44th Parl. 1st Sess.
May 5, 2022 10:00AM
Madam Speaker, it is always an honour to speak in the House, but particularly on an issue as important as Bill C-10, or rather, Bill C-11. I apologize. I am in the last Parliament.
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Madam Speaker, the broadcasting and communications industry has changed dramatically, and COVID-19 has shown us that it is incredibly important in today's day and age to have access to unfettered news and unfettered communication. Many of us were locked down in our houses for months at a time, and in many cases our sole form of communication was through the Internet. That is the way we communicated with the outside world.
The great news is that Canada is no longer restricted to a few channels. I can remember when I was younger that we had three, four or five channels, and that was it. That was the maximum number of channels. I lived out in rural Canada, so we used to have to move the antenna to get CBC, and that was our one communication around there. Now, we have Twitter, Facebook, TikTok and Reddit, among many other platforms.
I will actually discuss one great communicator. He is from my riding and lives about five minutes from my house. His name is Mr. Wyatt Sharpe. Wyatt is a young man of about 13 years of age, who is one of the leading voices in Canadian politics today. He is leading the discourse on many important issues at 13 years of age.
How did he do it? He started working at the Orono Weekly Times, writing for the paper. Then he moved on to social media. If it had not been for the great access to social media, Wyatt's voice would have been limited to the wonderful but relatively small community of Orono. As it is now, he goes from coast to coast to coast, and if members have not been on the Wyatt Sharpe Show or listened to his podcast, I highly recommend it.
When we look at social media, this bill casts it as another CBC, NBC or broadcasting network. I do not think that is accurate, with respect. I believe the Internet is closer to the public square, where we go out as Canadians and share our views and visions. We might be miles apart, but it is so critical that we have those discourses. It is so critical that we go out on the battlefield of ideas and discuss them. Some of those ideas will fall by the wayside in favour of better ones, yet other ones will be improved and get better. Having that unfettered access to that public square that we call the Internet is so incredibly important.
Canadians have always had the ability to communicate completely unfettered and to share their ideas and visions, and what alarms me about this legislation is the fact that we are moving away from freedom of speech and starting to restrict it. I dare say I am perhaps going a bit too far, but we really do not have to look too far in history or even around the world to look at examples of what happens when the government goes too far in restricting freedom of speech.
We can go back in time and look at the Soviet Union as it pushed out its propaganda and told lies to its people. This held people behind for years and years, sitting in bread lines. Meanwhile, they were being fed that they were actually ahead of the western world, which we all knew was false. We see the modern-day incarnation of that in Vladimir Putin restricting freedom of speech and restricting the Internet as Russians are unable to hear about or listen to the atrocities that are happening in Ukraine.
Freedom of speech is a pillar of western democracy. It really supports many of the other freedoms and rights we all share. It is based on that. It is foundational to our country and many around the world, so when we mess with that foundation, we must do so with the greatest of care. We must use a scalpel, not a sledgehammer.
There are some out there who agree that this is going on, and that content is being curated right now by large multinational multi-billion dollar corporations, so why is the government not in a better position?
The challenge is that there is no one watching the government. When we look at companies that have stepped offside, the government has a rightful obligation to ask for greater accountability and transparency when it comes to sorting, curating and ensuring there are appropriate algorithms. We must do that carefully, and as legislators it is our role to provide that oversight. However, when we have the government watching the government, we have the fox watching the henhouse, and that should be troublesome for all Canadians.
The reality is that when we look at the Internet right now, there are certainly challenges, as I said. Greater transparency with respect to algorithms and otherwise is critically important, but there has been a tremendous growth in Canadian content. The Canadian Media Producers Association suggested that the industry has grown by a record amount and that there have been record investments in film and television, almost doubling in the last decade.
I am inspired by what is going on in my own riding of Northumberland—Peterborough South with Albert Botha, Heather Haldane and the South Eastern Ontario Production Accelerator Fund. This initiative is making southeastern Ontario the next hot spot for a bustling film and TV industry, and I am very proud of what they are accomplishing. On that note, certified Canadian content has grown in recent years. The highest growth for certified Canadian content television has occurred over the past three years.
My fear is that when we change this very foundation, this freedom of speech and freedom of expression, we could do more harm than good, not only by restricting people's ability to express themselves, but in terms of the production of Canadian content itself. While there is no doubt that traditional broadcasters may benefit from the restriction of this content and bringing others into this content, it will almost certainly inhibit the amount of content that is produced when we start to regulate user-controlled content.
The other hallmark, sometimes, of poor legislation is a lack of clarity. Quite frankly, this legislation is replete with a lack of clarity. The hon. minister claims that the legislation features guardrails against overly broad regulation, to keep the nature of the Internet as it is, but there is no specific eligibility. In fact, many of the decisions are pushed onto the bureaucracy, and as much as I respect it and our public service often does a great job out there, it is not ultimately accountable to the people, like parliamentarians are. When we push our decisions onto the bureaucracy, we lose accountability as a government.
Bill C-11 includes many terms that it simply does not define. “User-generated content” is not defined, and “social media” is not defined, yet these words are used repeatedly. One of the troubling sections is the user-generated content. It was excluded and then brought back in, and that is troublesome. We have user-generated content that people are creating from all around Canada and, instead of treating these folks as I think they should be properly viewed, as the public square, as the sharing of discourse, as the battlefield of ideas, allowing all entrants onto the field, it restricts them and starts to treat individuals as it would the CBC and other major broadcasters, making them pay fees and making them subject to content restrictions and algorithm restrictions.
I believe that Canada is best when we let Canadians decide and, unfortunately, this legislation puts the government in the driver's seat, allowing it to make decisions that Canadians should be allowed to make.
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Madam Speaker, as always, I admire the passion, although not necessarily the substance, of the member's question.
Proposed subsection 4.1(2) creates an exception to an exception for user-generated content when the user makes some type of profit or dollars from it. That is absolutely brought in and is clear. That is the right answer.
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Madam Speaker, I thank my colleague for her question.
Unfortunately, this legislation is a failure. Of course, I share the member's passion for Canadian and Quebec culture and would like nothing more than to see it promoted. However, this bill is replete with challenges and difficulties, including a lack of definition and clarity on what Canadian content is and on the regulation of user-generated content, which is very challenging.
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Madam Speaker, there is no doubt that work needs to be done. The Broadcasting Act needs to be amended and changed. I certainly do not use my Sony Walkman anymore, so we need to update it.
The problem is that this bill is so bad that we need to go back to the drawing board, unfortunately. It has all the hallmarks of bad legislation. It has a lack of clarity. It is overly burdensome to the industry. It also puts too much onus on the bureaucracy and not enough on parliamentarians.
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