44th Parl. 1st Sess.
June 13, 2022 11:00AM
Mr. Speaker, that is a really good question and I am grateful to have received it.
Many experts are saying that the Internet is different and that the people who wrote this legislation clearly do not understand how the Internet works. I have a further quote from Michael Geist. He says:
...regulating user-generated content in this manner is entirely unworkable, a risk to net neutrality and a threat to freedom of expression. For example, the European Union...distinguishes between streaming services such as Netflix and video-sharing services such as TikTok or YouTube, with no equivalent regulations such as those found in Bill C-10 for user-generated content.
They are completely different platforms and that is not how the Internet works. This is what we are hearing from the experts.
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Mr. Speaker, I will read another quote from Professor Geist about exactly that point on proposed section 4.1. I recognize that Bill C-11 is improved, at least to an extent, with the inclusion of the wording in proposed section 4.1, but this is what the professor says: “While this is true in the sense that users are not regulated like platforms due to an exception in the bill, the truth is the bill regulates indirectly what it cannot do directly.”
It has not really solved the problem. There is still something that needs to be addressed. I would again reflect on what the professor had to say about going to the European Union and taking a look at what it did. It did things right, at least in his eyes. Our committee needs to look at this further to make sure that it reflects the modern usage of Internet autonomy.
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Mr. Speaker, that is precisely what my whole speech was about. There is an area of the Internet that we need to work on to ensure that children are not gaining access to it and ensure that it is not ending up in front of the eyes of children. This is something that is going to be hard. It will be difficult, and it will take effort. However, one of the things that I have been frustrated with is that the government does not put in the effort to get pieces of legislation that we need across the finish line.
Bill C-11 would do nothing to prevent the exploitation of children online, and I am very disappointed to see that is not being addressed. I have moved amendments for Bill C-11 to work in this area, but as it stands, the bill would do nothing to prevent sexual exploitation online.
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Mr. Speaker, it is always a pleasure to rise and bring the voice of Chatham–Kent—Leamington to this chamber. I want to thank my colleague for splitting his time with me.
I am pleased to speak to Motion No. 16. Actually, I am not pleased to speak to it, but I am honoured to have this opportunity on Motion No. 16, the programming motion on Bill C-11.
Canada is home to some of the best talent in the world. Our artists, our actors, our musicians and other creators in our arts, culture and heritage sector continue to develop incredible Canadian content on a daily basis. The development of the sector is alive and well, with young talent consistently emerging across the country. These exceptional artists and creators deserve nothing less than an even playing field and to be supported with all the tools they need to thrive in their industry. They deserve fair compensation and a competitive economic environment that enables them to continue sharing their stories through their medium of choice, whether it be television, film, music, prose, theatre, the concert hall or perhaps the fastest-growing medium, the online content on the Internet.
I can personally relate to this field, as my oldest daughter is making her way through life as an artist, teaching music, singing opera and producing opera, albeit live at this moment, and living a gig-economy lifestyle.
The last time any major changes were made to the Broadcasting Act was in 1991, over 30 years ago. Given the rapid pace at which technology has been advancing in the past decades, it is undeniable that we have seen major technological changes in that time. Unfortunately, the legislation and regulatory framework have not changed with it. The government and, consequently, the CRTC need to adjust the way Canadian arts, culture and media are treated to match these changes. What we see, however, is the government failing in its attempts to bring the Broadcasting Act into the 21st century by adapting existing policy to reflect the digital reality of our times and failing to help future-proof it for future technologies and challenges yet to come.
Let me be clear: Conservatives support a requirement for major streaming services such as Netflix, Amazon Prime and Disney to reinvest back into the production of Canadian content in both official languages. These requirements would also incentivize these platforms to partner with independent Canadian media producers. What is crucial, however, is that Canadians who upload content to social media platforms continue to enjoy the freedom of speech and the ability to express themselves freely within the confines of the law.
Sadly, Bill C-11, much like its failed predecessor in the previous Parliament, Bill C-10, would give the CRTC unprecedented powers to monitor online audiovisual content. These powers would include the ability to penalize digital content creators and platforms that do not comply with these regulations. These powers would be used and applied to Canadian content at the discretion of the CRTC, based on three criteria: whether it directly or indirectly generates revenue, whether it has in whole or in part been broadcast on a more traditional broadcasting platform, and whether it has been assigned a unique identifier under any international standard system.
As most digital content generates some kind of revenue, and given that most social media platforms have a system by which to provide a unique ID to their content, the CRTC could regulate almost all online content under this bill, including independent Canadian content creators who earn their living on social media platforms like YouTube and Spotify. This represents a major concern about the freedom of speech and the implications of possible government overreach in this bill, just like Bill C-10, in how it could affect Canadians.
Canada is known as being a world leader in many fields. Contributions by Canadians have revolutionized medicine, communications, agriculture, domestic life, entertainment and much more. Experts have testified that this bill would represent an unprecedented move and that Canada would once again become a world leader, but this time in its heavy-handed practice of regulating user-generated content. Not a single other country in the world has taken this approach. This is not an area Canadians should be proud to pioneer.
Instead, what we are seeing is a large number of Canadians, both content creators and consumers, expressing serious and valid concerns with the approach their government is taking to their livelihoods and entertainment, respectively. This attempt by the Liberal government to regulate the Internet and restrict the free speech of Canadians was unacceptable under Bill C-10, and it is equally unacceptable now.
I want to talk about what this bill would not do. This bill would not reduce the regulatory burden faced by Canadian broadcasters, nor would it reduce the cost to Canadian broadcasters. The part II licensing fees in 2019-20 alone amounted to over $116 million. I would rather see that money go into creating new Canadian programming and content than into CRTC coffers.
In the previous version of the bill, Bill C-10, there was an exclusion for user-generated content, which was then excluded at committee. Now, in Bill C-11, the government has reintroduced an exclusion on user-generated content on social media; however, this is written in the most convoluted and bureaucratic of languages. The exclusion to the exclusion is so broad that the government, through the CRTC, could again regulate a large amount of content uploaded to social media.
What concerns me and my colleagues, and we have certainly been hearing about it from our constituents, is the impact this is going to have on our Canadian digital content creators. It is estimated that there are 28,000 full-time jobs in Canada created by content creators who have enough of an audience to monetize their channels through places like YouTube. This type of digital-first Canadian content creation is something we should be supporting instead of hindering.
We have heard from creators across Canada who are concerned that government-approved Canadian content is going to be put ahead of independent Canadian content. More to this, Canadians also want to see Canadians telling Canadian stories, but what is not clear is how the CRTC is going to adjust the criteria to ensure that real Canadian stories are being told.
Our artists deserve an even playing field between large foreign streaming services and Canadian broadcasters, as technology evolves and carries on into the future and as we move further and further into the digital reality and online spaces. We need them to tell our stories, whether through music, movies, television or online content. Without that, part of our history will be lost.
I think we can all agree that the Broadcasting Act needs to be updated to reflect our current technology growth, but the last thing we want is Canada to fall further behind or to pass a law that would detrimentally affect our artists.
We need to support our Canadians artists in all the various forms and mediums they use to tell their stories. Our young talent continues to develop and contribute to our national culture. It is part of our role as elected officials to pave the way for the next generation's success. We should not be passing bills that disrupt the creation of new content. We need to help innovation happen. Innovation happens every day here in Canada through many venues, and we need to enable our creators to benefit from and export our talent around the globe.
Our artists, musicians and creators are deeply invested in the future of the industry and the future of this particular piece of legislation. These creators and artists deserve to be treated fairly and to have the tools they need for success, and they need to be heard at committee; dozens have yet to be heard.
We have been there for Canadian creators, artists and broadcasters by asking the tough questions, both here in this chamber and at committee. We carefully reviewed every aspect of the bill and expected the Liberal government to make the adjustments necessary by adopting amendments that were brought forward to protect Canadians' free speech and the livelihoods of independent content creators.
Proposed section 4.2 and any provision that enables the inclusion of user-generated content need to be removed. There needs to be a clear definition of “discovery”, and there needs to be an update to clearly articulate what Canadian content is. What is the definition of it? Very importantly, the policy directive to the CRTC on how this whole legislation will be implemented needs to be made public.
We have been clear in our position on the bill. We will not be supporting the bill until we are confident that Canadians do not need to be concerned about their rights and freedoms on the Internet. Our concerns have not yet been addressed, and I will not be supporting this motion to ram through Bill C-11 at committee, as the Liberals have done at every stage of the bill.
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