On Thursday (30 March 2023), the debate in the House of Commons regarding Bill C-11 was brought to a close, allowing for the legislation to advance through Parliament. This development highlights the importance attributed to the bill and the eagerness to move forward with its implementation. Bill C-11 is a legislative effort to modernize Canada’s Broadcasting Act and extend the regulatory powers of the Canadian Radio-television and Telecommunications Commission (CRTC) to encompass all audiovisual content on the internet. The bill aims to address the rapidly evolving landscape of content creation and distribution while ensuring the needs and interests of all Canadians are met and providing opportunities for Indigenous persons to create programming in their languages and reflecting their cultures.
However, Bill C-11 has stirred controversy and criticism due to its vagueness in defining Canadian content and its potential impact on user-generated content. Some main criticisms include:
- Vagueness in defining Canadian content: The bill lacks clear guidance on what content will be considered Canadian, leading to confusion and concerns about how the CRTC will determine and promote such content.
- Impact on user-generated content: The criteria used to define material posted on social media can apply to most content on platforms like YouTube and TikTok, subjecting content creators to potential CRTC taxes and directives. This raises concerns about economic impacts and potential infringements on freedom of expression.
- Increased power and control for the CRTC: Critics worry about the extended jurisdictional power the CRTC will have overall audio-visual content in Canada, potentially placing it in an “enormously powerful position.”
- Uniqueness among democratic nations: No other democratic nation regulates user-generated content in this manner, making Canada unique and potentially setting a concerning precedent.
- Impact on content consumers: Algorithmic recommendations may be altered to prioritize Canadian content, potentially affecting user experience, and not matching individual interests.
Despite these concerns, Bill C-11 has several benefits, such as:
- Adding online undertakings as a distinct class of broadcast undertakings, adapting to the increasing prominence of online streaming services and platforms.
- Ensuring that the needs and interests of all Canadians, including those from diverse backgrounds and communities, are met.
- Providing opportunities for Indigenous persons to create programming in their languages and reflecting their cultures.
- Responding to the digital revolution and the changing preferences of audiences, who increasingly consume content across multiple platforms.
- Modernizing Canada’s outdated system to help Canadian production companies remain competitive in the global content market.
- Addressing the imbalance between domestic and foreign content production to maintain a healthy domestic industry and a distinct Canadian identity in the global marketplace.
- Promoting inclusivity, diversity, and support for Indigenous and underrepresented stories, which not only serve as a cultural imperative but also make good business sense.
- Leveraging Canada’s existing content industry and talent to compete on the international stage.
- Enabling more flexible and less restrictive access for creators to develop content across various platforms.
- Providing a basis for public debate and discussion on the next steps in modernizing Canada’s content regulations through the Heritage Committee process and CRTC public proceeding.
Although Bill C-11 has received considerable support for its goals of fostering inclusivity, diversity, and bringing the antiquated Canadian content system up to date, critics have expressed concerns regarding the possible adverse effects of the legislation. Primary criticisms include the ambiguity surrounding the definition of Canadian content, the potential implications for user-generated content, and the expanded jurisdictional authority of the CRTC. The Heritage Committee process and the subsequent CRTC public proceeding offer an opportunity for a wider, transparent, and public debate on the next steps and addressing the issues that have been raised.