Bell, Rogers re-raise site-blocking request to MPs

OTTAWA -- BCE Inc. and Rogers Communications Inc. are asking the House heritage committee to amend parts of the copyright and telecommunications acts to compel a number of intermediaries to take down websites that make available pirated content, resurrecting a request the companies spearheaded that was denied by the CRTC earlier this month. Tuesday’s recommendation is not new, as it was raised in front of the House of Commons industry committee in late September. However, earlier this month, the CRTC rejected the FairPlay Canada application that sought to impose a website-blocking system overseen by the regulator because it didn’t have jurisdiction to do so. “The committee could recommend that the Telecommunications Act be updated to provide that jurisdiction to the CRTC,” Robert Malcolmson, Bell’s senior vice-president of regulatory affairs, told the committee studying funding models for the creative industry on Tuesday. The original FairPlay application, filed in January, only points to internet service providers (ISPs) as the primary intermediaries that would be forced to block websites, though it cites international opinion that other content delivery players have a role to play. Rogers and Bell recommended to INDU in September and Heritage on Tuesday that the list of intermediaries should be expanded to include web hosts, domain name registrars, search engines, payment processors and advertising networks. The comments are the latest in the anticipated continuation of the FairPlay saga. The CRTC acknowledged the piracy problem in its decision to deny FairPlay, but said it didn’t want to step on the toes of the government in the midst of a number of related legislative reviews, including the broadcasting, telecommunications and radiocommunications acts. Rogers and Bell, which are vertically-integrated companies -- meaning in addition to selling internet and TV service, they own media content -- have a vested interest in preventing money from leaking out of the system due to piracy. Malcolmson cited reports from Innovation Canada, Sandvine and Muso that point to increasing levels of piracy, which he said has an estimated economic impact of between $500 million and $650 million annually. Both companies recommend empowering the courts to quickly process and grant rightsholders complaints against any of the aforementioned intermediaries because the judicial system, they say, is currently too slow and costly to address these time-sensitive matters. Pamela Dinsmore, Rogers’ vice-president of regulatory affairs, said the amendment to the laws should also mean ISPs wouldn’t have to worry about the content neutrality provision in the Telecommunications Act. “It is now incumbent on this committee to seriously consider that request of rightsholders, in order to preserve the healthy operation of the Canadian broadcasting system,” Dinsmore added. However, one member of the Heritage committee didn’t like the heavy focus on site blocking and piracy. “Your submission to this committee rings hollow and tin ear -- they’re technical, they’re overweighted to INDU, should’ve been a different submission -- this is the place where we’re advocating for artists,” Liberal MP Randy Boissonnault said, asking what ISPs are doing to make the piece of the estimated $500 million lost to piracy bigger for artists. Dinsmore responded by noting the estimated amount, if not lost, would be used to contribute to the system, including, for example, paying into the Canada Media Fund (CMF) and making copyright payments.

Bell, Rogers re-raise site-blocking request to MPs

Brief | October 16, 2018

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Bell, Rogers re-raise site-blocking request to MPs

Brief | October 16, 2018

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