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September 20, 2024

What is Bill C-11? 
 

Bill C-11, known as the Online Streaming Act, is a Canadian law that aims to modernize the regulation of online streaming platforms, bringing them under the regulatory framework that traditionally governed broadcasters like radio and television. The bill was passed by the Canadian government in April 2023, after significant debate and amendments. Here's an update on its current status and implications:

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Key Points of Bill C-11:

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  1. Regulation of Online Platforms: The bill empowers the Canadian Radio-television and Telecommunications Commission (CRTC) to regulate streaming platforms like Netflix, Disney+, YouTube, Spotify, and others. These platforms will have to contribute to the creation and promotion of Canadian content, similar to how traditional broadcasters are required to do so
     

  2. Canadian Content (CanCon): Online platforms will be expected to showcase and promote Canadian content. The bill introduces new rules on how platforms will feature Canadian shows, films, and music, to ensure Canadian voices are more visible online.
     

  3. User-Generated Content: This has been the most controversial aspect. There were concerns that the law could regulate content posted by users on platforms like YouTube or TikTok. However, the government and CRTC have clarified that individual creators would not be regulated, and the law is aimed primarily at large platforms.
     

  4. Financial Contributions: Streaming platforms will likely be required to contribute financially to the production of Canadian content, a regulation that previously only applied to traditional broadcasters.
     

  5. Diversity and Inclusion: The bill also seeks to promote greater representation of Indigenous and diverse communities in Canadian content production and broadcasting.
     

Current Status and Implementation:

  • CRTC Consultation: As of mid-2024, the CRTC is still in the process of setting out specific regulations for how Bill C-11 will be implemented. This involves public consultations with key stakeholders like streaming platforms, Canadian content creators, and consumers.
     

  • Opposition and Legal Challenges: Some tech companies and free speech advocates have expressed concerns that the bill might lead to overreach in regulating online content, especially on platforms where user-generated content is key.
     

While the bill is now law, its full implementation and impact on both streaming services and Canadian creators are still evolving. The CRTC’s decisions over the coming months and years will shape how Bill C-11 is enforced.

What is Bill C-18?

Bill C-18, the Online News Act, continues to be a hotly debated issue in Canada as it reaches the implementation stage. The bill aims to create a framework requiring tech giants like Google and Meta to compensate Canadian news organizations for hosting their content. However, major tech companies have responded by blocking access to news links for Canadian users. Meta has already blocked news content on Facebook and Instagram in Canada, while Google removed Canadian publishers from services like Google News Showcase.

 

In August 2023, the Canadian Radio-television and Telecommunications Commission (CRTC) announced its plan to implement the bargaining framework, with public consultations set to begin in the fall. The CRTC will oversee negotiations between tech platforms and news organizations and publish annual reports on the bill's impact. The government maintains that these companies should pay their "fair share" for Canadian news, but tensions remain high as platforms argue that the legislation is "unworkable" due to the financial liabilities it imposes.
 

The bill has faced criticism from both sides: tech companies argue it's financially burdensome, while news organizations see it as a necessary step to support Canadian journalism. Additionally, the Canadian government has suspended advertising on Meta platforms as a form of protest​

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