44th Parl. 1st Sess.
May 11, 2022 02:00PM
Madam Speaker, it is kind of a pleasure to speak to Bill C-11. I will offer a few things based on a career, at least my first career, of dealing with the CRTC as a broadcaster, as a person who was on the radio and occasionally on television, and especially as a manager of stations that were required to follow the CRTC regulations.
The concerns that have been expressed about Bill C-11 need to be paid attention to. We should not just dust them off and say there is no problem here. The questions are legitimate, but we also need to drill into the details and see exactly what the implications are. When we do that, we are going to end up feeling a lot more secure and confident that Bill C-11 is going to add significant value to Canada.
First of all, this is the Broadcasting Act that we are talking about. The Broadcasting Act relates to broadcasters. I want to quote a couple of things that kind of settle what we are talking about. The first is:
undertakings for the transmission or retransmission of programs over the Internet as a distinct class of broadcasting undertakings...
In other words, basically we are saying that the web platforms that distribute and carry programming to Canadians will be classed as broadcasters. The legislation also says:
the [Broadcasting] Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service
In other words, cat videos, homegrown YouTube and even the productions that someone may have spent some money to develop will not be covered. They will not be influenced by this.
Further, there is one exception that we need to note in the legislation. It says:
A person who uses a social media service to upload programs for transmission over the Internet and reception by other users of the service—and who is not the provider of the service or the provider’s affiliate...does not, by the fact of that use, carry on a broadcasting undertaking...
I want to go back to my radio days. It was 15 years of misspent youth, but an amazing education in a lot of ways. I got into the radio business just after the initial Canadian content regulations came to radio, and here is how that worked. The original rules said that 30% of the music that we played from 6 a.m. until midnight had to be Canadian content. I will describe what that is in a second. Later, the CRTC and the governments of the day came forward with a formula in which the radio stations had to contribute to a fund. Initially, it was called the Canadian talent development fund. There have been other names and other versions of it.
The two things were that, first of all, we had to profile Canadian content, and then later we had to contribute financially to the creation of Canadian content. What we are doing here now is no different from what was done 50 years ago.
How did we know what Canadian content was? In the radio business, every record had what was called the MAPL logo. It was a system that identified music, artist, production and lyrics of the piece. The rule was that anything produced after 1971 or 1972 had to have two of those categories covered as being Canadian to be classified as a piece of Canadian content. It was tough in the beginning, I have to say. I had grown up listening to radio that was free to play anything it wanted at any time, within reason. I will get to that, but the fact is that all of a sudden we had to play Canadian content. In those days it was scarce; at least, the kind of music we wanted to program on our station was scarce. I still today cannot listen to Snowbird by Anne Murray because we played it to death. It was what we had at the time. That no longer exists, and it is because the Canadian content rules led to the development of a Canadian music industry that punches way above its weight around the world.
There was a unique proposition to those early CanCon days that is totally different from what we face today. Radio, by its nature, is very linear. The listeners listened to the piece of music I had on the air, and got it in the order that I gave it to them. If they were going to listen to our station, they would get that 30% of Canadian content, period.
It is different in this case. We are asking online broadcasters to simply make Canadian content available. The people who use Netflix go in and there are little tiles that show them all of the movies available. What this rule would do is tell Netflix that it has to make sure that Canadian content is represented in those tiles. People do not have to choose it, but they have to know that it is there. That way, we are going to at least give Canadian creators access to audiences who can choose to view or listen to their material, or not.
The actions of the regulator have certainly changed throughout my lifetime. Sometimes, when I talk to kids in schools, they ask me what it was like in the old days when I was a kid: when we would ride our dinosaurs to school and all that good stuff. When I was a kid, Canadian radio stations were not allowed to play commercials on Sundays. If they played a recording, they had to announce that it was a transcription so that people would not think that the performance was live. That was then.
Over the years, the broadcast regulator updated, streamlined and allowed things that were not allowed previously. I remember only two times, or maybe three, when the Canadian regulator stepped in and got in the way of a licensed broadcast undertaking.
One was at one of the first stations I ended up working for: CJOR in Vancouver. The family who put the station on the air was forced to sell it because it lost control of the programming. The programming in the mid-1960s was pretty rough, when we look at the community standards of the day.
Another refers to a general category of radio called radio poubelle: garbage radio or trash radio, which has been a unique property, particularly in the Quebec City area. Station CHOI was forced to be sold, again because it could not control some of its announcers who were doing some hideous things on the air. I could quote them, but will not because members really do not need to hear the sorts of things that were going on there. The CRTC had been more than patient, but it was far beyond what anybody could ever accept.
With respect to the obligations of the broadcaster, there was an article co-written by former Supreme Court Chief Justice Beverley McLachlin entitled, “Regulate the System, Not the Speech”. When we look at Bill C-11, what it is really going to do is regulate the broadcaster so that it is responsible for the material that is played by it. I could play any record I wanted, but if I did not follow Canadian content rules the broadcaster, i.e. the station I worked for, would get into trouble, but nobody was standing over my shoulder saying that I had to play this song next or that I could not play a record, except if it did not match the format. It is not the content producers, but the platform that provides the content to the public, that the bill will regulate.
By making Canadian content more available to Canadians, we will do something about that cultural, and I use this word advisedly, juggernaut to the south of us, particularly when it comes to French production. One of the most delightful things in my time as a member of Parliament has been that I have a home in Quebec. I love it here. Quebec is such a wonderful, unique thing and we must do everything we can to protect this unique culture in a unique country such as ours.
I will end it there to let us go to questions, but I have to say that although some of the fears may be quite legitimate, they actually do not get borne out when we look at the details behind Bill C-11.
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Madam Speaker, I think the hon. member misunderstands what net neutrality is.
The notion came up that the network providers, basically the people who allow the streaming, would constrain access to bandwidth unless more money was paid to get more bandwidth. This would certainly choke off the ability of content providers to stream, let us say, movies, etc., unless they ponied up the money to get the bandwidth to do it.
That is what was meant by net neutrality. The government has been firmly onside that everybody deserves the same treatment by those platforms, so that any content put into the platform would be treated equitably and equally across all potential users.
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Madam Speaker, I appreciate the member's question, and I also appreciated his comments on my output here.
I think we have to be concerned about that, absolutely. That said, I think we have seen very clear examples of Twitter, particularly, banning people for some of the things they have put on it. Facebook will send people to “jail” if they put things on there that they believe offend community standards, and of course the CRTC has done that sort of thing at the two stations I mentioned.
That kind of regime has always been in place, but community standards tend to rule. We can get away with things now on conventional radio that we could not dream of doing when I was still on the air, and certainly not when I was a kid. Things change. Community standards change. Chief Justice Beverley McLachlin, in her article, said that we should regulate the platform but let the platform deal with the content. That is probably the best way to go forward.
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Madam Speaker, yes, I do. I think the CRTC has demonstrated over time that it keeps in touch and stays in sync with community standards. It uses a very light touch, if we really look at some of its pronouncements over time. In fact, if—
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Mr. Speaker, my hon. colleague, like me, is a recovering broadcaster. There is more than one of us in the House.
Could she recall the heavy hand of the CRTC? In some of my comments earlier this evening, I said that the CRTC demonstrates a pretty light touch when it comes to regulating content, which would be far more direct and focused on conventional broadcasters and not at all on the content online. Could the member recall the CRTC really playing the heavy-handed bad guy in her days in television?
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Mr. Speaker, I would appreciate the reflections of the member for Saanich—Gulf Islands on what we have heard from the Conservatives. They make some very strong points about freedom of speech, but how does that compare with their party's policy toward the CBC, which they say they would defund and basically try to get out of the news business? Is there a conflict there that she could comment on?
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