A controversial government bill that would overhaul Canadian broadcasting laws to regulate streaming services is set to become law Thursday evening.
Bill C-11, also known as the Online Streaming Act, would make changes to Canada’s Broadcasting Act. The proposed legislation would require streaming services, such as Netflix and Spotify, to pay to support Canadian media content like music and TV shows.
It would also require the platforms to promote Canadian content. Specifically, the bill says “online undertakings shall clearly promote and recommend Canadian programming, in both official languages as well as in Indigenous languages.”
The proposed changes give the Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s broadcast regulator, broad powers over digital media companies, including the ability to impose financial penalties for violations of the act.
The government says the bill is necessary to impose the same regulations and requirements in place for traditional broadcasters on online media platforms. Right now, broadcasters are required to spend at least 30 per cent of their revenue on supporting Canadian content.
“Online streaming has changed how we create, discover, and consume our culture, and it’s time we updated our system to reflect that,” a government news release on the bill says.
The Conservatives have slammed the bill as an attack on freedom of expression.
“Under this archaic system of censorship, government gatekeepers will now have the power to control which videos, posts and other content Canadians can see online,” a Conservative webpage on C-11 says.
The public debate has been contentious, with supporters saying the bill will boost the Canadian media and arts sectors, while critics warn that the bill could over-regulate the internet.
Internet companies affected by the legislation also have criticized C-11.
“If TikTok were required to promote content that is certified as CanCon by the CRTC, it would give an unfair advantage on our platform to well-resourced and established media voices, at the expense of independent and emerging digital creators,” a post from the video sharing platform TikTok says.
Google, YouTube’s parent company, launched a public campaign against the legislation, saying it would negatively affect users’ experience on the platform.
Heritage Minister Pablo Rodriguez, C-11’s sponsor, has dismissed much of the criticism of the bill from the Conservatives and tech companies, describing it as inaccurate.
The bill’s journey through Parliament has been tumultuous. Rodriguez tabled the legislation in the House of Commons in February 2022. Nearly a year later, the Senate sent C-11 back to the House of Commons with amendments. The House accepted most of the amendments but rejected others.
One of the most contentious points of debate is whether C-11 would apply to user-generated content, such as podcasts and online videos. The government has stressed that the legislation is not intended to regulate independent content creators.
One of the Senate’s amendments would have added protections for some types of user-generated content like comedy acts and instructional videos. The House rejected that amendment, arguing that it could create loopholes for streaming giants in the legislation.
The House sent the bill back to the Senate, and C-11 is now awaiting formal approval from the upper chamber before it receives royal assent and becomes law. The Senate is expected to cast a final vote later today.
The government put forward a similar version of the bill in 2020 but it died when Parliament was dissolved in August 2021.
Bill’s effects in practice still a mystery
The bill’s broad language means it’s unclear what it will do in practice — an aspect of the legislation the Senate has acknowledged.
For example, the bill says Canadian broadcasting should “serve the needs and interests of all Canadians, including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages.”
“Precisely what this would mean in concrete terms for broadcasters is not yet known,” a Senate page on C-11 reads.
“Another complicating factor is that the bill would give the CRTC new powers — but exactly how or even if the CRTC would make use of them cannot be determined through an analysis of the bill alone.”
But the government is expected to clarify many areas of uncertainty through a policy directive to the CRTC. A Senate amendment that the House of Commons accepted requires the CRTC to hold public consultations on how it will use its new regulatory powers.
