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Senate Approves Bill C-11

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(Ottawa) Large digital companies that offer online streaming services may soon be required to contribute to Canadian content as a controversial Liberal bill moves one step closer to implementation.
MICKEY DJURICTHE CANADIAN PRESSThe Senate passed the online broadcasting legislation known as Bill C-11 with a dozen amendments, after being studied at length by senators.

The bill would update Canada's broadcasting rules to reflect the market presence of online streaming giants such as YouTube, Netflix and Spotify. The law would require them to contribute to Canadian content and make it available to users in Canada — or face heavy penalties.


Minister of Canadian Heritage Pablo Rodriguez

Canadian Heritage Minister Pablo Rodriguez said he hopes the House of Commons will pass the bill next week after reviewing Senate changes

Senators made changes to protect user-generated content and promote Indigenous languages and Black content creators.

They also included an amendment that would prohibit CBC/Radio-Canada from producing sponsored content. Another change would require companies to verify users' ages before they access sexually explicit material.

The Liberal government does not intend to accept all of the Senate's recommendations, Rodriguez said Thursday,
but did not specify which ones he disagreed with.

"We'll see when the bill comes back. There are amendments that have no impact on the bill, and others, yes. We will not accept those," the minister said at a panel of the Canadian Media Producers Association.

The Senate also removed a clause from the bill that Senator Paula Simons described as giving "extraordinary new powers to the government to make policy decisions" on certain aspects.

Ian Scott, the former chair of the Canadian Radio-television and Telecommunications Commission, told a Senate committee that some provisions of the bill would bring the balance "a little closer to diminishing independence" of the regulator — though he insisted it would remain independent.

The CRTC, now under the direction of Vicky Eatrides, will be responsible for enforcing the provisions of the bill.

While the Association of Music Publishing Professionals (APEM) welcomes the progress of the bill, it also calls on the House of Commons to reject some Senate amendments, including the one on social media.

According to the organization that represents French-language music publishers in Canada, "the amendment to section 4 was not necessary and is problematically drafted."

"The text creates a loophole that would benefit multinationals when they broadcast music videos. This is highly problematic and would have implications for all undertakings in the Canadian broadcasting system. We must return to the text that the House of Commons had adopted last June, it had been long debated and thoughtful, "said the director general of the APEM, Jérôme Payette, in a statement sent Thursday evening.

He called for "a speedy adoption of the bill."

The Senate gave its approval one year after the bill was introduced in the House of Commons.

In proceedings in the House of Commons and the Senate, there were about 218 witnesses, 43 meetings, 119 briefs and 73 proposed amendments, Rodriguez said.

The bill has come under intense scrutiny amid accusations from companies and critics who said the piece of legislation leaves too much room for government control over user-generated content and social media algorithms.

Rodriguez says digital giants can get creative by promoting Canadian content, such as billboards, advertising or,
if they wish, changing their algorithms.

The bill has also caught the attention of the United States. Her embassy in Ottawa recently said she is consulting with U.S. companies that she says could face discrimination if the bill passes.

Last week, two U.S. senators called for a trade crackdown on Canada over Bill C-11, saying the future regulations trample on trade agreements.

"I'm not concerned because we think it's consistent with trade obligations," said Minister Rodriguez.


MICKEY DJURIC
THE CANADIAN PRESS
Online streaming services| Senate approved Bill C-11 | The Press (lapresse.ca)

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