Indigenous content is distinct from CanCon: Indigenous Screen Office

The Indigenous Screen Office (ISO), newly certified as an independent production fund on Nov. 8, closed out day three of the ongoing CRTC hearings with calls for continued emphasis on Indigenous self-determination and representation. The CRTC is developing a new contribution framework for the broadcasting system and is considering whether foreign streaming platforms should make initial base contributions to support Indigenous and Canadian programming. On Wednesday, in addition to the ISO, it heard from a number of stakeholders in Canada’s audio industry. “ISO should not fall under the rubric of diversity, equity and inclusion,” said CEO Kerry Swanson. “This categorization is a form of erasure of indigenous sovereignty, section 35 constitutional rights and the legal treaty and inherent rights of the first peoples of this land.” She acknowledged the clear separation the CRTC has made between Canadian and Indigenous content during the proceedings and urged that approach be applied in the new framework. Represented by Swanson and communications director Jean-Francois O’bomsawin, the ISO highlighted the distinct role of Indigenous content within the broadcasting system, on par with its French and English-language pillars and in line with Indigenous rights. Additional funds to the ISO would enable expanded training, capacity building, and support for indigenous communities across Canada, they said, calling for mandatory direct funding from new contributions, in recognition of their unique role. The organization also stressed the importance of flexibility in how that funding is spent, noting that they are well-positioned to effectively listen and respond to Indigenous creators. According to the ISO’s presentation, their entry into the funding landscape more than doubled Indigenous-specific funding for productions from $136 million in 2019-20 to $290 million the following year. Swanson noted that over the past three years, ISO has provided over $30 million in funding for over 500 Indigenous-owned and led projects. Sirius XM Canada Holdings Inc. kicked off the day’s proceedings and said it wants to see audio streaming services like Spotify AB contributing, at the very least, the same amount that they are to Canadian Content Development (CCD) initiatives, which is four per cent of annual revenues. Like other broadcasters, they argue that there is a significant imbalance in the current regulatory framework that gives unregulated competitors an advantage that needs to be rebalanced. The best way to achieve this is by reducing their current obligations, which they are disappointed the CRTC is not focusing on during this phase. In addition to its radio offerings, SiriusXM has its own online streaming platform and expressed concerns that the initial base contributions decided through this proceeding will apply to them. They argued that online undertakings affiliated with traditional broadcasting ownership groups should not be required to contribute yet, not until the regulatory framework is fairly balanced, because in many ways they are already contributing to the CanCon ecosystem. “While we understand that the streaming service will be subject to some additional CCD obligation,it ought to take into consideration the amounts that we've already paid and the amounts that we are paying now,” said Oliver Jaakkola, Senior VP and general counsel. The audio broadcaster said its annual contributions to CCD right now are over $15 million. SiriusXM argued that the initial base contributions of online audio services should only flow to existing funds like FACTOR, Musicaction and the Community Radio Fund of Canada (CRFC), stating that they have the existing infrastructure and expertise to efficiently manage how money is allocated, opposing the creation of any new funds. They referenced interventions from Spotify and Apple Inc., who stated that a four per cent contribution would not be feasible for music streamers. “That speaks volumes to the actual competitive issue that we're talking about,” said Jaakola. The Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ), which supports Quebec’s independent music industry, agreed with other Quebec artist associations that the amount of funding dedicated towards French-language productions should be increased to 40 per cent, up from the CMF’s current one-third French, two-thirds English split. They also said that contributions should go to existing funds. The Canadian Independent Music Association agreed that the new framework should consider the importance of non-financial contributions to Canadian artists, like enhanced visibility, promotion to global audiences, and professional development. Like SiriusXM, they said that no new funds should be created and that existing funds like FACTOR and Musicaction are flexible and experienced enough to adapt to new directions for funding. Music Canada, the association representing major record labels including Sony Music Entertainment Canada, Universal Music Canada and Warner Music Canada, sought to remind the CRTC that supporting Canadian and Indigenous artists should be the focus of all their decisions and policies. “We are the music industry, we know what happens when there are holes in this space,” said CEO Patrick Rogers, “it can be very costly and almost wiped out the industry once upon a time,” alluding to the rise of music piracy during the early days of the internet in the late 1990s and early 2000s. He urged the CRTC to “recognize the value of people and investment” and encouraged the development of a regulatory framework that considers other contributions being made to the Canadian music industry, like platforms hiring Canadian staff, sponsoring events that showcase Canadian talent like the Juno Awards, and promoting Canadian artists both domestically and internationally. He highlighted the differences between the finite, regulated space of radio and global, user-driven space of streaming, stating that in many ways the two are opposites. One key difference is the lack of gatekeepers who decide which songs get radio airplay, because anyone can upload their music to these services. “The potential has never been bigger,” said Rogers, “the pyramid at the top has never been wider, but the pyramid at the bottom is now infinite.” That is why any new regulatory framework should not be viewed as a fix for the previous system, but as a way to meet the goals of modern artists, he argued. “This is a once in a generation regulatory process,” said Rogers, calling for the CRTC to consider new ways to contribute to Canadian artists and industry. “The CRTC has not previously been engaged in the fact that I can listen to any song ever recorded on my phone right now, from anywhere in the world. So now that we are … let's look at new models, new criteria, new opportunities.” – Reporting by Phalen Tynes-MacDonald at pcreed@thewirereport.ca and editing by Michael Lee-Murphy

Indigenous content is distinct from CanCon: Indigenous Screen Office

Broadcast | November 23, 2023

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Indigenous content is distinct from CanCon: Indigenous Screen Office

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