Intent of C-11 is to exclude digital creators: CRTC chair

CRTC chair Ian Scott told the House of Commons Heritage Committee Tuesday that Bill C-11, the Online Streaming Act, is needed to modernize Canada’s broadcast sector. The Broadcasting Act from 1991 did a lot of good but stands out as a product of its time, he said. “I don’t have to tell you how that reality has changed with the internet. Those goals supported by the Broadcasting Act and the tools it created became less relevant as internet technology embedded itself deeper into the homes, and onto the phones of Canadians,” Scott stated in his opening remarks. Changes to the distribution of information have been complementary not detrimental to the broadcasting system, the chair continued. He referenced the commission’s 2018 report Harnessing Change which made several recommendations to go forward in the sector. Policy approaches should focus on the production of high-quality Canadian content for Canada and the world; ensure that all players benefiting from the market participate in a fair and equitable manner; and be nimble enough to allow the CRTC to react in a timely fashion to technological and consumer changes, he said. Those views were also given to the Broadcasting and Telecommunications Legislative Review panel. “All of which brings us to Bill C-11, which the CRTC views as a much-needed piece of legislation,” Scott said. “More effective tools, such as those proposed in Bill C-11, are needed to ensure Canadian stories and music can be enjoyed by audiences in Canada and across the globe.” He gave a trio of reasons the bill needs to become law. Firstly, the bill clarifies the CRTC’s jurisdiction over online broadcasters, including non-Canadians. Next, it gives a more flexible approach to regulation. Lastly, it would modernize enforcement powers. While the regulator has the authority to impose administrative monetary penalties for non-compliance in the telecom world, no similar provision exists on the broadcast side. At the end of his prepared remarks, Scott touched on the controversy over user-generated content. “In our view, Bill C-11 draws a distinction between the users of social media and the platforms themselves, and its intent is to exclude individual users, often referred to as digital creators, from regulation,” he wrote in a section which was not delivered orally to the MPs. “Our powers would include requiring that social media platforms support the development of Canadian programs, make content discoverable and accessible to persons with disabilities. Beyond that, our powers to regulate social media platforms would be limited by Bill C-11.” During questioning from Liberal MP Chris Bittle, Rachelle Frenette, general counsel with the commission, said that the CRTC’s powers to regulate user content are quite narrow. Regulations about specific programming such as French content or Indigenous programming are excluded as are standards of programming. Scott reminded the politicians the regulator does not rule on content for broadcasters either. Asked by Bittle if the CRTC would censor unacceptable views online, the chair succinctly replied, “We will not.” “We are not looking to regulate individuals or content generated by individuals,” he said later. “We regulate undertakings.” Scott told NDP Heritage Critic Peter Julian that C-11 is more restrictive on the commission than the current Broadcasting Act. Julian pressed the chair on the supposed slowness of the CRTC in doing its duty. Several witnesses have testified that the regulator will be unable to fulfill its new duties because it cannot perform its current obligations in a timely manner. Scott conceded that some proceedings take longer than expected due to unforeseen circumstances and agreed with witnesses who cited the delay in renewing the CBC’s mandate. But he said these were outliers. “We issue about 400 decisions and orders a year and people are pointing to a handful of processes that are taking longer. So I would actually contest the premise of the question,” the chair maintained. He said the commission is usually timely and efficient and when it is not, there are good reasons for that. The session was delayed for nearly 45 minutes due to a filibuster by Conservatives over who was able to appear. –Reporting by Paul Park at ppark@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca.

Intent of C-11 is to exclude digital creators: CRTC chair

Broadcast | June 1, 2022

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Intent of C-11 is to exclude digital creators: CRTC chair

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