Creators blast McQueen’s drama report for failing to propose regulated obligations

Canada’s television creative community is blasting a recent report on Canadian television drama for not recommending any new regulatory obligations for broadcasters. Instead, broadcast veteran Trina McQueen’s much anticipated Dramatic Choices: A Report on Canadian English-language Drama suggests new, mostly government, funding for drama, and a series of incentives aimed at enticing broadcasters to air homegrown drama. Her other suggestions include increased political will to support the genre, more shelf space, and more efforts at star building and promotion. “It’s evident she’s a broadcaster,” says Maureen Parker, executive director and CEO of the Writers Guild of Canada, commenting on the report. She tells Canadian Communications Reports that she is not opposed to incentives, but that broadcasters should also be held accountable through regulation. The Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) calls the report “all carrot and no stick,” sentiments echoed by the Directors Guild of Canada (DGC), the Canadian Conference of the Arts (CCA), and the Communications, Energy and Paperworkers Union of Canada (CEP) (CCR Update, May 28/03). DGC national director Pamela Brand states, “We are disappointed that there aren’t stronger measures for broadcasters to put time and money into Canadian broadcasting. We had expected more concrete measures, where the broadcasters would be regulated into doing more for Canadian drama.” Peter Murdoch, VP of media at the CEP, states, “Until a government or a regulator demands that private and highly profitable networks pony up, Canadian culture on our screens will continue to decline.” Many of these groups are part of a coalition of audio-visual unions that recently produced its own report urging that broadcasters be required to air at least two hours of original, non-industrial Canadian drama a week during prime time (CCR, March 27/03). The Canadian Association of Broadcasters (CAB), which represents private broadcasters, did not return calls seeking comment on McQueen’s report. In her report, McQueen addresses her decision to not suggest that any kind of additional regulatory burden be placed on broadcasters. She emphasizes that, “Drama deserves better than to be a forced and resented obligation. It needs the commitment and willing partnership of broadcasters.” She calls the coalition’s recommendations for Canadian content quotas “horrible public policy and against the interests of drama.” But CCA national director Megan Williams doesn’t understand that premise. “The report shied away from introducing regulatory measures, and it seemed to me that the reasoning (for not doing it) wasn’t that sound,” Williams tells CCR. “I’m not quite sure why the report didn’t say quotas for Canadian drama should be reinstituted. It said it would be a terrible policy measure. But in fact we did have quotas previously, so why couldn’t we re-establish them? I think it would re-introduce some stability into the industry if the broadcasters were held to a quota." Licence conditions hard to change In her report, McQueen also states that overturning by regulation the licence renewals recently granted to the major private broadcasters and imposing comprehensive rules on drama hours would divide the industry. She elaborates by stating that a reversal of the 1999 CRTC television policy “would pit broadcasters against producers and programmers; and create a divisive and bitter atmosphere at a time when collegiality is essential. There would undoubtedly be appeals to Cabinet, with the usual gleeful media coverage of a catfight between prominent artists and well-known executives.” Elizabeth McDonald, president and CEO of the Canadian Film and Television Production Association (CFTPA), sees the reasoning in McQueen’s thinking. “I think the report reflects Trina’s practical and down-to-earth (nature). I know that there are many parties that are unhappy, but I think their expectations perhaps were different from mine because I’ve actually looked at the 1999 TV policy and its legal status. I understand why she felt it could not be unpicked very easily,” McDonald tells CCR. “To change those licences in mid-flight becomes extremely problematic because they have shareholders. The broadcasters are expecting to operate under certain rules and they are now in full flight...Practically speaking, I think, (McQueen) was trying to see what could she deliver within a sensible timeframe.” But Parker notes that the desired changes in regulations aren’t about completely revamping the licences of broadcasters. She believes that mandating broadcasters to air two hours a week during prime time before the end of existing licence terms is within the legal scope. The CRTC renewed the licences of CTV Inc. and Global Television Network in August 2001 for a full seven years (CCR Update, Aug. 8/01). The CRTC hearing on the licence renewals occurred in April 2001, shortly after the September 2000 implementation of the 1999 TV policy. The policy eliminated minimum expenditures on Canadian programming for the large broadcasters, and gave them more flexibility in the types of programming that they could air as part of the eight weekly hours of mandated Canadian content during the peak viewing period. Broadcasters were also given another break in that the time frame that was considered “peak viewing” was increased by an hour to start at 7 p.m. instead of the previous 8 p.m. At the time of the licence renewals, the negative effect the 1999 TV policy was having on drama was becoming evident, and CTV and Global faced questioning about whether tweaking was necessary. Then an executive with CTV, McQueen defended the TV policy (CCR, April 26/01), much as she does in her current report. She notes in the report, “The new CRTC policy certainly doesn’t help drama. But the evidence for pronouncing it guilty of murder is unconvincing.” She refers to the CFTPA’s Profile 2002 that lists other factors influencing the decline of drama, including a contraction in international markets, and the changing nature of the Canadian broadcast environment. Audience is key McQueen’s recommendations are all based on the philosophy that the key to reviving drama is a new focus on audience. Larger audiences, she argues, will help with the political will to enrich the Canadian Broadcasting Corp. and the National Film Board; build stronger production companies and create jobs; give artists connection, inspiration and validation; help the profitability of private broadcasters and make drama a better business decision as well as a good cultural decision; and will mean that more Canadian TV viewers have been pleased. The argument for an audience-focused initiative is not a new one. It is similar to the position the private broadcasters took in 1998 during the hearing that led to the 1999 TV policy. At that time, the CAB under chair Daniel Lamarre argued that it was not how much was spent on Canadian shows or how much Canadian programming was available that was important, but how many Canadians were actually tuning into the Canadian programming. Then CAB president and CEO Michael McCabe proposed raising the audience level to Canadian programming from 31.7% to 35%, and specifically raising viewership of domestic entertainment programming from 7.5% to 10% over the proceeding five years. It was that audience-based argument that seemed to shape much of the 1999 TV policy. McDonald notes that some producers question the audience measurement focus. “Many of our members are very concerned about audience measurement, not because they are unsure of their ability to attract audiences but how the measurement will take place considering the availability of high-profile U.S. programming in our marketplace. So will the way audiences are measured be fair?" New $30-million fund suggested McQueen states that the new $30-million fund recommended in her report should be “directed at audience building and a simpler way of accessing existing funds.” She suggests that in the first year of operation the fund be directed exclusively to the funding of scripts and pilots. In subsequent years, she recommends that one-third of the funds go to scripts and pilots, and two-thirds to assisting with production financing for the best of the scripts and pilots. Sources of money for the new fund, she writes, could come from restoration of the $25 million cut from the Canadian Television Fund (CTF); half of the 10% benefits paid at the time of a sale of a broadcast property; savings on administrative costs with a revamping of the CTF; a top-up from general revenue; and the overpayment of fees to the CRTC. The CAB has long been lobbying for the overpayment broadcasters make in Part II licence fees to be converted into programming (CCR, Nov. 9/01; Oct. 26/01). Among the broadcaster incentives McQueen recommends are a restoration of the 150% credit for distinctly Canadian drama so that it applies against overall Canadian content; adding an extra minute of advertising to the current 12-minute limit for each original hour and repeat of distinctly Canadian drama; and a 200% credit against Canadian content for each hour of “hit” drama that draws 1 million viewers on conventional television or 500,000 on specialty channels. CRTC public hearing possible One recommendation that McDonald sees likely coming to pass is one McQueen suggests in conjunction with political will. McQueen encourages the CRTC to hold a public process on drama to elicit comments on her report and others and to set the stage for an audience-building strategy for drama. “I think there will a public process related to drama. She’s given people a lot of ideas, and a public process will allow them to voice their opinions,” McDonald says. “They then have to relate to what the CRTC can do. I think that will be worthwhile, and will give people a chance to comment on Trina’s report and the others.” The DGC’s Brand praises that recommendation. “We did like the fact that she suggested that there be an industry consultation, a public proceeding on Canadian drama to try to come up with solutions. And the sooner that’s done the better. We also liked that she recognizes that there is a crisis in drama,” she says. Given CRTC chair Charles Dalfen’s publicly stated desire to give further support to Canadian drama, a public hearing on the genre is a good bet. Expect the creative community, represented by the coalition, to come forward at that time looking for the CRTC to add more “stick” to McQueen’s recommendations (CCR, Oct. 24/02).

Creators blast McQueen’s drama report for failing to propose regulated obligations

Broadcast | June 5, 2003

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