- Member of Parliament
- Member of Parliament
- Conservative
- Lethbridge
- Alberta
- Voting Attendance: 65%
- Expenses Last Quarter: $131,565.29
- Government Page
Mr. Speaker, with regard to money, the heritage minister claimed this bill would capture $1 billion from large streaming platforms. To this day, he is not able to provide how this $1 billion figure was arrived at. We would actually still love to have that document if at all possible.
However, the government says it is just forcing the large streaming platforms to pay their fair share. That is how the $1 billion is going to be brought in. At first blush, perhaps that seems reasonable. Perhaps these foreign streaming platforms should just pay their fair share. The government says this money would save Canadian culture, as if it is dying. I would be curious to know who says it is dying. I would be curious to know who says it needs to be rescued. Who says it is fragile? Who says it is on the verge of being extinct?
Aside from all of that, and most importantly, is not Canadian culture what the Canadian people determine it to be? The last I knew, the Canadian population was actually growing. I think Canadian culture is probably alive and well. Do members not think so also?
It does not matter, because neither the minister nor his department has been able to show me the document that shows that the $1 billion would somehow be extracted from the foreign platforms and then infused into the Canadian art scene.
The reality is, though, that it does not matter. It is insignificant. The reason it is insignificant is that, as much as Bill C-11 might produce the $1 billion, the way things are right now is much better. Investment in Canadian production is not drying up, as the government would like Canadians to believe. That is a false notion. In fact, investment in Canadian production is better than it has ever been, without government intervention.
Huge investments are being made, and let me go over that for just a moment. Wendy Noss, of the Motion Picture Association—Canada, testified at the Senate committee and stated that the association spent more than $5 billion. That is five times more than what the government is hoping to bring in through this legislation. That is one company, by the way, spending $5 billion. I will say that one more time just for the hon. member, so that he gets it: The government is claiming it will bring in $1 billion, but already there is private investment being made to the tune of $5 billion. That is $5 billion in 2021 alone.
The government would rather have its way, shutting down private investment, suppressing that, in order to bring in a government-dictated $1 billion. How regressive can one be? How punitive can one be? The government claims to support artists, and yet it is going to do this. It is actually going to shut down the industry. It is actually going to punish the industry that is pumping $5 billion into the creation of content here in Canada in one year alone, by one company. That is not progress; that is incredibly regressive.
Let me be clear; this $5 billion actually accounted for more than half of all the production in this country, and 90% of the growth in the sector over the last decade. Holding that up against the government-dictated art fund, the government-dictated art fund fails in comparison. Do we want more government legislation, or do we actually just want freedom to reign? I think we want freedom to reign.
We are talking about a production company that hired, trained and provided opportunities for more than 200,000 of Canada's most talented creative workers. More than 200,000 is far more than the art fund has ever propped up. We are talking about more than 47,000 businesses that were supported in 2021 alone. Again, this is far more than the government-run art fund has ever supported in one year.
We can have government-dictated funds or we can have private-flowing funds; one is far more successful than the other. Therefore, we have to ask the following question: Is the problem that investments are not being made in Canada, in its production industry, or that our culture is somehow at risk of disappearing? Or is there something else?
I would argue that the sector is alive and well, as I have proven, and I would argue that Canadians are alive and well and, therefore, so is our culture. Thus, there must be something else. I have alluded to it, but let us explore it further, shall we?
We have a government that loves to support the big gatekeepers, big unions and big bosses that like to keep power, control and money in their hands. We have a government that is more interested in those individuals, who comprise several thousand people, than it is concerned about the vast majority of Canadian consumers who enjoy the content online and the freedom to explore what they will, or than it is concerned about the tens of thousands of creators putting content out there and reaching global audiences. The current government says to forget them. It says it wants to serve the several thousand union bosses and uphold the power, control and money that the broadcasters want, and that this is its focus. It is shameful.
The bill before us is based on the false notion that artists cannot thrive without the government. However, in fact, we know they can, that they do and that they will.
Part of the problem is that the government insists on using an antiquated definition of what Canadian content is. It is a whole host of criteria that make no sense at all. There can be a film like Canadian Bacon that does not make the cut. There can be a more recent production, The Handmaid's Tale written by Margaret Atwood, a famous Canadian author, which is being filmed on Canadian soil, stars Canadian actors and employs Canadian producers, but fails to make the cut. As much as the member opposite might want to point to Schitt's Creek, the title tells my audience what I think of that.
Perhaps there is an opportunity, then, to consider a different way. Perhaps, instead of applying the shackles of a certain percentage of CanCon and a certain percentage of revenue needing to go toward this art fund, we can actually just release all from those shackles. Perhaps, instead, the level playing field actually needs to be set higher rather than lower. Perhaps it is actually about allowing broadcasters and the Internet to exist freely. Perhaps it is actually just about creative merit. Perhaps it is just about tailoring content to an audience that wants to watch what one produces. Perhaps it is actually just about letting private production companies make tremendous investment into our nation and our artists and helping them thrive. Perhaps it is about being progressive. Perhaps it is about being futuristic in our thinking, as the former prime minister, Jean Chrétien, had in mind when he said he would not regulate the Internet.
Everything I have talked about up to this point is extremely important, but there is one point I have not yet touched on, and it is even more important. That is the fact that this bill would capture user-generated content. The current government had plenty of opportunities to make sure that was not the case, and it did not take those opportunities.
When I talk about user-generated content, I am talking about one's Uncle Joe's videos on Facebook. I am talking about those videos on YouTube of kids doing stupid stuff. I am talking about—
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Mr. Speaker, I will be splitting my time with the member for Renfrew—Nipissing—Pembroke.
History seems to be repeating itself. Canadians will recall, but here we are again. Having debated Bill C-10 last spring, we are now debating its replacement, Bill C-11. The new heritage minister will try to tell Canadians that he has fixed the problems that existed in the former legislation. However, this is an extremely misleading statement.
My time is short, so I am going to cut to the chase. The government claims that the bill is about support for Canadian culture and levelling the playing field. I would like to see Canadian culture promoted and celebrated, so let us explore that for a moment.
I have two questions. First, is the bill about meeting Canadians where they are at in the 21st century and celebrating the amazing work being done by digital first creators to produce Canadian content and enhance culture in their very own unique way, or is the bill about the government imposing its definition of Canadian content in order to fulfill a government-driven agenda? Second, will the bill truly level the playing field, or will it be used as a cash grab in which those who have worked hard to expand their viewership and generate revenue are forced to subsidize the traditional media industry, which is producing content for which there is little to no demand? I realize that these questions make the government uncomfortable, but they must be asked in order to understand this legislation.
My grandparents were not required to subsidize horse and buggies when cars became an alternative. Society moved forward in an innovative way, because it just made sense.
In effect, Bill C-11 would put in place an Internet czar, the CRTC, which will govern how easily creators, those who post, are able to make their content accessible online to those of us who view it. In other words, it would impact what Canadians can and cannot access. It would be an act of censorship.
The Internet is a vast, infinite and magical space where all Canadians, no matter their background, are able to post and engage. In the new public square where we engage with one another, we do it through writing, audio and visual arts. For many Canadians, socializing online is the new norm. If passed, Bill C-11 will thwart our freedom in this new space.
Again, the minister will try to tell us that all the problems have been fixed. He will point to convoluted parts of the bill in order to try to prove his point, but here is the thing: If the minister is telling the truth and has nothing to hide, why is the bill not crystal clear? Why is the Liberal government choosing to use muddy language by placing exceptions within exceptions in order to confuse people?
There are many flaws in Bill C-11, but I will focus on three of them today: the first is the overabundance of power that it would place in the hands of the CRTC, otherwise known as the “Internet czar”; the second is its negative impact on creators; and the third is how it negatively impacts viewers.
If passed, the bill will give the Internet czar, the CRTC, almost unlimited power in order to regulate the Internet. Talk about an attack on freedom. The CRTC could have been given very specific, very narrow guidelines, but the government chose to give it free rein to amend, to exempt, to include. The Liberals claim that bringing more government intervention, and this is an interesting one, will boost Canadian culture, but that is not true. I mean, tell me a time in history where more red tape and regulation has increased innovation, incentivized artistic creation and brought about prosperity? Members cannot, because it does not, ever.
Let us talk about creators. One of the biggest complaints that we heard from digital first creators last time was that the bill would regulate their content online. Members can think of TikTok, Snapchat, Twitch, podcasts, YouTube and, yes, even cat videos. Now, the minister will claim once again that he fixed it by adding section 4.1(1) back into the bill, but the problem is that section 4.1(1) is immediately followed by subsection 4.1(2), which creates exceptions that nullify 4.1(1). It is pretzel logic. It is confusing and purposefully muddy.
Michael Geist is a law professor at the University of Ottawa where he holds the Canada research chair in Internet and e-commerce law. He seems qualified. He has pointed out that, under the act, digital first creators can be described as broadcasters and therefore forced to comply with the CRTC regulations.
In other words, essentially any audiovisual material could be brought under the scope of this bill, not just large streaming platforms, but even individuals who use music. The member opposite actually even clarified this earlier in her own speech.
This means that TikTok videos, which essentially always use music, and YouTube videos, which mostly use music, will in fact be captured under this legislation. This means creators, right off the top of their revenue, will have to pay 30% into an art fund. They have to pay in, but they do not get to pull out.
It also means that the content of digital first creators will be assessed based on how Canadian it is. The CRTC, the Internet czar, will of course make the conclusion. That material will then be promoted or demoted accordingly. The minister will try to tell Canadians that what I am saying is not true, that only big companies, such as Netflix and Disney, will be caught by this legislation, but if that is the case, I would again ask the government to clarify that and to say it outright. It does not. The bill does not. It is purposefully muddy.
Let me talk about the negative impact that the bill will have on viewers, members, me and Canadians. Imagine going on YouTube to look for videos on Black voices but being shown instead a bunch of videos on hockey in Canada, having never searched for hockey before, and all of a sudden those are the videos that are being fed to you. That would be extremely frustrating.
What we are talking about here is discoverability. It is the use of algorithms to make some content accessible and other content not. It bumps it up or down. Sometimes it can be found on page 1. Sometimes it is found on page 53. Currently YouTube carries material based on a person's individual preference. It bumps it to the top of the page if a person likes it, if maybe they have watched similar videos in the past.
This legislation would force content, so-called Canadian content, in front of the eyeballs of Canadians at the expense of showing them the content they actually really want. It totally disrespects and disregards Canadians' freedom, choice and desire to watch certain things over others, all because the government has an agenda.
Canadians know what they like. They know what they want to watch. That desire, that free will, should be respected. I have not even addressed the problem with the definition of CanCon, which is absolutely ludicrous. Let us talk about that for a moment. CanCon, or Canadian content, is that content that the government would actually be putting at the top of the page.
A bilingual Canadian sitting in his Montreal condo producing YouTube videos about maple syrup and hockey, all while using the Canadian national anthem in the background of his video, would still not get counted as Canadian content. Can members imagine that? In fact, based on the definition of CanCon, the only ones who will receive the government's stamp of approval are members of the traditional media.
The CRTC will define who is in and who is out, who gets noticed and who does not, who gets to be on page one and who has to get bumped to page 53. An individual's preferences are inconsequential, and the government would now decide.
In Canada, we are punching above our weight in what creators are able to produce. It is absolutely jaw-dropping. They literally share their talent with the world. It is incredible. Lilly Singh, a famous YouTuber, has pointed out, “creators who have built their careers on the Internet need to be consulted on these decisions.” She went on to say, “In trying to do what seems like a good thing - highlighting great Canadian-made content - you can unintentionally destroy a thriving creative ecosystem.”
Morghan Fortier of Skyship Entertainment is so eloquent when he put it this way, “In Canada, digital content creators have built a successful thriving industry on platforms such as YouTube, TikTok and others that export a huge amount of Canadian content to the rest of the world.... They've done this through their entrepreneurial spirit, their hard work and largely without government interference or assistance.
“This achievement should be supported, celebrated and encouraged.”
Bill C-11 is presented as a means to support the future of the broadcast industry, but it completely ignores the global reach of Canada's digital success stories in favour of an antiquated regionalized broadcast model.
Bill C-11 is a direct attack on digital first creators. It is a direct attack on our choice as viewers. It is actually a direct attack on the advancement of arts and culture in Canada in the 21st century. The bill needs to die 1,000 deaths.
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