The government’s launch of Bill C-10, the Broadcasting Act reform bill, was careful to note that it was not creating a new licensing system for Internet services. For example, the Canadian Heritage FAQ states “Canadians will still be able to watch all of their favourite programs and access their preferred services. This Bill in no way prevents online streaming services from operating in Canada, or requires them to be licensed.” Previous posts have explored why this is unlikely to be the case with the new rules leading to less consumer choice as services choose to avoid the Canadian market given the new costs and requirements imposed by the government. The Broadcasting Act blunder series continues today with the first of several posts unpacking the shift from licensing to regulation, concluding that for many services, it could be a distinction without much of a difference.
Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498
Bill C-10
The Broadcasting Act Blunder, Day 10: Downgrading the Role of Canadians in their Own Programming
Canadian Heritage Minister Steven Guilbeault has painted Bill C-10, his Broadcasting Act reform bill, as a big win for Canadian creators, telling the House of Commons that the bill will mean “more opportunities for our creators and talent in the production sector.” The Broadcasting Act blunder series continues today with a closer examination of how the bill alters the way Canada has traditionally tried to ensure that Canadian talent plays a pivotal role in creating that content. It finds that bill actually downgrades the requirements and opens the door to reduced Canadian participation in productions in their own country.
The Broadcasting Act Blunder, Day 9: Why Use Cross-Subsidies When the Government is Rolling Out Tech Tax Policies?
The Broadcasting Act blunder series continues with a slight tangent to consider the implications of yesterday’s Government of Canada Fiscal Update for the claim that reforms are needed to ensure that foreign Internet companies make appropriate contributions to the Canadian market. Canadian Heritage Minister Steven Guilbeault emphasized the issue when discussing Bill C-10 in the House of Commons, talking about payments being a “matter of fairness” and concerns that foreign Internet streamers “make money off the system with no obligation to give back.”
Finance Minister Chrystia Freeland yesterday outlined the better way to ensure equality of treatment and payments into Canada, namely tax policy.
The Broadcasting Act Blunder, Day 8: The Unnecessary Discoverability Requirements
Canadian Heritage Minister Steven Guilbeault has cited the need to improve the “discoverability” of Canadian content as a critical reason to support Bill C-10, his Broadcasting Act reform bill. Speaking of his daughter’s use of digital services, Guilbeault told the House of Commons that the bill “will allow her not only to take advantage of an international offering, but also to discover Canadian content.” While few would oppose ensuring that Canadian content is easy to find and well marketed, the Broadcasting Act blunder series continues today with a look at the evidence on the issue of discoverability, finding there is little to support claims that regulatory intervention for streaming services is needed.
The Broadcasting Act Blunder, Day 7: Beware Bill C-10’s Unintended Consequences
With the introduction of the government’s plan to regulate Internet streaming services, Canadian Heritage Minister Steven Guilbeault has touted new rules that will require companies such as Netflix and Spotify to make mandatory payments in support of Canadian content. The government’s bill also paves the way for the companies to both tinker with what they show to subscribers, so as to increase the “discoverability” of Canadian content, and open their books to Canada’s telecom and broadcast regulator by granting access to confidential corporate information.
The Broadcasting Act blunder series continues today with my recent Hill Times op-ed which notes that although Mr. Guilbeault argues that the changes are long overdue and merely establish a level playing with conventional broadcasters, much of the policy that underlies the new bill rests on shaky ground ((prior posts in the Broadcasting Act Blunder series include Day 1: Why there is no Canadian Content Crisis, Day 2: What the Government Doesn’t Say About Creating a “Level Playing Field”, Day 3: Minister Guilbeault Says Bill C-10 Contains Economic Thresholds That Limit Internet Regulation. It Doesn’t, Day 4: Why Many News Sites are Captured by Bill C-10), Day 5: Narrow Exclusion of User Generated Content Services, Day 6: The Beginning of the End of Canadian Broadcast Ownership and Control Requirements).
Recent Posts
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record 
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality 
The Law Bytes Podcast, Episode 228: Kumanan Wilson on Why Canadian Health Data Requires Stronger Privacy Protection in the Trump Era
