Post Tagged with: "broadcasting act"

Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Not Just Big Tech: Government Memo Shows Bill C-10 Targets News Sites, Podcast and Workout Apps, Adult Websites, Audiobooks, and Sports Streamers for CRTC Regulation

Canadian Heritage Minister Steven Guilbeault has tried to deflect public concern with the regulation of user generated content under Bill C-10 by claiming the intent is to make the “web giants” pay their fair share. Yet according to an internal government memo to Guilbeault signed by former Heritage Deputy Minister Hélène Laurendeau released under the Access to Information Act, the department has for months envisioned a far broader regulatory reach. The memo identifies a wide range of targets, including podcast apps such as Stitcher and Pocket Casts, audiobook services such as Audible, home workout apps, adult websites, sports streaming services such as MLB.TV and DAZN, niche video services such as Britbox, and even news sites such as the BBC and CPAC.

The regulations would bring the full power of CRTC regulation over these sites and services. This includes requiring CRTC registration, disclosure of financial and viewership data, Canadian content discoverability requirements (yes, that could mean Canadian discoverability for pornography services), and mandated payments to support Canadian film, television, and music production. The list also notably identifies potential regulation of Youtube Music, Snapchat Originals, and other social media services whose supposed exclusion has been cited as the rationale to extend regulation to user generated content.

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May 20, 2021 28 comments News
freedom of expression by Jason Taellious (CC BY-SA 2.0) https://flic.kr/p/5kTNEG

The Law Bytes Podcast, Episode 89: Debating Bill C-10 at the Canadian Heritage Committee, Part Two: A Special Law Bytes Podcast

With yesterday’s Standing Committee on Canadian Heritage meeting with experts on Bill C-10 and its implications for freedom of expression, this is a special Law Bytes episode featuring my opening statement and engagement with Members of Parliament. The discussion canvassed a wide range of issues including how regulating user generated content makes Canada an outlier worldwide, the impact on net neutrality, and why discoverability requirements constitute speech regulation. There is a second post that features my opening statement to the committee.

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May 18, 2021 2 comments Podcasts
freedom of expression is your right by Rachel Hinman https://flic.kr/p/6J5ATQ (CC BY 2.0)

Debating Bill C-10 at the Canadian Heritage Committee, Part One: My Opening Statement

The Standing Committee on Canadian Heritage yesterday held a special hearing with experts to discuss Bill C-10 and concerns about the freedom of expression implications of regulating user generated content. I was pleased to appear before the committee and took questions from MPs from four of the five parties (only the Liberals did not ask me any questions). I have two posts on the appearance: this post features my opening statement and a second post links to a special edition of the Law Bytes podcast with the audio of my appearance.

The full text is posted below. There are at least three points emphasizing. First, no other country in the world uses broadcast regulation in this way, making Canada a true global outlier. Second, there is no evidence of a discoverability problem for user generated content. Third, the issue of excluding Youtube from the scope of the bill is open to considerable debate and was not even raised by CIMA in its written submission to the committee.

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May 18, 2021 12 comments Committees, News
Canada postage stamp: constitution by Karen Horton (CC BY-NC-ND 2.0) https://flic.kr/p/9YFxLN

Failing Analysis: Why the Department of Justice “Updated” Charter Statement Doesn’t Address Bill C-10’s Free Speech Risks

The Department of Justice yesterday released its updated Charter statement on Bill C-10. To the surprise of absolutely no one, the department argued that the bill is Charter compliant. That conclusion was never in doubt as the statement is quite clearly more a political document than a legal analysis. The only real questions were whether the department would seriously grapple with the freedom of expression implications of treating all user generated content as a “program” subject to regulation by the CRTC and if Minister of Justice David Lametti would come to the Standing Committee on Canadian Heritage to answer questions on the statement. It turns out the answer is no to both questions: the statement glosses over the actual concerns with Bill C-10 and Lametti will be a no-show at the committee hearing.

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May 14, 2021 15 comments News
Repeal ObamaCare by NOBama NoMas (CC BY-SA 2.0) https://flic.kr/p/7U5fEE

Conservative Party Pledges to Repeal Bill C-10

Bill C-10 is officially an election issue.

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May 14, 2021 5 comments News