not be further from the truth. The online streaming act would modernize Canada’s broadcasting system, realigning our country’s cultural priorities and future-proofing the framework as new technologies will inevitably arise.
• We must address the regulatory challenge right now by requiring online audio and video broadcasting services to contribute to the achievement of important cultural policy objectives in the same way that traditional broadcasters always have.
• New legislation will shift away from issuing broadcasting licenses to a new conditions-of-service model. This will allow the Canadian Radio-television and Telecommunications Commission, the CRTC, to seek contributions related to the discoverability and showcasing of programs.
• Canada’s music stakeholders have expressed that the bill addresses their need for creative support and their desire to be fairly promoted online. In this framework, broadcasting undertakings, including online undertakings, will be required to make financial contributions to support Canadian music, stories, creators and producers.
• There are two notable themes in the bill that merit some clear and specific mention. They are the treatment of digital-first creators and the recalibrated approach to social media.
• It is disappointing that the opposition continues to speculate wildly on alarming, far-reaching hypotheticals that simply will never happen. Some social media platforms may have to contribute, yes, but the revenues of digital-first creators will not be included in the calculation of social media platforms’ revenues for the purposes of financial contributions. Content from digital-first creators will not face any obligations related to showcasing and discoverability.
• Content uploaded by Canadians on social media platforms, such as Facebook or YouTube, would not face obligations, except in clearly defined circumstances as provided in section 4.2 of the act.
• The legislation includes three factors the CRTC would have to consider in identifying commercial programs. It would consider the amount of revenue generated by the program, whether the program was available on other traditional or online broadcasters, such as Netflix or Spotify, and whether the content had been assigned an international standard code number.
• The proposed amendments in the online streaming act regarding social media will not apply to content uploaded by users or to users themselves. They will only apply to commercial content based on these specific criteria. This responds to the needs of music stakeholders, who stated that platforms that broadcast commercial music must contribute to the system.
• Platforms are in; users are out. This law will never control what Canadians can or cannot see online.
• Canada’s broadcasting sector is facing long-term structural challenges. Without intervention, current trends in the market are expected to result in a decline in the production of Canadian television content by approximately half a billion dollars within the next five years.
• Cultural policy is a main element of this legislation. Ensuring the continued viability of Canadian broadcasting is also about our cultural sovereignty.
• Racialized Canadians, women, LGBTQ2+ persons and persons with disabilities deserve to have the space to tell their stories to other Canadians and to the world. The amendments adopted at the committee in the other place further enshrine the importance of having everyone reflected in our broadcasting system. This bill claims that space and ensures that online streaming platforms contribute to Canadian culture.
• Importantly, this legislation also takes steps to ensure space within our broadcasting system for Indigenous storytelling and Indigenous languages.
• After Royal Assent, the government will issue a policy directive to the Canadian Radio-television and Telecommunications Commission, or CRTC, to indicate our priorities when it comes to putting in place the new regulatory framework. The policy direction has two primary goals. First, it will focus on the importance of consultation and special consideration for the needs of equity-seeking groups. Second, the direction will make clear the areas where regulation is needed, as well as the areas where it should be exercised. After the policy direction is published, all stakeholders, including members of the public, will have ample opportunity to participate in the regulatory process and provide their feedback.
• There will be the publication of the proposed policy direction, followed by public consultation and then the final policy direction.
• The CRTC will have its own public process as it further develops steps to implement the legislation.
• The online streaming act is not about regulating the internet, and it will not affect Canadians’ ability to use the internet. The bill does not apply to the content generated by Canadians on their favorite social media platforms. The CRTC does not and will not have the power or ability to have content removed from an individual’s social media feed or personal website. This is not the purpose of Bill C-11.
• The government will not regulate users or online creators through the bill or policy direction.
• This bill is designed to ensure fair treatment for all broadcasters whether they are online streaming platforms or traditional broadcasters.
• In terms of diversity and inclusion, one of the goals of Bill C-11 is to put diverse and marginalized voices in the spotlight, given that they have historically been underrepresented in the broadcasting system.
• The act must be amended to ensure that broadcasting in Canada evolves with the necessary framework and space for Canadians from francophone, Indigenous and racialized communities or who represent diversity through their ethno-cultural background, socio-economic status, abilities and disabilities. Sexual orientation, gender identity or expression, and age must all be represented.
• I am pleased that amendments adopted in the other place last spring go further in enshrining the importance of Indigenous stories in our broadcasting system.
• This bill emphasizes the importance of Indigenous-controlled broadcasting services and productions. APTN was in front of the committee this week, and strongly supports the passage of this legislation.
• Bill C-11 strengthens original French-language content and production, which should not rely solely on dubbing and subtitling.
• The online streaming act gives a boost to original French-language content and production by stating that Canadian broadcasting must support the production and broadcasting of original French-language programs; that the CRTC must support the availability of Canadian programs created and produced in French; and that the CRTC will have the power to issue terms of service, including terms governing the proportion of original French-language programs.
• The online streaming act includes objectives for francophone and anglophone minority communities. The legislation specifies that any interpretation and implementation of the act must respect the federal government’s desire to enhance the vitality of these communities, support their development and ensure the recognition and use of official languages in Canadian society.
• The CRTC must promote the presentation of programs created and produced by these communities and have their specific needs and interests into account.
• Contrary to the old system, we don’t have those 30% quotas.
• No, there will be no obligation. There will be encouragement. There will be negotiations between the Canadian Radio-television and Telecommunications Commission, or CRTC, and the big players so that they can find ways to put Canadian content, French Canadian content and multicultural content on their platforms.

Scott Tannas, CSG

Comments:

• You mentioned that 61% of Quebecers use a streaming service for music in addition to the radio. But only 8% of the music that they choose is Canadian content.
• So under the rules, would we be empowering some government body to force people to listen to more than 8%? This could be used for Spotify in other parts of the country. For radio, there is a mandatory 30% that must be Canadian content. Is that what is going to happen? Are folks going to be told what to listen to on Spotify because they haven’t listened to enough Canadian content? Can you provide some assurance on that?