The Senate has now begun an unusual “pre-study” of Bill C-11, the very controversial bill designed to force the internet into the broadcasting framework, and to update the Broadcasting Act and, in the process, give enormous new power to the CRTC. Michael Geist has covered this in terrific detail.
Today, June
22, 2022 he and the Hon. Konrad von Finckenstein, Q.C.
testified before the Senate on Transportation & Communication. The video is
available here.
Konrad von
Finckenstein is a long standing legend in the Canadian public service. He was
the lead counsel for the Canada/US Free Trade Agreement in the 1980’s, the Commissioner
of Competition, a Federal Court Judge, and the Chair of the CRTC. Nobody else in
Canada has such a remarkable breadth of knowledge, experience and policy
acumen. He is still very active and contributing in the policy space, e.g. here with Jim Mitchell
on May 4, 2022 on Bill C-11.
So, his
testimony today was and will be very important. Here is the text of his speaking
notes (he was only permitted six minutes) and his Annex, which details five specific
amendments included below for convenience:
Annex A
I
Clause 2 of the
bill is amended by adding the following
subsection 2(4)
Exclusion- Minor Online
Undertakings
(4) This Act applies only to on line undertakings which have more than
100 000 subscribers in Canada or revenue in excess of 100 million from Canada.
II
Clause 4 of the Bill is amended by adding the following subsection 2.1
Limitation on
Regulations
2.1 Regulations made under sub section 2 (b)
i)
apply to on line undertakings with paid subscriptions or embedded
advertising that transmit, both their own or commercial content and user
generated content, and
ii)
must be constructed in such a manner that user generated content is
not affected.
III
Clause 3(2) of the bill is amended by adding the following :
(2.1) Paragraph 3(1)d)(i) of the Act is amended by adding the following:
(i.1) reflect and be responsive to the preferences and interests of
its audiences;
(i.2) to the extent possible rely on market forces to ensure that
Canadians obtain the programming of their choice;
IV
Clause 13 of the
Bill is amended by adding the following subsection 2.1 to section 11 of the act
2.1 For greater
certainty
2.1 Conditions imposed or regulations made by the Commission regarding
on line undertakings pursuant to sections 9.1, 10 or 11
1) shall
a)
not compel on line undertakings to change the methods by which they
ascertain viewer’s choice
b)
respect viewers choices and leave them unaltered
2) may however require on line undertakings to offer Canadian program
alternatives as an addition to viewers’ choices
V
Clause 14 of the bill is amended by adding the following after s.11.1
(5)
Eligibility to Benefits
(5.1) Where a foreign owned online undertaking is required
pursuant to section 11.1 to pay an expenditure to a person or organization, or
into any fund, that undertaking shall be eligible to the benefits available
from any such person, organization or fund as if it were Canadian owned and
controlled.
Today's hearing was off to a great start - and the Senate will hopefully provide the sober, second and thorough democratic consideration and necessary revision to the proposed legislation that Minister Pablo Rodriquez has denied in the House of Commons.
HPK