In this week’s Dispatch from The Line, among other maple-flavoured items is the discussion of how the newly passed Bill C-11 will impact Canadians’ everyday online experience:
We at The Line have spent a lot more time trashing Bill C-18 than its cousin, C-11; the reason for that is fairly simple, if unflattering. Both bills are unwieldy little monsters, rife with competing agendas and we only have so much time and energy to spare. Of the two, though, C-18 affects us and our business more directly as it attempts to force Big Tech companies into secret negotiations to prop up dying legacy media outlets.
C-11, which passed this week, is the Liberals’ attempt to overhaul the Broadcasting Act to bring major streaming services like YouTube and Netflix under the heel of the CRTC. This is generally a pretty bad idea — and we’ll get into that in a second. But the passing of the first major overhaul of the act since the ’90s will, we expect, be heralded by the usual suspects of CanCon leeches who see in the legislation an opportunity to siphon evil Big Tech profit while forcing major platforms to force-feed Canadians into consuming more home-grown shite.
Anyway, part of the bill, it is hoped, will force online streamers to feature more Canadian content for Canadian users, particularly content that highlights the usual progressive checkboxes. And while this does make us roll our eyes a bit — just make good stuff and let people choose what they want for themselves! — we admit that this provision is the less objectionable aspect of C-11.
After this, matters get much more dicey. The attempts to force tech companies to pay for more CanCon will almost certainly backfire in the long run: companies like YouTube have already promised that they will comply with legislation by creating pass-through fees for their creators. In other words, if the government forces YouTube to pay a percentage of its profits into a CanCon fund, YouTube will generate that revenue the only way it can — by skimming more cash from its content creators and re-directing some to the creation of Canadian shows that are then commercialized by major broadcasting networks like Rogers. Seems fair!
Where the bill goes off the rails is over years-long battle over user-generated content protections. Upon hitting the upper chamber, the senate actually advocated for amendments that would ensure that Joe Blow YouTuber wasn’t going to fall under the auspices of CRTC regulation — changes that were rejected by the House. How the CRTC defines a content generator worthy of its regulation, or uses any of its new powers, is now up for consideration by the CRTC itself.
Obviously, we at The Line are concerned about how a regulator is going to employ poorly defined and vaguely stipulated legislative powers to control how Canadians are presented which content, and by whom. We are open to the hopeful possibility that the CRTC is so completely in over their heads that all of the concerns about the bill prove fruitless and overblown. But as a rule, we don’t like to rely on the incompetence of our betters to assure our protections and freedoms.
And that brings us to the major philosophical problems with C-11; the first is that legislation should generally not generate more confusion and uncertainty. As a rule, we think that our laws should be written in such a way that an ordinarily intelligent person with a standard education should be able to understand the laws that govern them. By this measure, the Broadcasting Act — like many others — fail a very basic test. C-11 is written so poorly that even experts seem to disagree about the scope of the bill and how our media landscape will be affected by it in the years to come.
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There is, arguably, no reason for the CRTC, nor for the Broadcasting Act in its current form, to exist anymore. Digital space isn’t finite. Canadians can easily find news and entertainment that is relevant to them. We don’t need the government to ensure that Canadian content is produced and funded. Or, if some government intervention is deemed necessary, it need not amount to anything more complicated than a simple tax, with revenues diverted to one of this country’s myriad granting agencies to aid production. Instead, we have a government that seems hellbent on extending the power of a regulator at the very moment in history that this regulator is most redundant.
Given that we’re being led by an increasingly insular government that equates all criticism to disingenuous misinformation, and seems to want to stamp out the evils of wrong opinions on the Internet in the coming Online Harms bill, well, let’s just say we’re increasingly concerned and perturbed.
