Rodriguez rejects Senate C-11 amendment limiting CRTC power over social media

Canadian Heritage Minister Pablo Rodriguez is rejecting a Senate amendment on Bill C-11 that would, according to the senators, clarify that only professional music will be regulated on social media platforms. “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,” the government’s note to Senate reads. In December Senator Julie Miville-Dechêne and Senator Paula Simons brought forward a motion to delete the controversial “exception to the exception” in the bill. The bill, as passed by the House of Commons, states that the act does not apply to a program that is uploaded to an online undertaking that provides a social media service by a user of the service with exception to certain programs such as those that may directly or indirectly generate revenue or if it has been broadcast by a broadcast undertaking that is required to carry a licence or be registered with the CRTC. That section of the bill, 4.2, has been the most controversial since it was first introduced in the House. Rodriguez has repeatedly said that the intent is to make sure “platforms are in, users are out,” and to ensure that content which can be found on other platforms (ie. Spotify) are also scoped in if it is found on social platforms such as Alphabet Inc.’s YouTube. Skeptics of the bill have claimed that the wording would grant the CRTC powers to regulate YouTubers, amateur videos, or any other content which is not associated with professional music. The Senate motion instead states that the commission may make regulations by considering to the extent to which a program contains a sound recording that has been assigned a unique identifier under an international standards system; the fact that the program has been uploaded to an online undertaking that provides a social media service by the owner or the exclusive licensee of the copyright in the sound recording, or an agent of the owner; and the fact that the program or a significant part of it has been broadcast by a broadcasting undertaking that is required to be carried on under a licence, or registered with the CRTC. Simons told the Senate committee studying the bill that the amendment was “surgical” and meant to ensure that the government does what it promised to do. “As promised, we are accepting amendments that ensure tech giants pay their fair share toward our culture, and we are declining the amendments that create loopholes,” Rodriguez said in a statement. Rodriguez also declined a Senate amendment that stipulates that online undertakings shall implement age-verification methods for online programs that are devoted to depicting explicit sexual activity because it is beyond the policy intent of the bill. For that same reason Rodriguez also declined an amendment which would have prevented the CBC/Radio-Canada from using branded content. The note to the Senate was posted Tuesday in a notice of a motion to the House of Commons. This marks the beginning of a potential back and forth between the government and the Senate. When the bill passed in early February, Rodriguez said he expected it to reach Royal Assent within a week. — Reporting by Jenna Cocullo at Jcocullo@thewirereport.ca and editing by Paul Park at ppark@thewirereport.ca

Rodriguez rejects Senate C-11 amendment limiting CRTC power over social media

News | March 8, 2023

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Rodriguez rejects Senate C-11 amendment limiting CRTC power over social media

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