Federal experts will have to determine whether Internet pornography is part of “Canadian culture” enough to be subject to the new broadcasting law, designed primarily for sites such as Netflix and YouTube.
By forcing online broadcasters to contribute to Canadian culture through its broadcasting bill, could Ottawa find itself requiring porn sites to feature Canadian orgasms? It will be up to the Canadian Radio-Television and Telecommunications Commission (CRTC) to decide, says the office of Heritage Minister Pablo Rodriguez, who doubts the cultural value of this type of production, however.
“The bill specifies that the CRTC must avoid imposing obligations that will not significantly contribute to our culture. Pornographic content is not considered significant to Canadian culture,” said the Homework the minister’s press attaché, Laura Scaffidi.
Pablo Rodriguez tabled last February the latest version of his government’s plan to subject online broadcasters to the same rules as traditional television broadcasters, such as cable companies. It is designed to impose ‘terms of service’ on sites that offer ‘commercial broadcasts’, i.e. professional productions that appear on multiple platforms, such as music, TV series or movies.
The text specifically excludes any content uploaded by Internet users themselves. However, it does not specify any exceptions for specific film genres. If passed, online companies will be forced to “clearly promote and endorse Canadian programming.”
A changed world
“The internet has completely transformed the way we produce and consume our cultural products,” he told parliament. We must ensure that streaming services contribute to the strength and vitality of Canada’s cultural sector. »
However, the Internet has also changed the way pornography is consumed. On conventional television, channels specializing in adult entertainment are subject to conditions of licence, such as an obligation to broadcast a certain proportion of Canadian programming.
A previous version of the bill, now titled C-11, was considered by federal lawmakers before dying on the order paper when the 2021 federal election was called; the conservatives had sharply criticized it, seeing it as a risk for freedom of expression online. English-language media then reported that Canadian content obligations could indeed apply to pornographic sites, according to officials.
The reform of the Broadcasting Act aims to give the CRTC “a big sandbox”, in the words of the minister, to decide what content should or should not be regulated. For example, the Council must establish what constitutes sufficiently “commercial” content. Within this category, he could therefore also have to decide on what is sufficiently “significant for Canadian culture”.
Appropriate contributions
As an administrative tribunal, the regulator says it has sufficient expertise to carry out this mission.
“The CRTC has a strong track record of implementing effective policies and adapting its approaches over time to meet the changing needs of Canadians and the broadcasting system,” replied the Homework his spokesperson, Éric Rancourt, in an email.
The federal agency, for example, has a practice of defining “culturally appropriate” contributions required of television broadcasting services. It bases its decisions on public consultations and expert interventions. In the current system, “channels that offer pornographic content have no regulatory obligations to contribute to the production or financing of this type of content”, it is specified.
The CRTC plans to consult the public to be ready to quickly implement Bill C-11, if passed. The text is in its second reading in Parliament. It still has to be studied by a parliamentary committee, a stage during which its latest version has undergone profound modifications.