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Digital giants mandated to contribute Canadian content under new law

Bill C-11, known as the Online Streaming Act, is now law in Canada.

The bill received Royal Assent on Thursday, and streaming services, like YouTube, must contribute to the creation of Canadian content.

“The law will give Canadians more opportunities to see themselves in what they watch and hear, under a new framework that will lead to a modern definition of Canadian Content that better reflects our country’s diversity,” Canadian Heritage said in a press release.

The Canadian Radio-television and Telecommunications Commission (CRTC) will govern the bill, but content creators have questioned how far the commission’s regulations will go. Canadian Heritage says the commission is now responsible for providing details on how it will implement the act.

Introduced in February 2022, the bill has faced massive backlash from several parties. YouTube argued the bill could impact how much Canadian creators could earn. Disney and TikTok also raised concerns.

Image credit: Shutterstock 

Source: Canadian Heritage

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Mobile Syrup

Ministers Rodriguez and Champagne outline new CRTC chair’s expectations in letter

As the new head of the Canadian Radio-television and Telecommunications Commission (CRTC), Vicky Eatrides has a long list of responsibilities, and two federal Ministers want to cement the fact.

In a letter to Eatrides, Minister of Canadian Heritage Pablo Rodriguez and Innovation Minister François-Philippe Champagne listed a number of issues they say are vital for Eatrides to accomplish her mandate.

Listed towards the beginning of the letter are references to Bill C-11, the Online Streaming Act, and Bill C-18, the Online News Act. If passed, the CRTC will govern them, giving the regulatory body additional powers.

“Our leadership, and that of the CRTC more broadly, will be critical to ensuring that new legislation is implemented effectively,” the letter states. “Practical and workable regulations can ensure policy goals are met while maintaining Canadians’ online experience and ensuring everyone can participate in and benefit from an increasingly digital culture and society.”

The Ministers further state their concerns on a number of issues weighing the CRTC down, namely how long it takes the CRTC to make decisions, how accessible their practices are to the public, and transparency.

“Public interest decision making requires hearing from diverse interests. Right now, there is a perception among many that access to CRTC processes is unequal,” the Ministers write. “While the regulator’s open and evidence-based processes are a core strength, barriers to participation remain.”

The letter also states the CRTC should continue reconciliation with First Nations, Inuit, and Métis peoples by working together on policies that may affect them “in a spirit of recognition of rights, respect, co-operation, and partnership.”

The telecom industry also needs improvement, the letter states, and a proposed new policy direction for the organization will help guide them. Addressing competition and affordability, the Ministers say the CRTC should ensure wholesale internet services are “used, supervised, and adjusted effectively and in a timely manner.”

Wholesale internet services are something Eatrides has promised to change. In an interview with MobileSyrup, Eatrides said the CRTC will share a new model with Canadians “within the coming months.”

“It’s a top priority for the organization because what we’ve done is not working,” she said.

Source: Canadian Heritage 

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Mobile Syrup

Heritage Minister fires back at Google following streaming Bill C-11 opposition

Canada’s Heritage Minister Pablo Rodriguez is butting heads with tech goliath Google over Bill C-11. The Alphabet-owned company pushed back against the Canadian government’s proposed online streaming bill. Rodriguez says Google is “trying to intimidate Canadians.”

The House of Commons recently voted to pass the Online Streaming Act, and now the Bill is in the hands of the Senate. Google believes that “thousands of creators shared their concerns” with Bill C-11, but they have gone unaddressed. Because of this, the company believes the proposal may be of “disadvantage [to] the Canadian creators.”

The Online Streaming Act, which the Senate is now considering, could force platforms to promote Canadian TV, movies, music, and other content. Bill C-11 was created and positioned by the government as an effort to help fund Canadian-made content. At its core, the proposal hopes to see streaming services and platforms better contribute to Canadian culture.

Earlier this year, YouTube, which is under Google’s umbrella, also outspokenly opposed the Bill. The company argued that the Online Streaming Act could cause creators to lose foreign revenue opportunities if forced to promote Canadian content.

In September, YouTube executive Jeanette Patell spoke to the Senate committee. Patell urged that the Online Streaming Act gives Canadian broadcasting regulators far too many ways to make demands. “We strongly believe that we have a responsibility to inform Canadian users and creators of how this bill could impact their YouTube experience, and in some cases, their livelihoods,” Patell said.

This past June, the House of Commons passed Bill C-11. During the process, the Online Streaming Act saw over 150 amendments made. As it transitions over to the hands of the Senate, it appears that a lot of time and consideration was taken before passing a vote.

If the Senate votes in favour of Bill C-11, it once again heads to the House of Commons prior to becoming a Canadian law.

Image credit: CPAC (screenshot)

Source: CP24

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Mobile Syrup

Telecom news roundup [Sept 10-16]

Another Saturday, another weekly telecom roundup.

This week’s roundup focuses on Rogers’ merger with Shaw (the roundups would be incomplete without it), Bill C-11, and Apple’s new iPhone 14 series. Let’s get into it.

Business

Two months after Rogers’ nationwide service outage, Hamilton residents woke up to yet another service disruption. However, unlike the July outage, Rogers was quick to state a local fire impacted wireline services only, and service was back up in a couple of hours.

The trial between the Commissioner of Competition and Rogers and Shaw is roughly seven weeks away, and the parties appear to be having difficulty sharing information with one another. The Competition Commissioner and Rogers have filed separate motions with the Tribunal, arguing the other is withholding information it needs for trial.

The Commissioner of Competition replied to one of Rogers’ requests about statements on the sale of Freedom Mobile to Vidéotron. In his application, the Commissioner says Rogers’ request focuses on information that’s “out of context.”

Telus is proposing changes to home phone services for its Quebec customers as it migrates from copper facilities to fibre. The company filed two applications with the Canadian Radio-television and Telecommunications Commission (CRTC) detailing changes to its pay-per-use billing option for three-way calling and call return, and its call screening service.

Xplornet is a thing of the past. Well, at least the name is. The rural broadband provider has rebranded to Xplore. The company says the change represents its identity, vision and future.

Bell says it will merge two internet service providers (ISPs) it recently acquired. At BMO’s 23rd annual Media and Telecom conference earlier this week, Glen LeBlanc, Bell’s chief financial officer, shared Bell will consolidate Distributel with EBOX. Bell announced its plans to acquire Distributel earlier this month and has yet to receive regulatory approval.

More on Bell, the company’s subsidiary, Bell Technical Solution, was hacked by ransomware group Hive. The group shared the details on its leak blog earlier this week, stating it accessed the information on August 20th.

Government

The Senate Committee on Transport and Communications held several panels concerning Bill C-11 over the past week. Known as the Online Streaming Act, the bill faces ongoing concerns on how it will impact user-generated content. Canada’s Privacy Commissioner, Philippe Dufresne, says the bill should also consider user privacy.

Infrastructure

Bell continues expanding its fibre footprint under its capital expenditure acceleration program with an announcement benefiting Barrie residents. The telecom giant says it will expand access to 40,000 locations in the city.

Deals

Chatr Mobile is offering new customers 2GB of bonus data on select plans until September 19th. More details are available here.

Not much of a deal, but more of a reminder for Canadian Apple fans, the iPhone 14 SE series is now available in Canada. Read more about getting your hands on one of the new devices here.

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Mobile Syrup

Privacy Commissioner says government should consider user privacy before Bill C-11 finalized

Canada’s Privacy Commissioner said the committee responsible for Bill C-11 could consider an amendment to the Broadcasting Act that will see personal privacy protected.

The change will allow privacy to be considered fully before the bill is implemented, Philippe Dufresne told the Senate Committee on Transport and Communications.

Bill C-11, also known as the Online Streaming Act, focuses on having the Canadian Radio-television and Telecommunications Commission (CRTC) regulate online audio-visual content. While the CRTC regulates radio and television, the same doesn’t apply to streaming platforms that share content in Canada, including Netflix and YouTube. Once approved, these platforms will need to promote Canadian content.

The bill has faced intense pushback from many. One area of contention is how the bill would impact user-generated content and subject many independent creators to the CRTC’s directives.

While Heritage Minister Pablo Rodriguez stated the bill won’t impact user-generated content, that has not cleared up any confusion on the matter.

The bill states the CRTC will consider three areas when regulating content. The first is if the content, directly or indirectly, generates revenue. The second is if parts of the program have been broadcasted through traditional means, such as radio or TV. The third is if the content is given a unique identifier under any international standards system.

CRTC chair Ian Scott also previously stated that its regulation of user-generated content is within the scope of the legislation. 

When asked about privacy consequences under user-generated content, Dufresne said it’s possible the algorithms will use personal information. “It’s going to be important in how the CRTC exercises these powers that these privacy considerations be taken before these orders are made.”

Image credit: Senate of Canada/ Screenshot

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Mobile Syrup

Online Streaming Act referred to the Heritage Committee

The Online Streaming Act is no longer open for debate in the House of Commons.

The Act, also known as Bill C-11, has been referred to the Heritage Committee to study and propose amendments.

The bill wants streaming companies to be governed under the same rules as Canadian broadcasters and managed by the Canadian Radio-television and Telecommunications Commission (CRTC). It also looks into making Canadian content more accessible.

But the regulation has been hazy, leading to creators and media executives saying the bill could impact Canadian content creators.

In February, Canadian Heritage Minister Pablo Rodriguez tabled the bill and said it wouldn’t impact user-generated content.

Image credit: Shutterstock

Source: Cartt.ca 

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Mobile Syrup

Canadians supportive of federal measures to regulate internet: survey

The federal government has shared two legislations to regulate the internet, and recent survey results show most Canadians support the measures.

Commissioned by the Globe and Mail, the results show 55 percent of respondents support the government’s work to regulate the internet, 37 percent oppose it in some way, and 8 percent are unsure. Those against the regulations largely come from the Prairies.

The Online Streaming Act, also known as Bill C-11, was presented in February. It focuses on applying the same rules to streaming services as Canadian broadcasters. If passed, the act would also require streaming services to create Canadian content.

The bill has been met with harsh criticism from several parties.

YouTube’s chief business officer, Robert Kyncl, said the act could threaten Canadian content creators. In March, two creators who create content on TikTok, Darcy Michael and Oorbee Roy, raised similar concerns at a Canadian Heritage Committee meeting.

The second measure the government has taken to regulate the internet is the Online News Act. Known as Bill C-18, it would require digital giants, including Google and Meta, to pay Canadian news organizations for the content they display on their platforms.

Image credit: Shutterstock

Source: Globe and Mail 

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Mobile Syrup

2022 budget gives CRTC $8.5 million for Bill C-18

The 2022 federal budget allocates millions to helping the Canadian Radio-television and Telecommunications Commission (CRTC) establish a framework for Bill C-18.

Minister of Canadian Heritage, Pablo Rodriguez, introduced the bill earlier this week. It’s aimed at having digital platforms, like Google and Meta, pay Canadian news outlets for using their content. The CRTC will serve as the regulator.

The budget will provide the agency with $8.5 million over two years. The funding will “establish a new legislative and regulatory regime to require digital platforms that generate revenues from the publication of news content to share a portion of their revenues with Canadian news outlets,” Cartt.ca reports.

2020 saw $9.7 billion in online ad revenues, and Google and Meta shared 80 percent of the profits.

“The news sector in Canada is in crisis, and this contributes to the heightened public mistrust and the rise of harmful disinformation in our society,” Rodriguez said Tuesday.

The bill is also known as the Online News Act. If passed, it will focus on deals between online platforms and news publications. The CRTC is responsible for tracking all details associated with the arrangements.

“This is fundamentally fairer for Canadian news media, which will be able to negotiate on more equal terms with the tech giants,” a press release by Canadian Heritage states.

This is the second bill Rodriguez introduced dealing with online content. The first is Bill C-11. It focuses on promoting Canadian content and governing streaming services. The CRTC will also serve as the regulator if the bill passes.

As Cartt.ca points out, Rodriguez previously stated the government would give the CRTC all the tools it needs to handle this bill. However, the 2022 budget doesn’t include any specific funding.

Source: Cartt.ca

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Mobile Syrup

Ian Scott says CRTC supportive of Bill C-11 and its enforcement powers

Ian Scott is doubling down on the government’s message that Bill C-11 won’t impact user-generated content.

The Canadian Radio-television Telecommunications Commission (CRTC) chair said suggestions the bill would impact this kind of content are “just not true.”

“As it’s drafted at the moment, the bill draws a distinction between the users of social media, and the platforms themselves. It’s clear to us that the bill’s intent is to exclude individual users from regulation,” Scott said in a speech to a media class at Ryerson University.

Also known as the Online Streaming Act, the bill aims to promote Canadian content, govern streaming services with the same rules as broadcasters, and give the CRTC power to make this happen.

But many have taken issue with what these changes could mean for individual creators.

A recent briefing from YouTube said the bill might cause Canadian content creators to lose foreign revenue if they’re forced to promote local content.

Questions also remain as to what power the CRTC will have. While Scott said the bill would modernize “the CRTC’s enforcement powers,” he doesn’t speak about what this could look like.

However, he does address the lack of details in the legislation, saying “being too specific in the legislation” can have problems of its own. Doing so could disclude many issues that arise years down the road before legislation is looked at again.

Scott said the CRTC can only enforce powers consistent with the Canadian Charter of Rights and Freedoms and that the organization has “always strived to adopt a light-handed approach to regulation.”

“The CRTC has a long history and a strong track record of implementing effective policies and adapting its approaches over time to meet the evolving needs of Canadians and of the broadcasting system,” Scott said.

“We’ve been doing it for more than 50 years. And we will continue to do so under the new Broadcasting Act regardless of the platform, and only when regulation materially contributes to the objectives of the Act.”

The legislation is currently in its second reading.

Image credit: CRTC/screenshot

Source: CRTC

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Mobile Syrup

YouTube says Bill C-11 could impact the earnings of Canadian creators

YouTube says Bill C-11 could cause Canadian creators to lose foreign revenue if the government forces the promotion of Canadian content.

The Canadian Press reports a briefing from the company that says the legislation, also known as the Online Streaming Act, will downgrade the popularity of Canadian content around the world, cutting into the earnings of creators.

The Online Streaming Act will also subject streaming platforms to the same rules as Canadian broadcasters under the Canadian Radio-television and Telecommunications Commission (CRTC).

Heritage Minister Pablo Rodriguez said the bill would not cover all videos posted on streaming platforms. The focus is on commercial social media content.

“If you and I decide to sing a song together and to post it well, even if it’s beautiful, it’s not going to be regulated,” Rodriguez said at the Canadian Media Producers Association’s Prime Time conference last month.

The Canadian Press reports YouTube is still concerned the CRTC will have the authority to regulate user-generated content.

“Clearer definitions and more precise language are needed to ensure the bill doesn’t unintentionally scope in digital creators and negatively impact the thousands of Canadian creators on YouTube and the millions of Canadians who use YouTube every day,” Jeanette Patell, head of government affairs and public policy at YouTube Canada, told the publication.

Bill C-11 is in its second reading.

Source: The Canadian Press