Bill would give CRTC power over user-generated content, but it won't use it: chair
The chair of the Canadian Radio-television and Telecommunications Commission says a federal bill would give it power to regulate user-generated content, such as homemade videos posted on YouTube.
But Ian Scott predicted at a House of Commons committee that this would never happen as the broadcast regulator has no interest in overseeing content produced by individuals.
Even so, critics of the online-streaming bill have seized on his remarks, saying they contradict assurances by Heritage Minister Pablo Rodriguez that it would not give the regulator power over homemade content, such as cat or cooking videos.
Bill C-11, now going through Parliament, would update Canada's Broadcasting Act and give the CRTC power to regulate online platforms such as YouTube, Netflix, Amazon Prime, Spotify and TikTok, along with traditional broadcasters. It would make digital platforms promote Canadian content, including films, music videos and TV programs, and contribute financially to their creation.
Scott Benzie, executive director of Digital First Canada, said the CRTC chair confirmed what digital-first creators have been saying since the bill was published. They have warned it could give the regulator power over their work, including posts by comedians, animators and gamers on platforms such as YouTube, TikTok, Snapchat and Twitch.
Benzie accused the federal government of being misleading by claiming the bill would not capture user-generated content.
"It's nice to see that the truth is finally out on the table," Benzie said. "The bill captures everything. Once the CRTC has these powers, it is real tough to undo legislation."
Rodriguez said in a statement: "With Bill C-11, we're asking the online streaming companies that benefit from Canadian culture to contribute to it. Canadians and their content are excluded. Period."
The minister added that the CRTC's decisions are "transparent and open to public participation."
"Contrast that with the 26 million videos taken down last year by YouTube with minimal oversight and transparency -- and no public accountability," the minister said.
The CRTC chair spoke about the bill at a House of Commons heritage committee on Wednesday. Scott told MPs that the bill, in its current form, would allow the CRTC to regulate user-generated content.
"As constructed, there is a provision that would allow us to do it as required," he said.
He added that the CRTC had no interest in regulating such content and had never done so.
"There should be a higher degree of trust in relation to the commission's future actions," he told the committee, explaining that in 50 years of broadcast regulation the CRTC had "never interfered with individual content."
Scott's five-year tenure as chair ends in September and the federal government is already accepting applications for his job, with a salary of up to $328,000 a year. The job advertisement seeks experience in digital media, broadcast or telecommunications.
The CRTC has faced criticism that it might lack the expertise to regulate the digital sphere, a claim that Scott, when asked about it at the committee, vehemently disputed.
The regulator said in a statement after Scott's appearance that "as it's drafted at the moment, the bill draws a distinction between the users of social media and the platforms themselves. It's clear to the CRTC that the bill's intent is to exclude individual users from regulation."
The CRTC added that "the content itself can be the subject of some regulatory oversight, but only in certain limited circumstances," such as if it generates revenues, is available on other platforms such as television and is categorized by a unique, internationally assigned identifier.
It said if the CRTC opts to put regulations in place, they would have to be designed to achieve the Broadcasting Act's policy objectives.
YouTube warned at a national culture summit earlier this month that the bill, as worded, would give the CRTC scope to oversee everyday videos posted for other users to watch.
The online-streaming bill contains a clause excluding from regulation videos uploaded by a user for other users to watch.
This is followed by qualifying clauses saying the CRTC can make regulations relating to "programs," which YouTube warned would give the regulator the discretion and scope to oversee a wide range of digital content, including home videos.
Jeanette Patell of YouTube Canada said in a statement: "We've heard from the government that they don't intend to regulate user-generated content (UGC), but the Chair of the CRTC has confirmed that UGC still remains in the bill text."
"Our simple ask is that they resolve this inconsistency and include specific language in the bill to exclude UGC from CRTC regulation, to protect thousands of Canadian creators who earn a living on digital platforms."
YouTube has said the number of Canadian content creators making more than $100,000 a year on its platform is increasing every year.
Michael Geist, the University of Ottawa's Canada Research Chair in internet law, said user-generated content is not "out of the bill."
"Scott's remarks confirm what was plainly obvious for anyone who took the time to read the bill," Geist said.
"The door is wide open for the CRTC to establish regulations on user content including discoverability rules that could harm Canada's digital-first creators. There are good reasons no other country in the world regulates user content in this way."
This report by The Canadian Press was first published May, 20, 2022.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Chants of 'shame on you' greet guests arriving for the annual White House correspondents' dinner
An election-year roast of U.S. President Joe Biden before journalists, celebrities and politicians at the annual White House correspondents' dinner Saturday.
What is a 'halal mortgage'? Does it make housing more accessible?
The 2024 federal budget announced on April 16 included plans to introduce “halal mortgages” as a way to increase access to home ownership.
Here's where Canadians are living abroad: report
A recent report sheds light on Canadians living abroad--estimated at around four million people in 2016—and the public policies that impact them.
Deadly six-vehicle crash on Highway 400 sparked by road rage incident
One person was killed in a six-vehicle crash on Highway 400 in Innisfil Friday evening.
Opinion I just don't get Taylor Swift
It's one thing to say you like Taylor Swift and her music, but don't blame CNN's AJ Willingham's when she says she just 'doesn't get' the global phenomenon.
Invasive and toxic hammerhead worms make themselves at home in Ontario
Ontario is now home to an invasive and toxic worm species that can grow up to three feet long and can be dangerous to small animals and pets.
Harvey Weinstein hospitalized after return to New York from upstate prison
Harvey Weinstein’s lawyer said Saturday that the onetime movie mogul has been hospitalized for a battery of tests after his return to New York City following an appeals court ruling nullifying his 2020 rape conviction.
'We are declaring our readiness': No decision made yet as Poland declares it's ready to host nuclear weapons
Polish President Andrzej Duda says while no decision has been made around whether Poland will host nuclear weapons as part of an expansion of the NATO alliance’s nuclear sharing program, his country is willing and prepared to do so.
Central Alberta queer groups react to request from Red Deer-South to reinstate Jennifer Johnson to UCP caucus
A number of LGBQT+2s groups in Central Alberta are pushing back against a request from the Red Deer South UCP constituency to reinstate MLA Jennifer Johnson into the UCP caucus.
Local Spotlight
DonAir force takes over at Oilers playoff games
As if a 4-0 Edmonton Oilers lead in Game 1 of their playoff series with the Los Angeles Kings wasn't good enough, what was announced at Rogers Place during the next TV timeout nearly blew the roof off the downtown arena.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fergus, Ont. man feels nickel-and-dimed for $0.05 property tax bill
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
'I'm committed': Oilers fan skips haircuts for 10 years waiting for Stanley Cup win
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
'Once is too many times': Education assistants facing rising violence in classrooms
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
What is capital gains tax? How is it going to affect the economy and the younger generations?
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”