Online Streaming Act

Royal assent received

C-11
April 27, 2023 (2 years ago)
Canadian Federal
Pablo Rodriguez
Independent
House of Commons
Royal assent
11 Votes
Full Title: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
Social Issues
Technology and Innovation

Summary

The proposed amendments to the Broadcasting Act will regulate online broadcasting, ensuring that both traditional and digital platforms contribute to Canadian content creation. The plan aims to promote cultural representation and accessibility, particularly for minority and Indigenous communities. However, it raises concerns about financial impacts, compliance burdens on smaller broadcasters, and the potential stifling of innovation.

What it means for you

The amendments may impact various groups:

  • Content Creators: Increased obligations for broadcasters could generate jobs and support for Canadian creators, but may also lead to increased operating costs.
  • Viewers: The focus on cultural diversity may improve the representation of minority communities in media.
  • Small Broadcasters: Smaller entities might struggle to comply with financial mandates, impacting their viability and competitive edge in the market.
  • Consumers: Potential cost increases for broadcasters may be passed on to consumers, leading to higher subscription fees for streaming services.

Expenses

  • For Broadcasters: Increased compliance costs may arise from the mandates to contribute a certain percentage of revenues toward Canadian content, further stressing budgets, especially for smaller firms.
  • For Consumers: The financial obligations placed on online and traditional broadcasters could lead to price hikes in services as companies pass on additional expenses to users.
  • Government Costs: Increased regulatory oversight may require additional government resources for enforcement, particularly for the Canadian Radio-television and Telecommunications Commission (CRTC).

Proponents view

Supporters argue that these amendments are vital for a modern broadcasting environment. They believe such regulations will:

  • Foster a more equitable media landscape, enhancing representation of underrepresented communities.
  • Encourage investment in Canadian content, stimulating local economies and job creation in the creative industry.
  • Strengthen cultural preservation in Canada by promoting local narratives and programming.

Opponents view

Critics of the bill raise several concerns, including:

  • The financial burden imposed on smaller broadcasters could lead to a reduced diversity of viewpoints, as these entities may struggle to survive under the new regulations.
  • The rigidity of the requirements may stifle innovation, as budding startups might find it difficult to navigate compliance in a rapidly changing digital landscape.
  • Ambiguous definitions surrounding what constitutes "Canadian content" may hinder the richness and variety of programming available to the public, undermining the original intent of inclusivity and representation.
Original Bill

Votes

Vote 160

That Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, as amended, be concurred in at report stage with a further amendment.

For (64%)
Against (36%)
Vote 158

The information is not available at this time.

For (36%)
Against (64%)
Vote 159

The information is not available at this time.

For (100%)
Vote 89

That the bill be now read a second time and referred to the Standing Committee on Canadian Heritage.

For (65%)
Against (35%)
Paired (1%)
Vote 164

That the bill be now read a third time and do pass.

For (64%)
Against (36%)
Paired (1%)
Vote 291

That the motion be amended by deleting all the words after the 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 withdrawn.”.

For (35%)
Against (64%)
Paired (1%)
Vote 163

That the motion be amended by deleting all the words after the word "That" and substituting the following: “Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be not now read a third time but that it be read a third time this day six months hence.”.

For (35%)
Against (64%)
Paired (1%)
Vote 86

The information is not available at this time.

For (55%)
Against (45%)
Vote 87

That the amendment be amended by adding the following: "; and that the committee report back no later than 10 sitting days following the adoption of this motion.".

For (34%)
Against (65%)
Paired (1%)
Vote 292

That a message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, the House: agrees with amendments 1(a)(ii), 1(b), 2(a), 2(b), 2(c), 2(d)(i), 2(e), 4, 5, 7(b)(i), 8, 9(a), 10 and 12 made by the Senate; respectfully disagrees with amendment 1(a)(i) because the amendment does not refer to broadcasting undertakings that comprise components of the broadcasting system which may cause interpretative issues in the application of the Act; respectfully disagrees with amendment 2(d)(ii) because the amendment seeks to legislate matters in the broadcasting system that are beyond the policy intent of the bill, the purpose of which is to include online undertakings, undertakings for the transmission or retransmission of programs over the Internet, in the broadcasting system; respectfully disagrees with amendment 3 because this would affect the Governor in Council’s ability to publicly consult on, and issue, a policy direction to the CRTC to appropriately scope the regulation of social media services with respect to their distribution of commercial programs, as well as prevent the broadcasting system from adapting to technological changes over time; respectfully disagrees with amendment 6 because it could limit the CRTC’s ability to impose conditions respecting the proportion of programs to be broadcast that are devoted to specific genres both for online undertakings and traditional broadcasters, thus reducing the diversity of programming; proposes that amendment 7(a) be amended to read as follows: “(a) On page 18, replace lines 29 to 34 with the following: “(a) whether Canadians, including independent producers, have a right or interest in relation to a program, including copyright, that allows them to control and benefit in a significant and equitable manner from the exploitation of the program;””; respectfully disagrees with amendment 7(b)(ii) because the principle that Canadian programs are first and foremost content made by Canadians is, and has been, at the centre of the definition of Canadian programs for decades, and this amendment would remove the ability for the CRTC to ensure that that remains the case; proposes that amendment 9(b) be amended by deleting subsection 18(2.1) because the obligation to hold a public hearing both before and after decisions are taken by the CRTC will entail unnecessary delays in the administration of the Act; respectfully disagrees with amendment 11 because the amendment seeks to legislate matters in the broadcasting system that are beyond the policy intent of the bill, the purpose of which is to include online undertakings, undertakings for the transmission or retransmission of programs over the Internet, in the broadcasting system, and because further study is required on how best to position our national public broadcaster to meet the needs and expectations of Canadians.

For (63%)
Against (36%)
Paired (1%)
Vote 88

That the motion be amended by deleting all the words afler the word "That" and substituting the following: "Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be not now read a second time but that the order be discharged, the bill withdrawn and the subject matter thereof referred to the Standing Committee on Canadian Heritage.".

For (34%)
Against (65%)
Paired (1%)