Not even two weeks have passed since the Canadian Radio-television and Telecommunications Commission (CRTC) was given expanded powers over the internet, and it’s already labelling valid points of criticism as “myths.”
It’s a bad sign. If the organization tasked with regulating online content is playing rhetorical games in response to critics in the early days, we can hardly trust it to be honest when it builds its regulatory framework.
The CRTC’s list of myths and facts about Bill C-11 (the Online Streaming Act) were published Monday, along with the commission’s plan for setting up a new regulatory scheme for the Canadian internet. The CRTC is planning all sorts of consultations in the next year or so, which will culminate in the launch of a new regulatory scheme for online streamers in 2024.
Many of the CRTC’s supposed “myths” amount to a distinction without a difference. The CRTC says it’s a “myth” that it will regulate YouTubers, social media influencers, podcasters and other online content creators. The CRTC also claims it’s a myth that it will regulate social media users and the content they post. Instead, it says it’ll regulate platforms, not users.
All of this is like saying traffic police regulate roads rather than the drivers, or that lifeguards regulate pools, but not the swimmers within — in practice, regulating one regulates both.
Additionally, the Trudeau government’s Online Streaming Act allows the CRTC to regulate user-generated content that generates income — a point that has been made extensively by digital law professor Michael Geist of the University of Ottawa. Anyone who gets advertising revenue from content they upload could fall into scope of regulation if the CRTC so wishes; this covers most, if not all, digital creators.
The CRTC also says that it’s a “myth” that it will regulate video games. Video games were never exempt from Bill C-11, but the commission is proposing to expressly exclude games from regulation — hence the “myth.” No matter what policy the CRTC gives itself, games are still within its scope of regulation. Effectively, the only thing stopping video games from being regulated is the CRTC’s lack of desire.
Given that some online game platforms work like social media — with forums, content creation, and so on — it’s not hard to imagine a day where the CRTC would change its mind.
The CRTC also says it’s a myth that it’ll censor the internet. It’s true that the CRTC won’t be able to remove content online, it can require certain content to be promoted. With the new law, the CRTC can force platforms to promote certain genres of content, which would disadvantage content creators who don’t fall into the special categories. Failing to fall into a promoted genre would amount to a penalty.
Similarly, Bill C-11 revised Canadian broadcasting policy to include the promotion of various ethnicities, in both content production and broadcasting. It’s not outright censorship, but it is picking favourites when it comes to who gets extra support and airtime. It should be noted that the CRTC has already made the CBC allocate parts of its spending according to diversity, so that could very well be applied to others online.
Finally, the CRTC also says it’s a myth that they’ll tamper with online content algorithms. It’s true that Bill C-11 bars the CRTC from ordering specific changes to algorithms, but confusingly, the CRTC can make all sorts of other orders to online streaming services that would impact what you see.
“There are many other ways to make Canadian and Indigenous content easier to find, which could include promotional campaigns or featuring content on the service’s home page,” writes the CRTC. “We will explore these options as part of our consultations and look forward to hearing everyone’s views.”
Sassy Wire 