44th Parl. 1st Sess.
June 20, 2022 11:00AM
Mr. Speaker, today I rise to lead our consideration of third reading of Bill C-11, the online streaming act. This is not our first time dealing with this type of legislation. Bill C-11 is largely the same as the previous bill, which was adopted by the House on June 2021. The main difference between the two are changes in the approach to social media and the correction of drafting errors.
Our government reintroduced reforms to the Broadcasting Act in February of this year. Our goal with this legislation is to modernize the act so that it continues to serve Canadians in an increasingly digital age. Bill C-11 also delivers on our government's promise to update the act in support of Canadian content.
We Canadians are known for our rich and diverse culture. This is no accident. Rather, it is a consequence of bold action taken in the past. Our culture is the result of deliberate decisions Canadians have taken to support it, not the least of which is the Broadcasting Act, a crucial piece of cultural legislation.
The Broadcasting Act is not new. It was last amended in 1991, when I was still at Mary Ward elementary school in Niagara Falls. The years since have seen a rapid innovation in all sectors regulated by the act. The Internet has gone from a rarity to something that we hold in the palm of our hands. TV Guides have been thrown out in favour of on-demand streaming. Music has become ubiquitous, thanks to robust digital libraries. Films are now more available and instantly accessible, more than ever before. It is like having a Blockbuster store right in our own home. If we are talking about 1991 references, that is a good one to make.
In short, how we produce, access and think about content has changed dramatically. Our updates to the Broadcasting Act will continue to serve Canadians now and in the future as well as it has in the past.
I would like to highlight four main ways the online streaming act will serve Canadians.
First, Bill C-11 will ensure greater representation in our entertainment media for minority communities in Canada. Diversity is a cornerstone of Canadian identity but it is not a given. Representation matters. We must make sure that all Canadians can see themselves reflected in the stories they engage with.
Bill C-11 makes it possible for minority communities to be better seen and heard in our digital media. Some of these communities include francophones, indigenous peoples, minority language communities, LGBTQ+ persons and persons with disabilities. Canadian programming is telling those stories. It is up to us to make sure those voices are heard loud and clear, and that even more diverse voices can join them. Kim's Convenience, a show produced by CBC, follows a Korean family who runs a small business in Toronto, a distinctly Canadian experience. Schitt's Creek, another Canadian television program, leads with LGBTQ2S+ characters.
It is stories such as these that make us proud to be Canadian. They make us feel at home and they also make us feel seen and heard. We must not underestimate the power of seeing these kinds of stories on our screens. We must take action to make a welcoming space online for a diverse chorus of voices. This action includes taking steps regarding allocation of resources, which brings me to my second point.
The audiovisual interactive media sectors contributed over $19 billion to Canada's GDP in 2020. It is an important segment of the Canadian economy, yet industry trends are worrisome. Current market trends anticipate a decrease in the production of Canadian television content by approximately half a billion dollars by 2025, compared to 2020. That is a 13% decrease and 13% fewer Canadian voices to be heard.
The year 2020 was not an optimal year either. That year, Canadian television production declined by $320 million compared to 2018. These numbers are not figments of our imagination. They are facts. The industry is telling us that it needs our support and we should listen. Bill C-11 proposes interventions that can change the trajectory of these projections. If passed, the Department of Canadian Heritage projects that Canada's cultural production ecosystem could benefit by more than $1 billion annually in mandated contributions. Greater financing means that additional funding would be available to Canadian productions, which would lead to more diversity in our broadcasting.
The risk is not purely economic. We are also risking the livelihood of tens of thousands of Canadians. Film, television and broadcasting production sectors represent 165,000 jobs. We need to protect the stability of those employment opportunities, especially as we come out of a pandemic.
The pandemic limited the revenue steams of Canadian artists and creators. Many had to reinvent how they share their gifts with the world. We all benefited from their resilience. We found solace in their music, we travelled through film and we experienced community through television. Creators are there when we need them, and Bill C-11 is our way to give back to them.
Creators told us they did not want to be subject to regulations in the online streaming act, and we listened. Their work will not be considered commercial, regardless of how much money they make. Our legislation would ensure that productions of digital-first creators do not face additional hurdles. Traditional broadcasters have long been subjected to certain requirements that bolster Canadian creators. We must ensure that new broadcasters, such as streaming platforms, offer our sectors the same backing. Bill C-11 would make that a reality.
My fourth point is to do with the support of artistic innovation. We wrote Bill C-11 to advance artistic innovation, not to hinder it. One of the ways we would be advancing innovation would be by changing our primary regulatory tool. As it stands, broadcasters must obtain broadcasting licences from the CRTC before they can operate in Canada. This is the bread and butter of current regulations. In this legislation, we have adopted a new approach: the condition-of-service model. Under our new model, broadcasters, both traditional and digital, could operate in Canada as long as they respect the conditions laid out by the CRTC.
The new conditions of service could be updated at any time. Previously, updates would only be made during the licensing renewal process, or every five to seven years. Our proposed model would give the CRTC the ability to seek contributions from broadcasters in support of Canadian storytellers, be they musicians, TV producers or filmmakers. All of these updates would ensure that regulations can evolve alongside the industry, rather than chasing to keep up.
I would like to change gears for a moment. I have laid out the four key things the online streaming act would do to improve cultural development and equity in Canada, but let us take some time to look at what the act would not do.
I will start with the most fundamental point. Bill C-11 would not regulate the Internet. I will say it again, because we hear it from the other side: Bill C-11 would not regulate the Internet. Traditional broadcasters have been regulated by the Broadcasting Act for decades. Television personalities were never regulated by the Broadcasting Act. This principle would not change under Bill C-11. The legislation would update our definition of “broadcasters” to include the platforms many of us get our content from.
The online steaming act would regulate foreign streaming companies, such as Netflix and Spotify, and domestic ones, such as Crave. Social media platforms that function as broadcasters, such as YouTube, could also fall under these regulations, but only the social media service itself would have responsibilities under Bill C-11. Content creators would not be subject to regulations. Platforms are in, and users are out.
Bill C-11 would not control what Canadians view online. On the contrary, it would pave the way for folks to view more Canadian content. With Bill C-11 we would be making it possible for Canadians to create more stories that resonate with their fellow Canadians. This fact goes back to my earlier point about the need for equal representation on our screens and in our earphones. We want to ensure that Canadians in the cultural industry face no closed doors when they tell their stories. The online streaming act would not limit the choices of Canadians, and this bill would create more choices for consumption, not less.
I want to assure every Canadian that, if this bill becomes law, their ability to choose what they watch and what they listen to would not change. We will always protect Canadians' freedom of expression.
The legislation would not overturn the Broadcasting Act. It would modernize the Broadcasting Act so that the good of that legislation continues to be experienced by future generations of Canadians for years to come. History has shown us the importance of supporting broadcasting through legislation. Thanks to the Broadcasting Act and the work of parliamentarians who passed and amended it, we grew up consuming and loving Canadian content. This content has played a role in establishing our collective identity.
Our country is vast. Geographic separation can isolate us from province to province, territory to territory and region to region. Our shared experience of viewing and listening transcends the distance. It is one of the things that unites us. The actions and achievements of past parliamentarians made it possible to hear languages we did not speak, to see coasts of our country we had not seen and to listen to music unlike what we heard in our homes.
Our job is hold open even richer cultural experiences for coming generations of Canadians. Part of my identity as a Canadian is thanks to people who saw value in giving me those experiences. I would like to return the favour for future generations.
The COVID pandemic was a challenge for many of us. We watched local businesses struggle, community theatres close and film productions cease. Despite all of this disruption and chaos, many large streaming platforms had pandemic gains. Netflix is one example. The company gained 16 million new subscribers at the beginning of the pandemic. Fairness is paramount, and streaming services should hold no preference. As they solidify their place in our media landscape, they must be subject to wise and fair regulations. Bill C-11 could require online streaming platforms to contribute to the production of Canadian audio or audiovisual content. This bill could also require them to financially support the training of Canadian creators. This kind of financial support makes a big difference in the lives of many people.
Bill C-11 is before us today, thanks to the dedication of Canadians, public servants, industry professionals and parliamentarians. The Broadcasting Act guided the creation of great Canadian content for many years. We are grateful for the experiences it enabled us to share in the current era it helped us usher in, but we cannot let past decisions determine what tomorrow looks like. It is time for Canada to take greater control in today's digital era to fight for greater representation; to strengthen cultural growth and cultural sectors; to safeguard jobs and music, film and television production; and to evolve with the times and not fall behind them.
I am proud to stand behind legislation that will help Canada do that. I would like to commend the Minister of Canadian Heritage for his passionate defence of this legislation. His leadership has been critical in getting the bill to this point. I would also like to thank the Minister of Environment for the work he did on this legislation when he was the minister of Canadian heritage.
Now it is our turn to act. In passing this legislation, we will bring about a new era of Canadian content creation. We will ensure a promising future for our artists, our creators and our storytellers. We will shape what future generations think of when they picture what it means to be Canadian. Let us give them a future they can see themselves in.
With that, I invite my hon. colleagues to support this legislation.
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Madam Speaker, I will be splitting my time with the member for Kamloops—Thompson—Cariboo.
Bill C-11 is yet another attempt by the Liberals to regulate what Canadians can say and see on the Internet by granting unprecedented powers to the CRTC with, importantly, no clear guidelines or limits on how that power would be used.
The minister has made many claims about Bill C-11. He says that it would protect Canadian identity and culture, that it would help promote diversity and marginalized groups in Canada, and that it would tell Canada's story to the world. These objectives are commendable, but the big problem is that Bill C-11 would actually accomplish none of them. Instead, it would threaten the viability of Canadian digital content creators, stifle innovation and grant unprecedented new powers to the CRTC to dictate what Canadians can read, what they can listen to, and what they can say and see on the Internet.
Like its predecessor, Bill C-10, Bill C-11 is not about promoting Canadian content. It is really about censoring views and ideas that the Liberal government does not like, all under the auspices of strengthening Canadian culture. The bill's so-called discoverability provisions would essentially push content in front of Canadians, if that content is considered Canadian enough, whether people want to see it or not. If it fails to pass the government's definition of “Canadian”, it would be pushed down in the queue where it cannot be found. The CRTC would essentially decide which content creators succeed, what content Canadians see and what content Canadians do not see. The minister has recently declared that he alone would develop rules on what content is defined as Canadian. That is a pretty shocking revelation, that he considers himself the single arbiter of national identity.
This is especially disconcerting since the NDP-Liberal government is also currently developing an online harms bill, which has been so shrouded in secrecy that only recently an access to information request uncovered thousands of pages of negative comments by stakeholders. Critics warned that the original Liberal government plan would amount to censorship. I understand that a new proposal is now being put forward, given all the criticism. It would apparently place the onus on digital platforms to deal with harmful content. Based on the Liberals' track record, no one should believe that this proposal would pose less of a threat to individual liberties than their other ideas. I am not sure how they would tackle real online harms, such as non-consensual or child sexual abuse material, which is often not enforced through platforms right now.
On Bill C-11, thousands of Canadian artists, content creators and policy experts have voiced extreme opposition. They point out that pushing content to viewers who are not interested in it would actually harm Canadian creators, because the algorithms will penalize content that viewers do not interact with.
Justin Tomchuk, a Canadian producer who operates two very successful YouTube channels, noted, “Our channels have highlighted Canadian products for the world to see and purchase. Unfortunately, Bill C-11 would make that more difficult and potentially destroy our visibility internationally.”
Dr. Irene Berkowitz, a senior policy fellow at the Toronto Metropolitan University’s Audience Lab, also testified at committee, and Matt Hatfield said that it's “very risky for a small country like Canada to encourage this kind of model of prioritizing our own content. The benefits are pretty meagre if we make it work for our local content. The risk, if a larger country like France were to do the same thing, is enormous to us.”
Morghan Fortier, co-owner and CEO of Skyship Entertainment, creator of Canada's most-watched YouTube channel, said:
Bill C-11 is...a bad piece of legislation. It's been written by those who don't understand the industry they're attempting to regulate, and because of that, they've made it incredibly broad. It mistakes platforms like YouTube, TikTok and Facebook for broadcasters like the CBC, Netflix and Amazon Prime. It doesn't understand how those platforms operate, and it ignores the fundamental importance of global discoverability.
Those same points echo around the Canadian arts scene. Scott Benzie, the managing director of Digital First Canada, which advocates for digital content creators, said, “Most concerning about C-11 is that there is still room in the bill for the government to force platforms to put 'approved' Canadian content ahead of independent Canadian content and artificially manipulate the algorithms. Even in the best-case scenario this bill only has downsides for digital-first creators, while the traditional media industry gets their funding doubled.”
The reality is that traditional broadcasters like the CBC would receive more funding under Bill C-11, while independent innovators driving Canadian digital leadership will be left behind. Not only will Bill C-11 not promote Canadian digital content or strengthen Canadian culture, but its discoverability provisions will stifle innovation and impose severe restrictions on what content Canadians can access.
During committee hearings, the campaigns director of advocacy group OpenMedia, Matt Hatfield, said, “Manipulating our search results and feeds to feature content that the government prefers instead of other content is gross paternalism that doesn't belong in a democratic society.”
There really is no better definition of “censorship” than what the Liberal government is trying to do in Bill C-11. Censorship is at its very core. The Liberals even used censorship to cut off debate and ram through an unprecedented 150 amendments to the bill with no discussion or explanation. Over the last two weeks, the Liberals have effectively censored their own censorship bill.
Canadians will remember the fiasco of Bill C-10, which the Liberals introduced last year. Under Bill C-10, people's everyday expressions, which could include pictures, audio and video, would have been magically turned into broadcasting programs when transmitted by third parties like social media firms over the Internet, unless the CRTC or a cabinet policy directive said otherwise. Almost any individual-generated content would become subject to regulation. That is why Internet law expert Michael Geist called Bill C-10 an unconscionable attack on the online free expression of Canadians. As the Liberals stifled debate and used tactics like closure on Bill C-10, Conservatives did propose amendments to protect individual users and smaller players in the market by exempting streaming services and social media users with lower revenues, but the Liberals rejected that common-sense compromise.
Now the minister claims that this new bill, Bill C-11, addresses the concerns about Bill C-10 and that Canadians can be assured that regulating user-generated content on the Internet is now off the table, but that is just not true. In fact, when asked at committee hearings about whether Bill C-11 includes the potential for regulating user content, the CRTC chair, Ian Scott, acknowledged, “As constructed, there is a provision that would allow us to do it as required”.
The Liberals have tried to pull the wool over everyone's eyes with Bill C-11 by apparently reintroducing some original safeguards, while at the same time introducing a new provision that effectively negates the safeguards. I think we all agree with the goal of updating Canada's Broadcasting Act and bringing it in line with the realities of the 21st century. Conservatives have said repeatedly that we support creating a level playing field between large foreign streaming services and Canadian broadcasters, but Conservatives believe we can achieve that reform while also protecting individual rights and without turning the CRTC into an all-powerful censure board with almost no limits to its regulatory authority.
Should Canadians entrust the Prime Minister and the government with the power to regulate what Canadians say and see? Let us look at their track record. There have been many examples of this particular Prime Minister cracking down on those with whom he disagrees, from former senior ministers who defended the principle of judicial independence, like the Hon. Jody Wilson-Raybould, to denigrating and demeaning fellow Canadians who want their freedom back and to end federal mandates, and helping perpetuate misinformation and fake news about them, their motives and their actions. The Prime Minister has actually called Canadians who disagree with him un-Canadian. Therefore, is it any wonder that Canadians would be skeptical about his plans for the cabinet appointments who will define Canadian content for regulation?
This penchant for using the unbridled power of the state against the individual Canadians is embodied in Bill C-11 and in coming legislation the Liberals will claim is necessary. However, stakeholder groups that have been involved in consultations so far have called the Liberals' proposals dangerous, with the possibility of expanding the powers of regulators over time and significantly impacting the free expression and privacy rights of Canadians.
My constituents are clear about their views on the Liberal government's heavy-handed attempts to regulate and control what Canadians are allowed to say and see on the Internet. They have told me they do not agree with the Liberal government's censorship measures. No government agency responsible for broadcasting in a free and democratic society should have the kinds of powers and unchecked discretion as are proposed in Bill C-11. Canadians have fought and died to defend rights to freedom of thought and expression. In a society that cherishes these values, Bill C-11 would leave the door open for real abuses of power against the free expression rights of Canadians.
My Conservative colleagues and I will remain steadfast in working to stop the NDP-Liberal government from taking away the free expression and individual rights of Canadians. In its present form, we oppose Bill C-11, given the potential for it to establish a regime of censorship, control and regulation while not achieving the outcomes its proponents purport.
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Mr. Speaker, I thank the hon. member for Calgary Skyview for sharing his time with me.
I respectfully acknowledge the Anishinabe people as I join the debate from the national capital region located on the unceded traditional territory of the Algonquin nation.
It is an honour to rise in the House today to speak in support of Bill C-11, the online streaming act. This bill represents an important milestone in supporting Canadian culture, both today and into the future. Some critics of the bill have questioned the need to safeguard Canadian culture, and I would like to take the opportunity today to talk about some of the unique benefits provided by the Canadian broadcasting system.
While online broadcasters are an important element of the Canadian system in this day and age, some genres like sports remain the mainstay of traditional broadcasters. With this legislation, the sports programs that Canadians currently enjoy would remain available in the future as technologies evolve and business models change.
Canada has a rich history of athletic excellence, and Canadian broadcasters have been there to capture these moments and share them with our fellow Canadians. In the earliest days of radio, Foster Hewitt would welcome fans to hockey broadcasts on Saturday nights with his iconic sign-on: “Hello, Canada, and hockey fans in the United States and Newfoundland.”
Broadcasting helped inspire a love of one of our national sports for generations of Canadians. Broadcasters have covered innumerable Stanley Cups, the historic summit series between Canada and the U.S.S.R. at the height of the Cold War, and both our men's and women's national teams winning gold medals on home soil in the 2010 Winter Olympics, hosted by Vancouver. Moments like these bring Canadians of all backgrounds together. They are fun, entertaining and dramatic. Such experiences strengthen the cultural fabric and sense of sovereignty of our country.
It is not just hockey that broadcasters showcase for Canadians. Through the small screen, Canadians have seen numerous remarkable athletic achievements. Television and radio have chronicled the Toronto Blue Jays, first in 1992 then again in 1993, and the Toronto Raptors in 2019, becoming the first champions from outside the United States in professional baseball and basketball respectively.
We watched as Mike Weir became both the first Canadian and the first left-handed golfer to win the Masters in 2003. Similarly, Georges St-Pierre won two UFC welterweight championships, cementing his reputation as a renowned athlete and possibly the best MMA fighter ever. Traditional broadcasters, through a range of offerings like basic cable and pay-per-view television, have allowed us to follow these careers and share in these exciting moments.
We saw Donovan Bailey go down in history as the fastest man in the world when he won Olympic gold in 1996. We marvelled when Bianca Andreescu captured the first tennis singles major in Canadian history by winning the 2019 U.S. Open.
The country was captivated by one of the most inspiring athletic achievements in history when Terry Fox ran 5,300 kilometres across Canada in 143 days to raise money for cancer research during the Marathon of Hope.
Sports and athletic achievements are without a doubt an important part of Canadian culture. Canadian athletes set records and break ground. They reflect the diversity of our country, and we can celebrate their athletic accomplishments in real time, in part because these sports programs are made available through our broadcasting system.
Cross-country skier and biathlete Brian McKeever has a career total of 17 medals and is now Canada's most decorated winter Paralympic athlete, an honour previously held by the late Lana Spreeman. The Paralympic Games raise the profile of accessible sports with coverage by CBC and by other broadcasters. In the recent winter 2022 Paralympic Games, Canada ranked third as a country, bringing home 25 medals.
As a particular point of pride, Canada is a leader in women's sports and making strides toward gender equity in the field. For instance, when Christine Sinclair scored her 185th international goal, she broke the scoring record for both men's and women's international soccer. Quinn became the first transgender, non-binary athlete to earn a medal when the Canadian women's soccer team won gold at the 2020 Tokyo Olympics.
Moments like these inspire Canadians and create a shared sense of national pride and unity. Canadian broadcasters have played a key role in sharing these events with Canadians. That is why Bill C-11—
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