What online services would be regulated under the new Broadcasting Act? 

The primary text version is presented below the following alternate PDF version.

Regulated

A service would be regulated if the Canadian Radio-television and Telecommunications Commission (CRTC) determines it meets all of the following criteria:

• Carried on in whole or in part in Canada.
• Offers the public audio, visual or audio-visual content intended to inform, enlighten or entertain (e.g. film, TV, music)
• The service has control of the content, and in the case of a social media service, the content is not uploaded by unaffiliated users
• Regulation materially contributes to implementing Canada’s broadcasting policy as set out in the Broadcasting Act.

Examples^{Footnote 1}:

• Netflix/Crave/Ici Tou.tv: curated library of films and series; significant subscriber base
• Spotify: curated library of music and podcasts; significant subscriber base

Some but not all regulated

If the undertaking offers a number of services:

• some of its services would be subject to regulation if the CRTC finds those services meet the criteria of the regulated category
• other services would not be regulated if the CRTC finds they do not meet the criteria for regulation, or they meet the criteria of the “not regulated” category

Examples^{Footnote 1}:

• YouTube: has a social media service where users upload content (not regulated), but also offers original content and other services (e.g. YouTube music) (regulated).
• Facebook: has a social media service where users upload content (not regulated), but also offers original series on Facebook Watch (regulated).

Not regulated

Meets any one of these criteria:

• Predominantly textual content or is not offered to the public

OR

• The service does not have control of the content, or in the case of a social media service, is uploaded by unaffiliated users

OR

• Regulation would not materially contribute to implementing Canada’s broadcasting policy set out in the Broadcasting Act

OR

• Excluded through a possible direction to the CRTC (e.g. video games)

Examples^{Footnote 1}:

• TikTok: operates a social media service where users upload content.
• Le Devoir: online newspaper with textual news articles.
• Steam: online platform offering video games.