- Member of Parliament
- Member of Parliament
- Conservative
- Lethbridge
- Alberta
- Voting Attendance: 65%
- Expenses Last Quarter: $131,565.29
- Government Page
Madam Speaker, Bill C-11 is a piece of legislation that would impact every single Canadian who has a cellphone, a television or a computer in their home and who enjoys online streaming, viewing or listening to content that is online. That is how big this legislation is. That is how dramatic its impact would be. Permit me to provide an overview of what this legislation does, and then I will dive into the intricacies of the bill and hopefully explain why Canadians would be so impacted by it.
I am going to speak to Canadians. After all, the House is theirs and theirs alone.
Through this piece of legislation, the government is about to give itself the authority to control what Canadians have access to listen to online or to watch online. For example, instead of giving a viewer more of what they want on a platform such as YouTube, things would be ranked in a way that YouTube would be forced by the government to put things in front of us according to its definition of priority. It says it would be in accordance with how Canadian the content is. I will dive into that shortly.
YouTube would be forced to give more of what the government wants us to see, rather than more of what Canadians wish to see. This is problematic, because Canadians go online to access the things they are most passionate about or most interested in. They do not go online to have things pushed at them by the government. The government claims that the bill is about “supporting Canadian culture”. It says that it is about “levelling the playing field”. It is just not true.
Bill C-11 amends the Broadcasting Act by bringing the Internet under its provisions. In the early 20th century, the act was originally put in place to regulate TV and radio. It has gone through myriad iterations since then, but its result has always remained the same. It wants to ensure that Canada's two official languages are both respected by being given airtime and that cultural diversity is upheld. Those are noble goals. This was necessary because the number of TV and radio stations were limited. This finite resource needed to be managed. It needed to be overseen in order to ensure that the platforms were shared.
Unlike these two mediums, the Internet is boundless. In other words, anyone who wants to have a presence on the Internet can have one. The government does not need to regulate which content should be given priority and which content should be demoted, because there is space for all. The success of one individual or one creator online does not take away from the success of another. Everyone can achieve success.
If there was ever a level playing field, the Internet is it. Anyone who wants a website can set up a website. Anyone who wants a channel on YouTube can set one up. Anyone who wants to set up a TikTok account can have one. People have access to platforms within the online world that is boundless. It is quite incredible.
It could be argued that it has never been easier for Canadian content creators from all linguistic and cultural backgrounds to reach a global audience with the content they wish to showcase. If they wish to set up a YouTube channel, to set up a TikTok account or to be on Twitter, they can. The traditional gatekeepers have been removed.
Creators used to have to put together media package. Basically, it was like a portfolio of sorts that showed off their skill, their talent, their ability and what they wanted to produce. They would then walk it over to CBC, to Bell Media, to Rogers or to Corus Entertainment, and would have to beg them to accept their package and to put them on the air. If one or all of these gatekeepers said no, then they were out of luck. They do not deal with that anymore. Now creators can succeed based on their own merit, rather than based on what these gatekeepers desire for them.
Today's creators do not function according to the same rules as in previous generations. That is part of what is so difficult for some to accept. We exist in a new space and we have new ideals, freedom and choice being two of them.
For the minister to say that this bill would somehow modernize the Broadcasting Act and provide support to artists is actually incredibly disingenuous. The minister fails to account for progress. Instead of meeting artists where they are at, and celebrating the tremendous success that they enjoy within the realm of freedom, the government is actually wanting to pull them back under an antiquated system where their content would be weighed and measured and creators would be made into winners or losers, based on what the government wants rather than what Canadians want.
I wish for Canadians to know that this bill would impact them in two damning ways: One, it would censor what they see; and two, it would censor what they say. With regard to what they see, if the Canadian government determines what gets promoted and what gets demoted, then that means only certain content is made available to me as the viewer. In other words, it is censorship.
Furthermore, this bill would censor what an individual can say or post online. Homegrown talent and creative content here in Canada would no longer succeed based on merit, as they do now. Instead, as mentioned, content would be subject to a list of criteria and we do not actually know what that is because the government will not be transparent about it. Through that, the government would direct that these criteria have to be weighed and measured to see if they are met by the artist, and then if they are, it would be deemed Canadian and if they are not, then it would not be. If it is Canadian, it would be discoverable. In other words, it would be bumped up toward the top of our screen. However, if it is not made discoverable, it would get bumped down to maybe page 400, 500 or 600 where nobody looks. This bill is censorship. Not only would it censor what we can see as viewers, but it would also censor what can be posted online by creators and individual users.
Content creators from across Canada, along with consumer groups, have been speaking out about this bill. They are calling it dangerous. Legal experts have called it a grotesque overreach of government. When speaking about this bill, Margaret Atwood, a fabulous Canadian author who is very famous here, did not mince her words when she called it “creeping totalitarianism”.
I want to take a step back and say that there are two things that we can agree on. One, the Broadcasting Act should be updated; that is not what this bill would do. This bill would actually make the Broadcasting Act incredibly regressive, but anyway it should be updated. Two, Canada has a rich and beautiful culture and amazing artists; homegrown talent that absolutely we should look for a myriad of ways to promote and celebrate. How we do these things is where the disagreement comes into play. While the government claims that Bill C-11 is the best way forward, we would disagree. The best way forward is actually a path that preserves individual choice and opens doors to boundless opportunity. This bill would fail to do that.
It might serve us well to just take a pause and step back and figure out where this bill came from. This bill started out as Bill C-10 in 2020 and it has gone through a number of iterations since that time. However, one thing remains true about it: It is still a terrible piece of legislation. It is a terrible piece of legislation that would hinder what Canadians can see online and what they can post online. To put it simply, it would give the government control of our search bars. We think we are searching for one thing and that we will be directed in that way and in actuality, instead, based on algorithms that would be dictated by the government, we are actually sent to something different. That is what this bill would do.
What brought us here? What brought us to this bill's being put in place? There are two groups that are involved in that: the broadcasters and the traditional art unions or guilds. For the broadcasters, we have CBC, Bell and Corus media and they contribute a certain percentage to an art fund. A certain percentage of their revenue goes into that fund and then traditional artists are able to apply for some of that funding and use it for their projects.
Traditional broadcasters, of course, are less and less popular and are contributing fewer and fewer dollars, but they feel penalized by this, so they have gone knocking on the door of the government, saying they should not be the only ones contributing to the art fund, that the government should capture the large streamers as well. Further to that, these broadcasters have to show a certain percentage of their content as CanCon. CanCon does not always sell to their audiences all that well and so, to some extent, broadcasters feel hindered by this obligation. Again, they are watching as streaming platforms are not subject to this rule, so they have gone knocking on the government's door, saying it should really impose this rule on streamers as well.
Many artists are absolutely fabulous and should be celebrated and promoted. There are those traditional artists who belong to a union. They are not at fault, but the union bosses have knocked on the door of the government, saying because the revenues for traditional broadcasters are drying up, there is not as much money going into the art fund, they do not have as much available for their production of traditional art and, therefore, they want more money to be found somewhere, some way. The government then has said it could make the streamers responsible for contributing to the art fund, and so it is.
At the end of the day, Bill C-11 is all about maintaining status quo. It is about protecting the interests of large broadcasters. The government claims, however, that it is about forcing large streaming platforms, such as Netflix and Disney, to pay into a fund that supports Canadian artists and that it is about protecting Canadian culture or levelling the playing field.
If the implication of the bill stopped there, the reality is that would be bad enough, but it actually goes even further. It goes so far as to include user-generated content, the content of ordinary Canadians and the stuff that they put on platforms such as Facebook, TikTok, Twitter, YouTube or Instagram. It does not stop at large foreign streamers. It absolutely captures individuals, Canadians. In fact, the former chair of the CRTC, Ian Scott, made this very clear at committee, not only in the House of Commons but then further at the Senate.
I will talk about this point more in just a moment, but I wish first to comment on the false foundation on which this bill is founded. First, this bill is based on the deceptive notion that Canadian content creators or artists cannot make it on their own merit. How degrading. This bill is based on the premise that they need government to step in and help them, but they are saying otherwise. This bill is based on the lie that the government needs to step in and also make sure that Canadian content is put in front of our eyeballs because, otherwise, we would not choose it. Again, how degrading can one be to Canadian artists and their ability to produce great content?
The fact of the matter is these things are not true, and I would like to explain my reasoning. The heritage minister has claimed that this bill would capture $1 billion from large streaming platforms. That is the amount that it would bring in, and that is meant to help further Canadian culture by helping to support these traditional artists. According to the government, it is forcing large streaming platforms to pay their fair share. At first blush, that might sound reasonable, but that is not actually what is happening here.
The government says that this money will save Canadian culture, but who says that Canadian culture actually needs saving? Who says that it is so fragile that it will fall apart without government intervention? Aside from all that, is Canadian culture not based on what Canadians determine it to be? The reality is the notion that large streaming platforms are not paying their fair share is a myth.
Investment in Canadian productions that would further our culture and tell our stories is not drying up, as the Liberals would like us to believe. On the contrary, huge investments are being made. It is just no longer being done through traditional broadcasters and the unions are not controlling it.
According to Wendy Noss of the Motion Picture Association Canada, who testified at the Senate committee, it spent more than $5 billion across this country in 2021 alone. The government is saying it is going to get $1 billion because of this legislation. This is one association and it is putting $5 billion per year into this country, so one cannot tell me or Canadians that somehow investment in homegrown talent is drying up. It is just not true.
If the money is being invested in talent, what is this bill really about?
An hon. member: Control.
Mrs. Rachael Thomas: Madam Speaker, perhaps it is a bit about control.
Let me talk a bit more about this. This $5 billion that was invested accounted for more than half of all production in this country and 90% of the growth this sector enjoyed over the last decade. That is significant. We are talking about an association, Motion Picture Association Canada, which hired, trained and provided opportunities for more than 200,000 Canadians, who are incredibly talented in the world of creativity. It supported more than 47,000 businesses. These numbers come from 2021 alone. That is a tremendous investment in telling Canadian stories, furthering Canadian culture and celebrating what is possible right here on home turf.
In fact, this is far greater than traditional broadcasters have proven capable of, so perhaps a little truth telling could go a long way and we could take delight in the tremendous success being achieved within our cultural sector.
We have to ask then, given this incredible investment, do we really have a problem? Do we really need this legislation? Is it true investments are not being made into Canada's production industry or that somehow culture is at risk? No. On the contrary, the sector is alive and well. It is simply the gatekeepers, the traditional broadcasters and the unions, do not control the outcome anymore.
Furthermore, this bill is based on the false notion that Canadian content cannot thrive without government intervention. As I have outlined, these production companies are hiring based on merit and their films are succeeding based on consumer demand. Do we really need the government then stepping in and mandating what percentage of content needs to be Canadian, as if the government were to not do that somehow Canadian content would not thrive? A $5-billion investment tells me Canadian content seems to be alive and well.
The problem is that a great deal of truly Canadian content does not meet the government's imposed definition of what it calls “CanCon”. Margaret Atwood's The Handmaid's Tale, for example, is written by a famous Canadian author, is being filmed on Canadian soil, it stars Canadian actors and it employs Canadian producers, but it fails to meet the government's definition of CanCon.
It would be kind of funny, a bit humorous, to realize all that, except that it is incredibly damning to our cultural industry, which takes the humour out of the definition altogether and makes it antiquated and destructive.
Traditional broadcasters are forced to show a certain percentage of CanCon, and they feel stifled by this. Now the Liberals want streaming platforms and new media creators to come under the same rules, to wear the same shackles. Perhaps the government should consider taking the extra regulation off the traditional broadcasters instead of putting those same handcuffs on new media platforms. Perhaps instead of taking us back and maintaining the status quo, we should be looking forward toward a great, vibrant, creative, free future.
Make no mistake. This bill is not about supporting Canadian culture and Canadian artists. It is about protecting big broadcasters and the interests of the government.
Everything I have talked about up to this point is significant, but what makes this perhaps the most egregious piece of Liberal legislation is the fact that it does not just go after large streaming platforms or regulate traditional artists working with the support of a big union or a guild, but it actually extends to user-generated content. In other words, it is about the things that normal, everyday, average Canadians would post online, or ordinary content. Aunty Betty's cat video would be captured by this legislation. Now the government will implore the CRTC to weigh all of this material according to this definition of Canadianness, and that content will either be allowed to stand online or be moved to page 900.
It sounds like a big job. I do not know exactly how the Liberals are going to roll that out, but they seem to be very committed to it. Why do I say they are very committed to it? Well, it is because they had an opportunity to make sure user-generated content was not captured by the bill. They had an opportunity to ensure the bill really was just about the largest streaming platforms.
The Senate made an amendment. In fact, even before the bill got to the Senate, the House of Commons offered the same amendment. The government rejected the amendment here, and then the Senate, after wisely giving this legislation a sober second thought and listening to witnesses, made the same amendment to make sure that user-generated content, ordinary content, was not captured by the bill. What we have learned today is that the government is not accepting that amendment, which is very telling. It tells us that the bill is far more about the government controlling what we can see, hear and post online than it is about anything else. If it were not, then why not accept the amendment?
The bill is about censoring Canadians, all Canadians. The bill would stagnate the progress that is being achieved by modern creators such as the woman who goes by Aunty Skates. She is a South Asian woman based in Toronto. She is in her forties and learning how to skateboard. She decided, in the midst of the pandemic, to start creating videos and bringing people in on her adventure, and she is going viral. The bill would stagnate that.
The bill would also go after homegrown comedian Darcy Michael. He proclaims himself to be a pot-smoking gay man. He talks about how he was turned away from traditional broadcasters, and now he is enjoying tremendous success on YouTube. The bill would target him.
Instead of modernizing the Broadcasting Act in a meaningful way to address the complexities of the digital world, this legislation would simply target the next generation of creators, the next generation of artists and the next generation that thinks outside the box and beyond the gatekeepers. This legislation would pull them back from the future and put them in the past.
This legislation would make sure that these individuals are again put under a regulator, a gatekeeper, that would determine whether their content is sufficiently Canadian to be discoverable or it has to be buried. That is shameful. In short, this legislation is about protecting the status quo rather than allowing progress.
The Senate committee heard from many witnesses with regard to this bill: creators themselves, subject matter experts and legal experts. The thing that was said loud and clear was that a step back needed to be taken and that the content created by individuals needed to be respected, that it needed to be left alone. The government has made it clear at every turn that it does not wish to make that change.
It is scary, and today we are seeing that. We are seeing creators across this country speaking out against this bill. We have seen it for months. Today, knowing that the nail is potentially in the coffin, they are all that much louder. They are concerned about their future.
The truth is that it is not just creators who are concerned, but all Canadians. All Canadians are concerned because at the end of the day, they want to be able to watch what they want to watch. We like on-demand services for a reason. Traditional broadcasters are phasing out for a reason. It is because they take choice out of the equation and Canadians like choice. Canadians are very concerned about the censorship that this bill brings in.
The government says that it wants to remove barriers for under-represented artists. That seems noble. Unfortunately, again, that is not true. That is not what this bill does.
This was made abundantly clear in the Senate. The committee heard from BIPOC and indigenous creators, as well as francophone creators, who all said that this bill would hold them back, that it would stifle the success that they enjoy. They talked about the tremendous success they are currently able to achieve based on their own merit in the barrier-free world known as the Internet. As my colleague from the Senate, Senator Leo Housakos, said so well, “What Bill C-11 does is put limits and barriers back in place and perpetuates a system of picking winners and losers by dictating, based on factors other than individual user preference and choices, what Canadians should post and what Canadians will see.”
At the end of the day, creators do not want this bill because it would hold them back. Viewers do not want this bill because it would control what they have access to online. Creators wish to succeed based on their own creativity and ability, and they are doing so phenomenally well. Most Canadian creators enjoy an audience that is 90% outside of Canada. In other words, they are reaching the world. Is that not celebration-worthy? Furthermore, it has been stated by experts that this bill is so much about censorship and control that it actually likens us to places like China, North Korea and Russia, which Canadians are rightly concerned about.
Canadians want to be able to go online and access the material they wish to access. If they wish to go on YouTube and be given the stuff they want to watch, they can do that right now. They appreciate being able to do that right now, but unfortunately, under Bill C-11, they would be given more of what the government wants them to watch, not more of what they want to watch. Does it not seem dangerous to members that we would be so regressive as a nation that under the government we would succumb to being like North Korea, China and Russia?
On behalf of Canada's amazing creators who have achieved tremendous success, based on their merit, on new media platforms, or who seek to do so, and on behalf of Canadians who value the freedom to choose what they watch and listen to online, I move the following motion. In response to the government's motion, I move:
That the motion be amended by deleting all of the words after the first word “That” and substituting the following: “the order for the consideration of the amendments made by the Senate to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be discharged and the Bill be withdrawn”.
Kill Bill C-11.
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