The CRTC and the freedom to choose your content online

The decision of the Canadian Radio-television and Telecommunications Commission (CRTC) made public on June 4 requires that a portion of the resources that Canadians devote to their television consumption (online or otherwise) be reinvested in the creation of programs emanating from of Canadian creativity, minority communities and indigenous peoples. The underlying logic of this policy postulates that, for Canadians to truly have a choice, the availability of content from minority cultures, too often marginalized on online platforms, must be ensured.

The CRTC requires platforms to devote a 5% share of their Canadian revenues to funding local news on radio and television, as well as indigenous, French-speaking or minority group content. These obligations will take effect at the start of the 2024-2025 broadcast year and will provide new funding estimated at $200 million per year.

Such requirements will enable investments in sectors such as local news on radio and television, French-language content, Indigenous content and content created by and for equity-seeking groups, official language communities in minority situations and Canadians of diverse origins.

The end of laissez-faire

The decision rendered last week marks the CRTC’s return to a position respectful of the elementary principles which underpin electronic media legislation in Canada. During the last decades of the 20th centurye century, the Canadian authorities have strayed into a policy of laissez-faire with regard to the conditions for carrying out broadcasting activities on the Internet.

It is enough to recall that in 1999, the CRTC decided to unconditionally exempt all Internet broadcasting activities, claiming that this had no effect on the achievement of the objectives of Canadian broadcasting policy! In the name of a chimerical belief that this would stimulate innovation, this policy favorable to foreign platforms has considerably weakened Canadian media.

Contrary to what is often said by politicians or commentators hostile to the objectives of the Broadcasting Act, it has existed since 1958. It was not invented by the current government. Except during the first twenty years of the present century, governments of different tendencies have made upgrades. Modernizations to ensure the effective ability of Canadians to make real choices, in particular that of being able to choose works from local creators. Indeed, we cannot rely on the so-called “free market” to ensure the Canadian presence in media spaces.

The amendments made to the Broadcasting Act by the recent Online Streaming Act (finally) apply to platforms such as Amazon Prime and Netflix the obligations to devote a portion of the revenues collected in the Canadian market to investments in productions. of Canadian works. This model, long applied to companies doing business in Canada, but not to online platforms, has enabled the development of a program and musical production industry that has achieved significant success.

All things considered, the viewing successes of several shows created here presented on Quebec television are higher than those achieved by most American productions in their own market.

Canadian law does not prohibit foreign programming services. But it requires them to contribute to the availability of Canadian programs. Far from being a law that would “force us to watch programs we do not want to see,” the Broadcasting Act protects the freedom of Canadians to choose the works they want to watch and listen to. Indeed, our freedom of choice is denied when the algorithms of major platforms set to English without regard to our culture obscure our creators and works emanating from minority cultures.

More transparency

In its decision released last week, the CRTC announced that it will also require affected online companies to participate in annual broadcasting surveys to provide information on revenues, contributions and programming through its data collection system.

Such data should provide a better understanding of trends and help the industry adapt. This data could also help clarify the obligations of online broadcasting companies regarding the discoverability of original Canadian programs, particularly French-language programs.

There’s still much to do. For example, we must require that all televisions sold here be equipped by default with applications to access all Canadian services. If the course of action applied today by the CRTC had been followed over the last two decades, Canadian media would be in a better position to innovate and develop, in the technological environments that now prevail, programming offerings that reflect the both local cultures and what is best in other countries.

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