Bill C-11, which notably amends the Broadcasting Act with respect to online streaming, is currently being discussed by the Standing Senate Committee on Transport and Communications, after second reading in the Senate. This bill is unleashing passions on social networks and is the subject of strong and very divided opinions. Although this bill can be eminently improved, we nevertheless want to affirm the need to achieve the main objectives it has set itself, objectives that are absolutely crucial for Canada.
First, we must emphasize the importance of Bill C-11 as an instrument for modernizing Canadian broadcasting policy, which was first set out in 1991, when the Internet was still in its infancy. Faced with the convergence of traditional and digital media since that time, it is essential to adapt Canadian broadcasting policy as well as the powers of the broadcasting regulator, the Canadian Radio-television and Telecommunications Commission (CRTC). , to better reflect the heterogeneous ecosystem of communications and cultural production resulting from the digital transformation of our society.
It is for this reason that the update to the Canadian Broadcasting Policy aims to include online businesses in the latter, in particular video-on-demand services such as Netflix or Disney+. The CRTC will be able to issue various orders, imposing among other things “the proportion of broadcasts […] in the original French language” and “the promotion and discoverability of Canadian programs and Canadian programming services”.
Each company must also “contribute to the achievement of the objectives of the policy, in the appropriate manner depending on the nature of the services it provides”. The Bill strengthens these order-making powers by giving the CRTC the power to impose administrative monetary penalties on persons and businesses that violate provisions of the Act or its regulations.
Second, Bill C-11 proposes long-awaited changes to the broadcasting policy that recognize the fundamental role the broadcasting system plays in promoting and enhancing the forms of cultural expression produced and created by Canadians in all their pluralism.
Here we highlight a few examples. First, the bill makes explicit reference to updating the objectives of equity, diversity and inclusion, by ensuring that the system better meets the needs of Canadians from racialized communities or who represent diversity. because of their ethno-cultural background, socio-economic status, ability, sexual orientation, gender identity or expression, or age. It goes without saying that ensuring that barriers to the full participation of these communities in online broadcasting and their access to it is removed is particularly important.
Next, Bill C-11 seeks to contribute to the concrete implementation of the “Truth and Reconciliation” policy, by providing for the offering of programming in Aboriginal languages that reflects Aboriginal cultures (including Inuit and mestizos).
Finally, the bill in question seeks to promote the vitality of official language minority communities in Canada and to promote the full recognition and use of French and English in Canadian society, in particular by supporting the production and broadcasting of original programs in either language.
Legislative momentum
We are personally of the opinion that the defense of Canada’s cultural sovereignty must be accompanied by a policy of defense of its digital sovereignty. Indeed, C-11 is undoubtedly part of the ambitious Digital Charter 2020 plan, which aims to properly regulate technology in Canada. In this vein, it is important to remember that digital regulation is stagnating in Canada. At any event, it is too slow compared to what is happening with other international players.
It is high time to transform the orientations stemming from the charter in question into laws, and to give life to the principles it postulates and the objectives it sets. This requires, in particular, more support for Aboriginal initiatives, original programming in French and the representation of Canadian diversity.
Currently, the bill imposes on foreign companies the obligation to employ Canadian human resources to the maximum, at least in a predominant manner, in the same way as Canadian companies. Nevertheless, C-11 provides that this must be done “to the greatest extent possible”, which is not enough to respect the orientations of the 2020 charter and to affirm loud and clear Canada’s digital sovereignty.
Be that as it may, despite its flaws — flaws that we cannot and will not deny — Bill C-11 is a step in the right direction. It is, in our view, urgent and important not to let the current legislative momentum pass. This would risk relegating to oblivion the issues of diversity and inclusion as well as cultural and digital sovereignty that this bill promotes.
The big losers from a failure of Bill C-11 would no doubt be Canadians themselves. Dropping this bill should simply not be an option.