44th Parl. 1st Sess.
June 13, 2022 11:00AM
Madam Speaker, I thank my colleague. I really agree with the last thing he said, namely that culture needs the support.
I have had a concern about this bill from the outset, and I would like my colleague to comment on this. It concerns community media.
We have been hearing that regional media could come together to negotiate. However, I am worried that there are not enough revenue sources for community media, which are fundamental to having very local information.
I would like my colleague to comment on that.
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Madam Speaker, I am trying to get a better grasp of the question. It seems to relate to Bill C-18 on news content, the bill that will force web giants and traditional media to negotiate together and ensure that compensation is provided for the content used and paid for by traditional media.
I saw somewhere in Bill C‑11 that schools, for example, do not have to worry because they are exempt. I believe, although I am not certain, that this does not really have to do with community media.
Another clause in the bill states that it will not apply to a service that is too small. The CRTC will not have time to regulate the thousands of websites belonging to creators. Let us face it, the CRTC does not have the capacity to regulate all of that.
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Madam Speaker, I want to thank my hon. colleague, who I work with on the public accounts committee. We do a lot of good work there, and I am really happy to take this question.
When it comes to making sure there is space and security for producers, it is important to know that the economy is a very different tool, and the free market in particular is very different in how it protects or creates space for what is important to it. Oftentimes, it resolves into big corporations, such as Netflix and giant multimedia firms, which suck up what they know by way of a profitable consumable, but that is in no way the same as making sure that Canadian content and the things we need to ensure Canadians have access to, such as language and cultural revitalization, are in fact imbued in that media, so they are very different. The private market has a very different outcome than what would result from the requirement to protect Canadian and indigenous content.
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Madam Speaker, I would like to ask my colleague about the importance of small local media, local news.
The disappearance of small local media means that events taking place at the village school are no longer advertised to local residents. It means that local sporting events are no longer covered. What does my colleague think about the importance of small local media?
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Mr. Speaker, that is duly noted.
I would like to think that the Liberals would have learned their lesson after the debacle of Bill C-10 in the last Parliament, but only this government would be able to introduce a bill that is even worse than the original. The Liberals claim they are trying to level the playing field between traditional and online media. However, it is already incredibly difficult to start a radio station in this country, but it is very easy to start a podcast. Why would the government not make it easier for traditional media to operate instead of policing online content?
In all of this, the Liberal-NDP coalition has refused to listen to Canadian experts, content producers and other witnesses at the heritage committee to fix this incredibly flawed bill. Today's motion only limits the ability of parliamentarians to hear from witnesses, and to debate and study the proposed amendments. Essentially, the Liberals and the NDP are censoring MPs from speaking on their censorship bill.
One of the greatest concerns is proposed section 4.2 of the act, which outlines what is considered a program for the purposes of regulation. In answer to this question at committee, the Minister of Canadian Heritage was adamant that social media posts would not fall under the definition of a program, yet the chair of the CRTC, Ian Scott, said the exact opposite when he testified, “Proposed section 4.2 allows the CRTC to prescribe by regulation user-uploaded content subject to very explicit criteria.”
He, on another occasion, reassured Canadians they had nothing to worry about because the folks at the CRTC, “have lots of things to do. We don’t need to start looking at user-generated content.” How is it reassuring that they do not need to start looking at people's social media? In other words, they will eventually start looking at people's social media, but they are just too busy at the moment.
The Liberal government is telling Canadians to just trust it, except Canadians do not trust this government. They do not trust it when it comes to mandates. They do not trust it when it comes to protecting Canadians online. They certainly do not trust it when it comes to ethics. I think of the SNC-Lavalin and the WE Charity scandals. They do not trust the government at all.
Rather than policing Canadian social media, why would the government not tackle online sexual exploitation? I believe there are some areas where the Internet should have oversight. Porn companies should not have unlimited access to our children online, but they do, and there are no requirements to make sure that accessibility to their sites is for those over the age of 18. I also believe porn companies should not be able to post their content without verifying the age and consent of each person depicted therein.
Too many women and kids have been horrifically exploited online, and porn companies, such as Montreal-based MindGeek, have made billions of dollars from exploiting these women and children, but the Liberals' Bill C-11 does not tackle any of these important issues. The Liberals are more interested in policing our political, social and religious views online. Despite multiple calls for action by survivors, NGOs and parliamentarians, the Prime Minister and the Liberal government have done nothing to address companies like MindGeek, which have been publishing and profiting from online sexual exploitation for many years with impunity.
It has been over two years since nine parliamentarians wrote the Prime Minister to alert him to the fact that companies like MindGeek were profiting from child sexual abuse material, sex trafficking and rape in his home province. It has been a year and a half since 20 parliamentarians from four parties wrote the justice minister inquiring why Canada's laws have failed to hold online exploiters accountable, and it has been 18 months since the world has asked why Canada allows this company, MindGeek, to profit off of videos of exploitation and assault.
It has been over 70 weeks since the Canadian heritage minister promised legislation to fight online exploitation within three weeks. It has been 498 days since the survivor, Serena Fleites, shared her horrific story and called on parliamentarians to do something. It has been one year since the ethics committee tabled a report with 14 unanimously supported recommendations. There has been nothing, no action, from the government. Within three days, Mastercard and Visa were able to make findings and judgments that ended their relationships with MindGeek and Pornhub, yet the government has been unable to come up with anything to end this online harm.
To be clear, there have been multiple lawsuits from survivors in Canada and the United States against MindGeek, but zero government legislation to prevent companies from exploiting or profiting from the victimization of children, sex-trafficked victims or rape victims. There have been zero known investigations in Canada, zero charges laid in Canada, and zero justice for survivors. This government's priority is to police law-abiding Canadian citizens online and turn a blind eye to exploitation.
The government could have even used Bill C-11 to tackle online exploitation to protect minors, which is why I have provided some amendments to Bill C-11 that would do this. Specifically, I am proposing that Bill C-11 amend section 3 of the Broadcasting Act to set out policy objectives that the CRTC is mandated to implement to protect children from sexually explicit content and to prevent broadcasting of sexual violence. Specifically, I am proposing these policy objectives to seek to protect the health and well-being of children by preventing the broadcasting to children of programs that include sexually explicit content and to safeguard the human rights of women and marginalized people by preventing the broadcasting of programs that include pornographic material that is violent, sexist, racist or degrading or that is produced through sexual exploitation or coercion.
I have put forward these amendments at the committee, and I hope that the government will support them. These amendments are supported by child advocacy organizations and those fighting online exploitation.
In a brief submitted to the heritage committee, an organization called Defend Dignity highlights, “Children are spending more time online” than ever. It also notes, “Exposure to sexually explicit material is detrimental to children’s [health and] well-being” and “The UN Convention of the Rights of the Child...recently adopted General Comment 25”. It continues, “Sexually violent material perpetrates discrimination and abuse [with the] connection between sexually explicit material and sexual exploitation”.
Defending Dignity also wrote:
Protecting children from the harms of sexually explicit material and society from the dangerous impact of violent sexually explicit material must be a priority. As an organization working to end sexual exploitation in Canada, we call on all members of the committee to support [the member's] proposed amendment to section 3 of the Broadcasting Act.
There was also a joint submission to the Heritage committee from Timea's Cause and OneChild, two organizations with a combined 30 years' experience in combatting the sexual exploitation of children. They wrote:
Today, Canadian children's access to sexually explicit content and the broadcasting of sexual violence has gone far beyond the realm of television and radio. This content is broadcasted online through digital advertising to pornography. The Internet has unleashed a tsunami of content that is objectifying, violent, and misogynistic in nature, and those viewing this harmful content are getting younger and younger....
This content greatly informs our cultural norms, values and ideologies. In the case of children who are still navigating the world and are in the process of developing their sense of self and esteem and learning how they should treat others and how others should treat them—this kind of material is detrimental to their development. It warps their understanding of sex, consent, boundaries, healthy relationships, and gender roles. Moreover, viewing this kind of content online has frightening links to rape, 'sextortion', deviant and illegal types of pornography such as online child sexual abuse material, domestic violence, patronizing prostitution, and even involvement in sex trafficking.
That is why Timea's Cause and OneChild are urging the committee and this government to adopt these amendments to Bill C-11.
Conservatives will continue to defend the interests of Canadians. We will stand up to the exploitation, and those at risk of exploitation. We will stand up for those who are artists and creators, speaking out against this bill because it will harm their livelihoods. We will stand up for all Canadians.
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Mr. Speaker, I will be sharing my time with the member for Drummond.
The government is committed to implementing a digital and cultural policy agenda that will serve Canadians' interests not just today but well into the future. It will support our cultural and artistic ecosystems, including our many talented creative sector workers. This is urgently needed.
Today, I am pleased to speak to the important elements of the online streaming act. First, I will have the pleasure of talking about Canadian independent producers and the important role they play. Second, I want to talk about the importance of ensuring that Canadians can find and access Canadian stories and music.
Delaying Bill C-11 would do harm to our production industry. It would leave the creative ecosystem in a very uncertain and difficult place, without support and predictable funding for Canadian programs. Ultimately, the online streaming act aims to foster an environment where Canadian music and stories can thrive and be discovered. The time to act is now. There is a lot at stake.
However, just like last time, the Conservatives have proven that they have no interest in making our broadcasting system fairer by levelling the playing field between tech giants and Canadian broadcasters. They have decided to use every tactic in their tool box to delay and block our study on Bill C-11. It is disappointing but not surprising. On this side of the House, we are committed to supporting the incredible creators across our country, telling stories that reflect our diverse experiences and building cultural bridges that bring us together.
Turning an idea into a cultural product is no simple task. From coast to coast to coast, our creatives have undeniable talent and an unparalleled work ethic. Canada's independent producers are an example of this.
A Canadian independent producer is a Canadian person or entity, usually a corporation, that creates an audiovisual media project that is not owned or controlled by the broadcaster or distributor. In other words, independent producers make movies, TV shows and documentaries that are not subject to creative control by a TV channel, network, streaming service or cable company. They are crucial to creative risk-taking, authentic storytelling and diverse representation in our audiovisual sector.
In film and television, independent productions cover a wide range of formats and genres, from art house films to popular animated kids shows and everything in between. Popular independent programs include comedies like Letterkenny, French-language originals like M'entends-tu? and science fiction like Orphan Black. There are also many acclaimed indie films, such as Ruba Nadda's Cairo Time and Kim Nguyen's French-language film War Witch. These are only a few examples of the range of quality programming that our independent producers create.
To successfully realize a project, independent producers do many things. They invest in development, make pitches, secure financing, hire creative and technical teams, scout locations and navigate complex trade, tax and labour arrangements to make projects happen. Not surprisingly, Canadian independent producers often work closely with Canadian musicians for scores and soundtracks.
There are over 600 independent production companies in Canada, most of them small and surviving project to project. Canadian independent film and television accounted for $2.9 billion in production volume and more than 81,000 jobs in 2019-20. Many of these independent production companies are undercapitalized and often face difficulty obtaining project financing. In Canada, once a finished project is in hand and all the rights for its creative elements are clear, the producers then make money. However, it is a risky business with a lot of upfront costs.
While we may recognize Toronto landmarks in the background of an episode of Suits or even in the foreground of Pixar's Turning Red, these are American productions. They work with Canadian talent below the line: the “best boys”, “grips” and “gaffers” listed in movie credits. They work with our visual effects, post-production and virtual production studios, such as Stoic in Vancouver, Deluxe in Toronto and MELS in Montreal. They are valuable, without a doubt.
Canadian productions, and specifically independent Canadian productions, are important for ensuring that cultural industry investments touch down and take root in the places where our stories come from. For example, the long-running Canadian television series Heartland is set in Alberta. It is produced by Calgary-based Seven24 Films and Dynamo Films and has a big local economic impact. For just one season of Heartland, they spent over $28 million on production, saw each dollar of federal tax incentive produce more than $11 in GDP and hired more than 1,400 vendors across Alberta.
Independent Canadian productions also tell untold stories and develop diverse programming. Consider Indian Horse, a film adaptation of Richard Wagamese's novel about a talented Ojibwa hockey player who survives the racism and residential schools of his time. Its independent producers were committed to engaging with local indigenous communities, providing jobs and working with elders to ensure respect for cultural protocols.
Diversity is one of Canada's greatest strengths. Without independent producers taking risks, we would never have films such as Water in Hindi and Edge of the Knife in the endangered Haida language. In children's and family programming, Canadian independent producers are innovators. The Kratt brothers are pushing boundaries in the multiplatform arena, while WildBrain has become a global programming powerhouse.
Our stories and our creative talent are at the heart of the online streaming act. The legislation lists several important factors for the CRTC to consider in its definition of Canadian programs, including, for example, collaboration with Canadian producers, Canadian ownership and exploitation of IP by Canadians. This would give the commission the flexibility to require all types of broadcasting undertakings, including online streaming services, to financially contribute to the development of Canadian programs and Canadian talent. That is what Canada's important independent production sector needs to continue to thrive.
A strong independent production sector ensures Canadian stories are told by and for Canadians. However, it is not enough to encourage the production side alone. It is important that Canadians can find and access Canadian stories and music. As we see more of ourselves reflected in these popular mediums, it creates a sense of pride and a sense of unity, which are precisely what we need in these difficult times.
The influx of streaming programs has meant access to endless content, but it can be difficult to find or even recognize Canadian programs. This is in part because online platforms are not required to showcase Canadian programs in the same way as traditional broadcasters.
Our independent productions, and especially Canadian music, deserve to be discovered and supported. However, in the current context, it is a challenge for independent producers to remain visible in the marketplace.
With major artists like Kanye, Adele and Ed Sheeran dropping new music every few weeks, new content simply outpaces our ability to consume it. While we find pride in Canadian artists such as Drake, The Weeknd and Shawn Mendes dominating streaming playlists, we know that production and quality music alone are not enough to get noticed. If that were the case, we would see artists such as k-os, Hawksley Workman, Ada Lea and the quartet Corridor find the global success they deserve.
Word-of-mouth marketing is no longer sufficient. Our musical tastes are increasingly dictated by algorithms. What we are asking for has proven successful in the past. Forty-one years ago, the federal government stepped in with requirements for CanCon to save our singers and musicians from being lost to the radio hits from the United States. We are adapting this policy to safeguard Canadian music for the future.
Without prominence, Canadian stories and songs will not be discovered, heard or remunerated. Discoverability is important. It is an opportunity to be introduced to up-and-coming Canadian artists such as Morgan Toney, a young Mi'kmaq fiddler from Nova Scotia.
I will end here, as I know my time is short. Anything I did not say I can hopefully get to in a question or two.
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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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