“Solution in search of a problem,” expert critical of Quebec streaming bill

Internet law expert Michael Geist says Quebec's law putting quotas for French content on streaming platforms is unnecessary.

Quebec’s recently tabled bill forcing streaming giants, such as Netflix and Spotify, to boost French-language content by setting quotas is a “solution in search of a problem,” according to one expert in the field.

University of Ottawa professor Michael Geist specializes in technology law and internet regulation and was actively involved in the federal Bill C-11: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

He is concerned about whether the bill will, in fact, increase the availability and discoverability of French-language content on streaming services and whether setting quotas could encourage companies to avoid the Quebec market.

Make it worse to meet the quota

If a quota of French content is required, Geist said a service like Netflix, Disney+ or Amazon Prime would have to scale back other content to meet requirements or pull out of the market.

“They’re either going to remove English language content and other language content that’s already available on the service, they’re going to make it worse, in effect, in order to meet the quota requirements, or it is certainly possible, given the significant regulatory costs that already exist at the federal law, they may decide that the Quebec market just isn’t worth the trouble,” he said.

• READ MORE: CRTC kicks off CanCon hearing as big streamers cancel appearances

Geist said Netflix and other streamers are accustomed to catering to local content, but not particularly adding requirements and quotas.

In addition, Geist said that streamers have no interest in hiding content that viewers or listeners want to see or hear.

“It’s a subscription-based service, and so if there is an interest amongst subscribers in Quebec-based content, or French-language content, or content of any different sort, it is going to be in their interest to ensure that people are presented with precisely that content so that they remain subscribers,” he said.

Geist points out that the bill is only concerned about language and not local content.

“It’s also notable that the law doesn’t actually require even one additional Quebec show or film to be included within this quota,” he said.

“It’s simply French-language content, and so this notion that somehow this legislation expressly or the intent is to support the local sector. This law doesn’t do that.”

Geist said that without requiring local content, a streamer could just extend licenses from other French jurisdictions for the Quebec audience.

“It seems to be far more about what people can see, as opposed to actually trying to support the local sector,” he said.

Minister of Culture and Communications Mathieu Lacombe told journalists Wednesday that this was deliberate as Quebec is joining forces with all Francophones under a “common struggle.”

He also said Bill 109 does not mention “Quebec” content because there is a risk that Americans will be “offended” and demand compensation on the eve of the renegotiation of the Canada-US-Mexico Agreement.

Options already exist

When it comes to French content on streaming services, Geist points out that sites such as Netflix have language preference options, and Netflix even includes a “Canadian French” option.

“Anyone viewing this can boot up their Netflix, and one of the very first things that they are presented with, literally on the very top bar, is choose the language of content that you want to see,” he said.

“They’ve already made efforts to ensure that finding content in French is as simple as clicking a button on that service. The idea that we need the government to regulate that as a requirement seems entirely unnecessary.”

Streamers depend on subscribers, and Geist pointed out that those companies’ only motivation is keeping their viewer bases.

“The only way you do that is offer up good content at a good price,” he said.

“Government requirements, with things like quotas, actually make it more likely that content that people may even like to see gets removed from the service ... I don’t think the government is particularly good at making those kinds of programming choices.”

With files from The Canadian Press