Social media and podcast services must register with CRTC, not users, under new regime

The CRTC has determined that online services that offer podcasts and social media services must register with the commission under its new regime, but individual users who use those services do not. “Various online undertakings that broadcast audio or audio-visual content that is intended to inform, enlighten or entertain must be registered,” the commission wrote in one of two decisions released Friday. The full list of services include streaming, social media, online subscription television, online radio stations, podcast, and services that offer unique transactions allowing the user to stream or download content. Services that solely provide video games or audio books are also excluded from registration along with services that make less than $10 million in annual broadcasting revenues in Canada. “For the sake of clarity, users that upload content on social media platforms are not subject to the Broadcasting Act and therefore will not need to comply with these conditions of service,” it added. These are the first two decisions the commission has released on the Online Streaming Act (Bill C-11) since it received royal assent in April. In May the CRTC launched two consultations to determine which online streamers need to be registered and which will be exempt; and to consider changes to exemption orders under which platforms have been operating and basic terms of service to be imposed on streaming services. The government has long insisted that social media platforms must be scoped in to capture commercial content while user-generated content would be scoped out of the bill. However, interveners such as Digital First Canada, Alphabet Inc.’s Google, Meta Platforms Inc. (Facebook, Instagram and Threads), and TikTok Technology Canada Inc. advocated for the complete exemption of social media platforms from registration requirements. They argued that these platforms have a minimal impact on the Canadian broadcasting system, primarily serving as platforms for user-generated content rather than traditional broadcasting activities. The Canadian Association of Broadcasters, ACCORD, Canadian Media Producers Association, the Independent Broadcast Group, and the Public Interest Advocacy Centre , opposed the exemption with some arguing that Facebook. TikTok, and YouTube directly compete with traditional radio and television services for content, audience, and advertising. The CRTC determined that, for the time being, it is neither necessary nor appropriate to exempt online undertakings providing social media services. It added that it would not exempt a subset of social media services because it is too premature to define classes of online undertakings specific to social media undertakings. “It appears clear at this point that social media platforms play a large and increasingly dominant role in terms of the Canadian online broadcasting advertising market. This alone would seem to point towards a need to register such services to enable the Commission to gather further information and monitor their impact, where necessary,” the CRTC wrote. However, the Commission acknowledged the potential need for reevaluation in the future, once sufficient information is collected and other issues are addressed. The commission is asking the services that must register to provide the contact information for the operator on the online undertaking and the types of broadcasting services it offers. “In the commission’s view, providing this information would not be burdensome on the operator of the online undertaking, and would be the most minimal information that would allow the commission to meet its policy objectives,” the CRTC wrote The services were given a Nov. 28th deadline to register. A list of registered services will be published on the CRTC’s website. “In the commission’s view, publishing the list of registrants and some of the information they provide would be in line with its commitment to transparency and dedication to serving the public interest of Canadians,” the CRTC wrote. The CRTC also concluded that a monetary threshold based on annual Canadian gross revenues would be the clearest way to determine which online undertakings should be exempted from registration applicable to all online undertakings, regardless of their business models. It found that a subscriber-based threshold alone would not be appropriate since it would not cover those without subscribers, such as advertising-driven platforms. Regarding the use of multiple criteria, the regulator found it would be redundant to add a subscriber threshold given the correlation between subscribers and revenues. Using multiple indicators would also complicate its registration and tracking processes. For online undertakings affiliated with broadcasting ownership groups, the CRTC proposed a monetary threshold based on the group's revenues, regardless of whether those revenues came from traditional broadcasting undertakings or online services within that group. “Including revenues from both traditional and online services would allow the Commission to gain a better understanding of the Canadian online broadcasting environment and how ownership groups are adapting their activities in that increasingly digital environment,” the commission wrote. The CRTC established a threshold of $10 million in annual Canadian gross broadcasting revenues. This threshold aims to strike a balance between providing comprehensive data to the CRTC while also minimizing the regulatory burden on small undertakings. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca.

Social media and podcast services must register with CRTC, not users, under new regime

Broadcast | September 29, 2023

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

Social media and podcast services must register with CRTC, not users, under new regime

Broadcast | September 29, 2023

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Related Stories

Telus’ arguments for incumbent access to wholesale regime not supported by competitors

CRTC finalizes terms of Uvagut TV distribution

Bell won’t participate in subsidized broadband projects if wholesale access for Big Three continues, signs agreement with CNOC

CRTC announces changes to Broadband Fund

Reuse & Permissions

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us