Digital creators may still be subject to C-11, Heritage Committee told

Digital creators are wary of the government’s claim that amendments to the Broadcasting Act will not include them. The current legislation, Bill C-11, is too vague, the House of Commons Heritage committee heard Wednesday. The session was scheduled to speak about another topic, the Status of the Artist Act, but discussion soon drifted to the broadcast bill, which has yet to be referred to the committee. Scott Benzie, executive director of Digital First Canada, said his group was founded due to the provisions of an earlier version of the bill, when it was known as C10. “Our organization didn’t exist before bill C10 and I hope it doesn’t exist six months from now but we’ll see where that goes,” he told the parliamentarians. The Bloc Québécois and the New Democratic Party are supporting the bill; the Conservatives want changes made to it. Benzie’s primary concerns revolve around two clauses in the broadcasting bill, 4.1 and 4.2, which define what content creators are and are not covered by the legislation and will ultimately come under the purview of the CRTC. He was not reassured by comments from Canadian Heritage Minister Pablo Rodriguez that small creators are exempt. “It’s not true and I don’t want to attribute everything to malice because sometimes it’s just ignorance and not understanding. Our world is very complex. 4.1 as the minister has said excludes social and digital content, 4.2 in that bill brings it all back in,” he asserted. At a previous sitting of the committee, content creator Darcy Michael appeared as a witness. He too worried about the effects of C-11. At the hearing he got into a heated discussion with Liberal MP Chris Bittle, parliamentary secretary to Rodriguez. Conservative MP Rachel Thomas asked Benzie about his reaction to the controversy. “Throwing around terms like misinformation, the fact of the matter is, Darcy was absolutely correct,” the executive director maintained. “This bill will have a dramatic impact on digital first creators. An argument can be made that user generated content is absolutely still in this bill. The exemption clause 4.2 is far too vague, far too broad, there are no guidelines, it basically includes the entire internet.” During his questioning, Bittle sparred with Benzie over the work Digital First has been doing. None of its lobbying efforts are listed on its website or on Twitter, the MP stated. He questioned the financing of the organization, wondering if it was truly a volunteer group. “Is it called volunteer if you’re actually sinking your own money into it?” Benzie shot back. Bittle wondered if any of the big tech platforms were funding the organization. “Absolutely not and if you’d like to have a separate hearing on all our issues with the platforms I’m happy to have it,” Benzie replied. “Right now we seem to be aligned which is crazy, we’re normally arguing with platforms.” One witness who didn’t seem that distressed about C-11 was Éric Lefevbre, the secretary-treasurer of the Guild des musiciens et musiciennes du Québec. He told the MPs that it is difficult for his constituents to negotiate with the large platforms. The new bill may change that. “It’s currently impossible to negotiate with those parties under the current regime but if Bill C-11 is adopted that may make it possible to, at the very least, create a dialogue, open a dialogue regarding the remuneration not only of works but also the use of performances to make sure that artists can receive remuneration for all content found on the platform,” he stated. That argument didn’t sway Benzie. “Right now this piece of legislation will have a dramatic effect on every creator who earns a living online,” he concluded. “Yes we are absolutely laser focused on Bill C-11.” –Reporting by Paul Park at ppark@thewirereport.ca and editing by Michael Lee-Murphy at mleemurphy@thewirereport.ca

Digital creators may still be subject to C-11, Heritage Committee told

News | March 24, 2022

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Digital creators may still be subject to C-11, Heritage Committee told

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