Scott says CRTC will never regulate user-generated content under current Bill C-11

The CRTC is generally supportive of Bill C-11, the revised broadcasting act, and does not have the authority to regulate user-generated content, according to remarks chair Ian Scott made last week in a speech to students at Ryerson University. “We at the CRTC are supportive of the overall approach taken by the bill. In our view, it proposes three important things. First, it clarifies the CRTC’s jurisdiction regarding online broadcasters. Second, it gives us a more flexible approach to regulation in several important respects. And third, it modernizes the CRTC’s enforcement powers,” Scott stated last Friday. Scott noted that critics of the bill warned that it would leave “too much up” to the regulator, and argued that “the danger with being too specific in the legislation is that it becomes a static document.” The bill will leave it up to the commission to define an online broadcaster, content that makes a meaningful contribution to Canadian culture, and how services such as Spotify AB or Netflix Inc. support the French-language industry. “As we have seen, it can take several decades before Parliament has an opportunity to review legislation, and in the meantime circumstances on the ground can shift significantly,” he stated. “A regulator, on the other hand, can move quickly to update its regulatory policies. All it requires is the launch of a public proceeding, the gathering of views and evidence, and the time to deliberate and draft a decision.” Scott also responded to concerns that Bill C-11 would give the CRTC the authority to regulate user-generated content on social media by subjecting the content to registration, discoverability and contribution requirements. “That’s just not true,” Scott said. “As it’s drafted at the moment, the bill draws a distinction between the users of social media, and the platforms themselves. It’s clear to us that the bill’s intent is to exclude individual users from regulation.” Scott added that the current form of the bill limits the commission’s powers to regulate social media platforms to ensure that they support the development of Canadian programs, make content discoverable, or accessible to persons with disabilities. “It is not our intention to do anything that would harm, restrict or impede ability to create and share their content,” Scott said. Scott defended the commission by arguing that over the years it has adopted a “light-handed approach” to regulation. He pointed to instances where the CRTC issued exemption orders for digital media services and video-on-demand services that are offered over the internet to “enable innovative broadcasting services” like CBC/Radio Canada’s CBC Gem and tou.tv, and BCE Inc.’s Crave. Scott concluded his remarks by addressing concerns over the CRTC’s expertise to regulate online platforms by stating that it has “a long history and a strong track record of implementing effective policies and adapting its approaches over time.” “And we will continue to do so under the new Broadcasting Act regardless of the platform, and only when regulation materially contributes to the objectives of the act,” he said.

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Scott says CRTC will never regulate user-generated content under current Bill C-11

Brief | April 5, 2022

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