Senator Miville-Dechêne: Of course.

Hon. Julie Miville-Dechêne: Would Senator Manning accept a question?

Senator Miville-Dechêne: Let me start again. Unlike you, I don’t have absolute faith in the free market. Simply promoting a given song, for whatever reason, doesn’t mean it’s normal for that song to always top the others. I think the beauty of our Canadian cultural laws and regulations is that they showcase different Canadian cultural products.

This idea of putting forward a song, whether it’s American, British or Pakistani — I understand that you think that’s what works. You like the free market system. You are happy that the most popular ones are basically the only ones that get any play. However, that greatly reduces cultural diversity. Don’t forget that less than 5% of the songs that Quebecers listen to on Spotify are from Quebec artists. We got to that point because people can’t find these songs — they are tucked away at the back of the closet, as we say. Sometimes, young Quebecers should hear a song and say to themselves: “Oh, look at that! Here is a song by a Quebec artist. I should listen to it.” The idea behind this isn’t to force someone to listen to certain content, but to offer content. That’s the difference.

A system that suggests songs based on an algorithm has nothing to do with our cultural diversity or Canadian culture. It’s a commercial, for-profit system, and foreign companies are currently controlling our cultural consumption.

Senator Miville-Dechêne: I rise to speak at third reading of Bill C-11, An Act to amend the Broadcasting Act.

Many things have been said about this bill over the months — before, during and after the review in committee. To some, Bill C-11 is absolutely necessary and should have been passed without amendment several months ago. To others, this is machiavellian legislation that jeopardizes the rights and freedoms of Canadians. I’d like to state from the outset what this bill does and what it doesn’t do.

[English]

First, the bill does not censor or restrict Canadians’ freedom of expression in any way. Once the bill is passed, all Canadian residents will continue to publish and consume all the cultural content they want, just as before. Whatever is available today will continue to be there. Anything you want to publish today can be published tomorrow. As such, nothing changes. With all due respect, those who denounce Bill C-11 as an evil act of censorship and infringement on our rights and freedoms are out to lunch.

What Bill C-11 does seek to do, however, is offer some support to our creators and, in particular, to Canadian creators in a minority situation. This support takes two forms: money and increased visibility. Under the bill, the major streaming platforms will have to contribute financially to Canadian culture and they will have to promote and recommend the works of our creators.

[Translation]

This bill is especially important to me as a Quebecer and particularly as a francophone because French is a minority language in a cultural ecosystem where discovery occurs first and foremost on foreign platforms where English is the dominant language.

Let’s be clear. Bill C-11 won’t provide a miracle solution. However, this bill with its rather imperfect regulatory tools constitutes a first step toward giving our creators a chance to make a name for themselves in the flood of global content.

Many unknowns remain, even after a lengthy study in committee. What specific criteria will determine what constitutes Canadian content? How will the visibility of Canadian content be measured? How can we promote Canadian content without making undue changes to the user experience? What does the word “discoverability” even mean? It is rather central to this bill, but it has yet to be defined. It will be up to the CRTC to answer these complex questions, which some people say will just open a can of worms.

Since Bill C-11 was introduced, some critics have found that the discoverability measures in particular constitute an inexcusable violation of consumer preferences and platform algorithms. I don’t see it that way. The market is not a god, and even in the internet age, it is still appropriate for countries to support their culture and defend their cultural sovereignty.

Despite the limitations of Bill C-11, I believe it is essential that Canada deploy legislative and regulatory tools to support its film, music and digital works in the context of globalization. Historically, Canada has taken the necessary steps to ensure that its cultures — particularly its minority cultures — have a voice, exist and are known and appreciated. Of course, with the evolution of technological platforms, it makes sense that our means of intervention should adapt, but the political and cultural imperative remains. Canadian culture, particularly minority and francophone culture, is not a commodity like any other.

I note, however, that Bill C-11 has shone a light on a generational conflict that we must consider. In Quebec in particular, nostalgic people praise the 65% francophone music quota on Quebec radio, which certainly allowed several generations, like mine, to get to know Quebec classics such as Robert Charlebois, Beau Dommage and Harmonium. However, younger people don’t listen to much radio or watch much TV anymore. They are on Spotify or YouTube and they value that freedom, which has increased their listening possibilities tenfold and opened new markets. These are real benefits that no one, even older people, would want to do without now.

The trade-off, however, is that young Quebecers no longer know their local artists, they listen to them less and less, so I’m worried about the sustainability of my culture.

This is a sensitive but crucial issue. We have to strike a balance between wanting to expose users to new Canadian cultural content while protecting their freedom and media consumption experience. I admit that is a major challenge.

In terms of legislation, the internet is still a new subject area that raises a number of issues. Bill C-11 is a first attempt at legislating in favour of Canadian culture, but it is certainly not the end of the line. There are bound to be mistakes and adjustments that have to be made as platforms evolve. This bill actually gives the CRTC a lot of flexibility.

As the committee wrapped up its study, some were still questioning the validity of Bill C-11, but what’s the alternative? I think the status quo isn’t viable for our creators, especially francophone creators. It is magical thinking to believe that market forces will miraculously enable Canada’s francophone creators to survive and have an impact despite being a drop in the ocean. Right now, that francophone content is being drowned out.

When singer David Bussières appeared before the committee, he neatly summed up the situation as follows:

 . . . the longer it takes, the greater the hegemonic effect of the Big Tech oligopoly in distancing audiences from local content. Our cultural identity is ultimately at stake, with all its diversity . . . and the fact that it is home to the only francophone communities in America.

During the study in committee, the senators from the Independent Senators Group, of which I am a member, got the 18 amendments that they moved adopted. Some of those were major amendments.

In my opinion, the most important amendment, which was prepared in cooperation with Senator Paula Simons, strikes to the heart of the debates on Bill C-11, namely, the scope of the exception for content generated by social media users.

The adopted amendment curbs the CRTC’s discretionary power and basically limits the bill’s application to professional music content. This further guarantees that YouTubers will not be targeted by Bill C-11, even if they generate revenue. This amendment also recognizes the fact that the world of cultural creation has changed. Individual creators have flooded social media with special content. They aren’t subsidized. They don’t have money. They manage on their own and they use their own business model. Our amendment helps to better maintain their autonomy.

I personally moved two other amendments, which were adopted. The first was in keeping with the recommendation of the Privacy Commissioner, Philippe Dufresne, who was of the opinion that Bill C-11 should better respect consumers’ and creators’ right to privacy. That is a significant addition given the considerable exchange of personal information resulting from the regulations.

The other amendment is the result of my long-standing commitment to protecting children from exposure to online pornography — or what is called adult content, which is regularly consumed by millions of children around the world — which causes obvious harm. The objective of Bill C-11 is to give the CRTC the power to regulate online platforms in the same way that it can regulate traditional broadcasters. The CRTC already has the ability to regulate access to sexually explicit content in traditional broadcasting, through cable or satellite, and my amendment only transfers that ability to online content.

The amendment reads as follows:

 . . . online undertakings shall implement methods, such as age-verification methods, to prevent children from accessing programs on the Internet that are devoted to depicting, for a sexual purpose, explicit sexual activity;

This is simply a statement of principle. The regulations and consultations should be carried out before these age verifications go into effect. The objective is simple. We will apply to the internet precautions that exist in the physical world to protect children from adult content.

[English]

I will conclude with a few words about algorithms, which were discussed at length during our committee hearings. These algorithms are, in a way, the secret sauce that determines what content is recommended and put forward for a given user. I say “secret sauce,” because we know almost nothing about these formulas which are closely guarded by the platforms. These algorithms incorporate several variables and data with the goal of attracting and retaining users for as long as possible. Yet, for some, these algorithms are not only confidential but sacrosanct — any attempt to intervene in favour of Canadian content thus constitutes a form of crime against the free market.

Here is what Brock University Professor Blayne Haggart told the committee about algorithms:

Algorithms become one of those magic and scary words that intimidate people, but all they really are is a set of rules that are repeated over and over again. . . . It is a form of regulation.

These privatized discoverability regulations are not designed simply to surface the most popular content or the content that you, the viewer, or reader, are most interested in. These companies do not just tell us what content is popular; they define what popular means. They already create winners and losers and they define popular to fit their own interests, however they decide to define them.

Personally, between private and opaque discoverability rules and public and transparent discoverability norms, I prefer the latter. That being said, I have no doubt that the platforms will adapt intelligently to the new requirements, and that they will continue to offer their Canadian users the content they like and are looking for, in addition to showcasing our creators.

Of course, this is not about censoring anything, or limiting access or distribution of any content. And it’s certainly not about destroying the engaging, modern platforms that we all use every day. It is about updating our means to implement our essential cultural policy. I simply do not see why a country like Canada should accept that private, foreign platforms be the only ones to decide what priority to give to Canadian, Quebec and Indigenous culture.

Adapting our policies and laws to the evolution of technology is not easy. Acting always involves risks. It is always easier to wait or to do nothing. But in this case, as in others, I believe that inaction would be fatal, and that boldness is necessary.

[Translation]

In conclusion, I will resolutely vote in favour of Bill C-11. Thank you.

[English]

Senator Miville-Dechêne: I completely disagree with you.

Neither you nor I have the formula for the algorithms on the platforms. You say that it’s the most popular content that’s promoted. Frankly, senator, we know nothing about that. For example, is there an agreement with an advertising company that would ask to promote a certain singer or a certain product? We don’t know.

You don’t know the algorithms. I don’t know them either. It is a private company that decides what is going to be promoted. In our culture, in our cultural policies, we have thus far given subsidies to Canadian companies. We have asked broadcasters to broadcast Canadian culture. This isn’t about censorship here, as I’ve mentioned several times. These private companies simply need to leave some room for our Canadian culture. The algorithms certainly don’t provide this freedom that you talk about, which allows only the best to be promoted.

[English]

Hon. Julie Miville-Dechêne: Honourable colleagues, on Christmas Eve, I agreed to sponsor a young Iranian teacher, Mona Afsami, who has been imprisoned since October 19. I did so at the request of the Iranian community in Montreal, which is trying to draw Canadians’ attention to the brutality of the Iranian regime as it executes its opponents. This sponsorship campaign is symbolic, but it gives a face to Iran’s 14,000 political prisoners.

More than 300 European parliamentarians led the way, and about 50 Canadian parliamentarians have followed suit. Senator Ratna Omidvar and I are sponsoring Mona Afsami who has been accused of collusion against national security. She faces five years in prison for daring to protest.

The unrest began last September following the arrest of young Mahsa Amini. For not wearing her headscarf properly, she died in detention, at the hands of law enforcement.

Iranian women took to the streets without their veils to denounce the harassment and oppression they endure. This “feminist revolution” then extended to all Iranians, both men and women, mostly young, who want the end of a regime that is suffocating them. Nearly 470 protesters have allegedly died, including several dozen children. There have been at least four public executions.

The stories coming out of Iran are chilling. Prison guards reportedly severely beat young Elham Modaresi for going on a hunger strike. Her family believes her life to be in danger. Another young woman, Sepideh Qalandari, is said to have died under torture after her arrest in Tehran. Her body was handed over to her family in exchange for a promise of silence.

The torture, crackdown on demonstrations and denial of fundamental justice for detainees have been denounced throughout the world. What can we do?

Canada has very little influence over the Iranian regime as economic and diplomatic relations between the two countries are very limited, but this does not mean that we are completely powerless. The Canadian government could take inspiration from other countries and increase pressure on the Iranian regime by adding the Islamic Revolutionary Guard Corps to the list of 73 terrorist organizations, for example.

After the violent upheavals last year, 2023 will be decisive for Iranians who dream of freedom and for those who have stood with them, including thousands of Canadians. It is time for Canada to deploy all its means to support the aspirations of our friends in Iran: women, life, freedom.

Hon. Julie Miville-Dechêne: I wanted to ask you a question about users who shouldn’t be covered and platforms that should be covered by the bill. Isn’t it true that users include content creators and also many Quebec musicians and artists who are promoted on YouTube by record labels? Those people are also covered by Bill C-11. We can’t put all YouTube users in the same basket.

Senator Dawson: Those people, as you call them, support Bill C-11.

Senator Miville-Dechêne: That’s right.

[English]

Senator Miville-Dechêne: Senator Housakos, I’m not denying that the platforms give us a great deal of choice and that we can listen to a lot more cultural products from outside Canada. I’m someone who really enjoys this diversity.

The problem is that Canadian cultural products are not being seen. They’re hidden, especially products from minority groups, whether it’s francophone minorities or Indigenous minorities, because it’s all about clicks — not only clicks, but clicks are part of it.

Yes, I have faith in Canadians, but Canada is sparsely populated and has always relied on cultural policies for its culture to survive and flourish. It’s nothing to be ashamed of, and many countries do the same thing. We are not the United States, of course. We are a smaller culture that has the right to survive. Every country has the right to promote its culture. That’s part of the cultural exemptions in free trade agreements.

[English]

Senator Miville-Dechêne: I am a bit surprised by your proposal because the reason Bill C-11 is so vague on some very specific issues is that the internet is constantly changing. The $10-million threshold is not particularly low, but we have no way of knowing how the internet will change in the future and who will become a major broadcaster in the Canadian context.

How did you come up with this $10-million threshold? Is it really a good idea to include this factor in the bill rather than allow the market to determine it? Again, you will say this is a matter for the CRTC, which already has a lot to rule on.

Senator Miville-Dechêne: Thank you for your answer, Senator Manning. I am trying to reconcile your amendment with the fact that Senator Simons and I removed anything to do with revenue from the amendment that we proposed and that was adopted.

When one reads the amendment, it is very clear that this woman, Ms. Roy, who roller skates and supports her family with her content, will not be affected in any way by Bill C-11. This amendment already guarantees that small content creators will be protected.

I am trying to understand how your amendment would be useful. Basically, what you are saying is that there is a chance that our amendment will be rejected by the government and so yours should be adopted.

I would like to know why your amendment is more likely to be accepted by the government than ours.

[English]