44th Parl. 1st Sess.
March 9, 2023 10:00AM
Madam Speaker, it is an honour to speak in the House today to this very important bill, which will certainly impact Canada for generations to come. I will be splitting my time with the hon. member for Foothills.
This really is about the Internet. That is what we are talking about today. It is such a marvellous thing. It has led to the creation of Canadian content being shared around the globe. It is truly the definition of free market, merit-based hard work and consistency, and there is so much it can do for Canadians and their content to share it globally with the world. From the palm of one's hand, all that is needed is the Internet or a data subscription package, and people can share their ideas with everyone with the push of a button.
It really is an incredible time that we are living in. It has only been about 15 years that Canadian content creators and producers could share their ideas so freely and so easily all around the world. This really begs the question of why, if they have had this much success and this much freedom, why is the government looking to regulate that?
Why is it looking to put constraints on the freedom that has generated so much success for homegrown Canadian content? That is the question we are looking to answer today. The answers I have heard from the government have not satisfied me that this bill is worth the risk of what it may do, and what it will likely do to Canadian content creators.
Through this piece of legislation, the government, in essence, is about to give itself authority to control what Canadians see on the Internet. Rather than Canadians getting to decide what they see, it would be the government dictating what they see when they open up their smart phones, when they pull up their YouTube app. That would be dictated based on CRTC criteria. I will go into that in a minute.
It would not just impact what we see online, it would also impact the content that Canadians themselves put online. Thousands of videos from Canadians are uploaded every minute, so we are talking about a huge impact on Canadian content creators and those who enjoy watching that content.
It is not only the Canadian content within our own national borders, but also anything that Canadians are looking to view on YouTube from around the world, that would be regulated by this bill.
Why are the Liberals doing this? They are claiming that they are the government and they are here to help content creators. They want to promote, as they say, Canadian content with government regulation. As a Conservative, that immediately brings up a lot of red flags. It also brings up a lot of red flags for Canadian content creators regardless of their political views.
How the government is going to do this is really the concerning part of this bill. The bill gives the government, through the CRTC, the power to force social media platforms and streaming platforms to manipulate their algorithms so that the discoverability of what they deem Canadian content is sort of pushed up the ranks. This is concerning. We have to remember that the CRTC, the Canadian Radio-television and Telecommunications Commission, controls what we see on traditional television and radio, and has done so for the last 50 years. It is really the ultimate gatekeeper of content in Canada in the traditional formats. That comes into play in sections 9 and 10 of the bill under what is called discoverability regulations.
As I mentioned, that is what is really going to determine what we are seeing when we open, for example, our YouTube page. It is going to be based on what Canadian content is, which has yet to be defined. To me that means it is going to be some Ottawa bureaucrat deciding what Canadian content is.
From what I understand, The Handmaid's Tale, which is a world phenomenon Netflix show based on the book by Margaret Atwood, who is, of course, a very notable and famous Canadian author, would not be considered Canadian content. That is not something that would be promoted based on these discoverability rules.
One would think, if this were for Canadian content creators to help them or give them a boost, that Canadian content creators would be over the moon about this, but in fact it is quite the opposite. Over 40,000 content creators, and that is incredible because there is a lot of content creators but not that many people who actively contribute online looking to influence and share their ideas, but 40,000 of them in Canada have affiliated with Digital First Canada and signed letters calling for the discoverability rules of Bill C-11 to be removed from the bill.
Again, 40,000 people who would be directly impacted this, who are supposed to be the ones that the government is saying it is helping, said they do not want this. That, to me, in itself, is enough to say that maybe we should park this bill, shelve it or throw it in the trash for good.
However, the government has continued on for the better part of the last three years. It is not just Conservatives or these content creators who are sounding the alarm. There are other experts in this field as well. Scott Benzie from Digital First Canada explained, “most Canadian creators do not care solely about the Canadian market. The platforms are built for global discovery...local discovery, is a recipe for failure and jeopardizes successes like the indigenous creator renaissance...Canadian musicians seeing global recognition and the world-class gaming industry.” local discovery is what Bill C-11 would target and promote through the algorithms and their manipulation, but they have all had success without the need of any government control from the CRTC.
Marie Woolf, for the Canadian Press, who did extensive research on this, said:
YouTube itself has warned that Canadian digital creators, including influencers and streamers, could lose foreign revenue if the government forces digital platforms to promote Canadian content.
The proposed legislation that would force YouTube and other streaming platforms to actively promote Canadian content risks downgrading the popularity of that same content abroad....
Again, it is important to know that the data from YouTube says that nine out of 10 people watching the stuff that our Canadian creators put online are not from Canada. Therefore, this would have serious consequences for those who are looking to be successful online. It would limit their global audience based on the basic algorithms of YouTube.
A lot of money and livelihoods are depending on this. The number of YouTubers from Canada earning $100,000 or more is growing steadily every single year. People are already having a lot of success, again, without the government's control and so-called support.
Morghan Fortier, co-owner and CEO Skyship Entertainment said, “We've seen first-hand that, when barriers are removed and Canadians are given equal, free access to an open platform and a global audience, they can take on the world. For Canadian creators, YouTube is a level playing field on a world stage. It doesn't matter who you know or what you look like. Any Canadian with an idea and a smart phone can be a creator and find an audience on YouTube.”
That is what it is today, but that is not what it will be tomorrow or whenever Bill C-11 passes.
She went on to say, “If this bill passes as written, the CRTC could determine what content should be promoted in Canada through discoverability obligations.... This approach puts the regulator between viewers and creators, handing the CRTC the power to decide who wins and who loses.”
Obviously, this will have an impact on our Charter of Rights and Freedoms and the freedom of speech that we enjoy.
Michael Geist, a foremost expert in this area in Canada, outlined this very well. He said:
To be clear, the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard. In other words, the CRTC will not be positioned to stop Canadians from posting content, but will have the power to establish regulations that could prioritize or de-prioritize certain content, mandate warning labels, or establish other conditions.... The government has insisted that isn’t the goal of the bill.
He finished by saying, “If so, the solution is obvious. No other country in the world seeks to regulate user content in this way and it should be removed from the bill because it does not belong in the Broadcasting Act.”
Many people have outlined the threat that this poses to free speech. As someone who loves our Charter of Rights, that is a grave concern to me and the Conservative Party.
Certainly, the elephant in the room here is, as Jay Goldberg, Ontario Director and Interim Atlantic Director for the Canadian Taxpayers Federation, said, “If government bureaucrats get to choose what content to push on Canadians, there’s a very real risk the government will be tempted to use its filtering powers to silence its critics”, which we have seen since time immemorial from governing authorities looking to quash dissent. It is happening right now in China, Russia, North Korea and Iran. I really do not understand why we would open the door in Canada for our government to do that, yet here it is in the bill.
If we do not need this, then why are we doing it? Content creators tell me that they have had lots of success already. Why are we doing this? I do not know. I have yet to be convinced of the need for it at all.
I will conclude with a quote from the leader of Canada's Conservatives, who said this very well on the threat that this poses to the liberties that Canadians enjoy and the success they have received online with the freedoms we, at least today, have for now. He said:
We live in a free country. Everyday, ordinary Canadians should be allowed their own megaphones and the only limit on how loud and how vast their voices are should be whether people choose to listen to them. Everyday Canadians should be able to decide what they like by voting with their clicks. That is the kind of liberty we should extend to the Canadian people. In the marketplace of ideas, there is no role for state coercion and intimidation. There is no role for nameless, faceless government bureaucrats to decide who is heard and who is not. Everyday Canadian people should have the freedom to do that for themselves.
After eight years, it is time for a government that protects freedom of speech and consumer choice, and encourages Canadian creators instead of getting in their way, which is what Bill C-11 would do. That is why Conservatives will fight it every step of the way, and we will repeal when we are in government.
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Madam Speaker, the control is right in the bill. Clause 9, for example, the one I talked about in my speech, would dictate discoverability. It would provide the CRTC, the ultimate gatekeeper of traditional content platforms, the ability to force online streaming platforms and social media platforms to comply, under pain of a $10-million fine, I will add, with the enforcement of discoverability laws. They will downgrade a video that does not meet the government's definition of “Canadian” and will upgrade a video that does. To me, that is absolutely a limit on the free speech of the individual who is deemed not Canadian enough by the government's vision of Canada, which, as the Conservative Party has made very clear, we take great issue with over and over again.
That is in the bill itself. I do not know what to tell the member.
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Madam Speaker, it is from the reading of the bill and the experts in Canada who have been telling us this. I mentioned a number of expert opinions, whether they are from Michael Geist or other legal experts. They have explained to Canadians that it is discoverability rules that would dictate what social media and streaming platforms can do with their algorithms to ensure they are meeting the standard of what is Canadian.
I will say to members of the Bloc Québécois that I am surprised they are supporting this. They seem very keen to separate themselves from Canada, yet they are handing over the power of their own content creators, to be dictated to by a major Canadian gatekeeper, the CRTC. It really does not make sense and is not in line with what they believe in and how independent they want Quebec to be. This bill would ensure that what Quebec content creators get to share online and what other Quebeckers get to see would be dictated by a major Canadian gatekeeper. I cannot really square that circle.
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Madam Speaker, I think the member is asking me the same question twice, so I will repeat that clauses 9 and 10 in the bill would dictate discoverability to social media platforms. As I have said three times now, or four if I include what I said it in my speech, this will mean that when someone opens their YouTube page, if it is not Canadian enough based on the criteria from the CRTC, as dictated in clause 7 of the bill, it will not be promoted based on the algorithms.
Perhaps the member is not aware what an algorithm is, and that is okay, but an algorithm is determined in the very software of the legislation. He may want to just google that quickly if it is still available online—
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