Senate votes to keep controversial “exemption to the exemption” in Bill C-11

The Senate Transport and Communications Committee defeated two amendments on Tuesday that would have struck the “exemption to the exemption” on user generated content (UGC) in the Online Streaming Act. The committee is currently undertaking clause-by-clause study of C-11. The controversy surrounding the proposed updates to the Broadcasting Act regards Section 4.1 of the bill which creates an exemption for social media sites, but Sections 4.1(2) and 4.2 create a so-called “exemption to the exemption”, and scopes in certain content on those platforms. Heritage Minister Pablo Rodriguez has said that would ensure platforms are in but users are out while critics of the bill fear the CRTC will be allowed to regulate user-generated content. Senator Fabian Manning introduced a pair of amendments which he maintained would make life easier for digital first content producers. Many of them have told Parliament that they fear users would fall under the auspices of the act. The government maintains only platforms are covered. “One of the main areas of contention on the bill has been around user generated content,” the Newfoundland and Labrador Conservative said. “The government has continued to claim that UGC is not captured but at every opportunity have failed to clearly exempt it in the language of the bill.” Government representative in the Senate, Quebec’s Marc Gold, said the government opposed the changes because they would undermine the chief objectives of the legislation. He was joined in his opposition by Alberta’s Paula Simons. “I think it is extraordinarily important that we send a strong message that user generated content is not included in the ambit of this act,” she stated. “I think it’s too blunt a tool for the reasons that Senator Gold articulated.” Committee chair Leo Housakos, who opposes the bill in its entirety, said he would be supporting the amendment. “It is blunt, it is unequivocal,” the Quebec Tory said. Gold said deleting the current wording would allow commercial enterprises like Vevo or the Universal Music Group to dodge their financial responsibilities when they post music to YouTube. Simons said an amendment crafted by her and Quebec senator Julie Miville-Dechêne would “thread the needle” on the contentious clause. Manning’s motions were both defeated by a 10-4 vote. Earlier Simons sought to delete a clause that would force community and campus radio stations to battle disinformation. It is the only time the word appears in the bill, the former journalist noted. “I think the word itself has become so politicized, it’s become a lightning rod,” she said. “One man’s disinformation is another man’s propaganda is another man’s accurate information.” She countered that the stations should strengthen the democratic process and promote local journalism. The move passed unanimously. During her time slot, Miville-Dechêne moved a motion that would make it hard for those under 18 to access sexually explicit material online. Her amendment was just furthering current regulations, she stated. “The CRTC already does have authority and control over this adult content in specialty pay stations with sexually explicit material,” the committee vice-chair said. “It’s not censorship but online we have to have the same treatment as is being used in traditional so called linear ,” she told her fellow senators. Gold said, while the intent was laudable, it would be preferable to wait until the government introduces its online harms bill. It is a better avenue for those concerned about the welfare of children. “Bill C-11 isn’t the right vehicle,” the government representative said. Her amendment passed 7-5, with two abstentions. The committee is continuing its clause-by-clause review of the legislation. –Reporting by Paul Park at ppark@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca.

Senate votes to keep controversial “exemption to the exemption” in Bill C-11

Broadcast | December 6, 2022

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