My post on Bill C-11 (new C-10) provides a deep dive into the government’s approach to regulating streaming services and user generated content. Govt has provided assurances that regulating UGC is off the table, but unfortunately that isn’t the case. 1/7
https://www.michaelgeist.ca/2022/02/not-ready-for-prime-time/
The bill does address some concerns. It excludes non-commercial user generated content, reaffirms users are not treated as broadcasters, and references freedom of expression. But user content can still be treated as a program regulated by the CRTC. 2/7
https://www.michaelgeist.ca/2022/02/not-ready-for-prime-time/
The bill brings back Section 4.1, which says user content is not a program for the purposes of CRTC regulation. However, it then creates an exception to the exception, which allows the CRTC to establish regulations for some UGC content. 3/7
https://www.michaelgeist.ca/2022/02/not-ready-for-prime-time/
The bill gives the CRTC specifics to consider in regulating: direct or indirect revenue, broadcast on a broadcast undertaking, and assigned unique ID. The government wants to capture music on Youtube but opens the door to much more in the process. 4/4
https://www.michaelgeist.ca/2022/02/not-ready-for-prime-time/
Given the broad scope of the bill, the CRTC regulations could cover everything from TikTok videos to podcasts. All subject to discoverability requirements and payments from platforms that host that content, even small podcast services. 5/5
https://www.michaelgeist.ca/2022/02/not-ready-for-prime-time/
The scope doesn’t end there: audiobooks, any streaming service, workout apps, podcasts, even news sites are all potentially captured by C-11. The government declined to establish limits or thresholds in the bill, again leaving it to the CRTC to decide. 6/6
https://www.michaelgeist.ca/2022/02/not-ready-for-prime-time/
Takeaway: there is too much uncertainty, expansive jurisdictional reach, increased power for a CRTC lacking in public confidence, and many previous questions remain unanswered. C-11 still requires extensive review and further reform to get it right. 7/7
https://www.michaelgeist.ca/2022/02/not-ready-for-prime-time/