Government explicitly exempts content creators in Online Streaming Act policy direction

The federal government is directing the CRTC to “ensure that individual users’ and social media creators’ content cannot be regulated” as the commission prepares to develop regulations for the Online Streaming Act. Thursday the federal government announced the directions to guide the CRTC in the implementation of the Online Streaming Act. The Act received Royal Assent in April after a long and arduous process through the House of Commons and the Senate. There are seven criteria the commission must follow to ensure the Act is properly administered. First is to guarantee the meaningful participation of Indigenous people. This includes supporting the production of programming from First Nations, Inuit and Metis creators. Second is the exclusion of social media creators. While some opponents of the bill claimed that creators would be subject to the provisions of the Online Streaming Act, the directions explicitly exempt them from regulation. Platforms would be covered by the bill but individual users would not. Next up is supporting diversity and inclusion. The regulator is to engage with Black and other racialized communities, official languages minority communities and other equity-seeking groups. People with disabilities should be able to access programming without barriers, the directive said. Fourth is support for Canadian creators and media. The CRTC must devise a clear methodology for funding Canadian programming. Online platforms are expected to contribute to this funding. The new rules seek to increase the use of Canadians in the production of programs. Next is discoverability and showcasing. The commission is expected to consider various means of discoverability such as off-service and on-service interventions. The CRTC would also be expected to increase choice for consumers while at the same time minimizing the requirement to alter algorithms. Redefining Canadian programs is the sixth direction. The regulator is being directed to come up with new definitions of Canadian content in both the audio and audio-visual sectors of the industry. There will be public consultations to determine how CanCon should be defined going forward. Lastly is the need to create an equitable, flexible and adaptable regulatory framework. Any financial requirements or non-financial requirements should take into account the size and nature of the organizations being regulated. The commission should also consult other regulatory bodies to guarantee a smooth proceeding. At a Thursday morning briefing, senior government officials said the Canada Gazette will publish the directions this Saturday. That will launch a 45-day consultation period, which will end July 25. Following that, the CRTC will revise the regulatory impact analysis statement (RIAS). When the entire process is completed, the final policy directions will be published in the Canada Gazette. A coalition of public interest groups previously asked for a delay in consultation deadlines. A background paper released in conjunction with the briefing estimated that there will be low incremental costs in relation to the implementation of the directives. It is expected to be under $1 million and could be absorbed within existing resources. The paper predicted a series of benefits arising out of the implementation including support for Canadian broadcasters, support for equity-seeking groups and opportunities for businesses. –Reporting by Paul Park at ppark@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca.

Government explicitly exempts content creators in Online Streaming Act policy direction

News | June 8, 2023

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Government explicitly exempts content creators in Online Streaming Act policy direction

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