Tories Raise Bill C-11 Censorship Concerns as It Returns to House After Senate Deliberations

Conservative MP Rachael Thomas stands during Question Period in the House of Commons on Parliament Hill in Ottawa on Dec. 2, 2022. (The Canadian Press/Sean Kilpatrick)

The Conservative shadow minister for Canadian Heritage says the Liberals’ Bill C-11, which will update the Canadian Broadcasting Act, is a “censorship” bill, as the House of Commons resumes deliberations of the bill following amendments by the Senate.

“There is nothing progressive about censorship, and that’s what this bill is about,” Conservative MP Rachael Thomas said in the House on Monday.

“It’s about censoring Canadians and choosing what they can see, hear, and post online. It’s about censoring artists and whether or not they have access to an audience and to what extent that access is granted.”

Last month, Bill C-11 passed the Senate with a dozen amendments, and those amendments were debated in the House on Monday.

Bill C-11, also known as the Online Streaming Act, would update the Broadcasting Act that gives the CRTC regulatory powers over radio and television, allowing it to apply to all audiovisual content on the internet, including platforms like YouTube, TikTok, and Spotify.

Critics have said Bill C-11 would give the Canadian Radio-television and Telecommunications Commission (CRTC) the authority to monitor all online audiovisual content, including smaller content creators. The CRTC would thus have the ability to increase the visibility of some officially recognized Canadian content creators while decreasing the reach of other creators.

‘That’s Scary’

Thomas compared Bill C-11 to a guide telling somebody visiting a library that they are only allowed to take out certain books. “This is the internet if Bill C-11 passes. The internet will be guided through a Liberal government’s lens and determine what content Canadians can and cannot see,” she said.

Thomas said that according to Clause 7 of Bill C-11, cabinet will be able to determine, through the CRTC, what Canadians can see and post online. According to the legislative summary of the bill, the Governor in Council may give “directions of general application to the CRTC relating to the objectives of the broadcasting policy for Canada and relating to the regulation and supervision of the Canadian broadcasting system.”

“That’s scary, because the cabinet, which is partisan, will be directing what they can see and post online. Now, instead of giving a viewer more of what they want, YouTube will be instructed to give them more of what the government wants.”

Thomas said the Senate’s amendment would have removed Clause 7. “There should never be partisanship introduced into a bill like this. The Senate tried to remove it, and the government put that back in there. That should be very telling to Canadians as to what their intent is,” she said.

Thomas pointed out that in 1999, under the government of Liberal Prime Minister Jean Chretien, the CRTC issued an order that exempted from regulation, “without terms or conditions,” all broadcasting services delivered and accessed over the internet. She said the CRTC made this decision because they believed that “innovation, advancement and growth would take place if it was left alone.”

The shadow minister said it has “never been easier” for creators from various linguistic and cultural background to reach a national and global audience. “So for this legislation to build walls around these individuals, and to keep them within Canada, is so egregious that it’s hard for one to even fathom the reason for such legislation.

Thomas suggested Bill C-11 is the result of broadcasters like Corus Entertainment, Rogers, and Telus wanting to “gatekeep, maintain power, and hold their money.”

Level Playing Field

Liberal MP and Parliamentary Secretary to the Leader of the Government in the House of Commons Kevin Lamoureux said Monday that the last time there was a “thorough debate” in the House of Commons on the Broadcasting Act was back in 1991. He said because platforms like Netflix, Youtube, Spotify and Disney Plus did not exist back then, the current Canadian Broadcasting Act does not reflect advancements in technology.

Lamoureux said Bill C-11 would put all platforms back on a level playing field.

“To not support Bill C-11 is almost to say that it’s ok to continue in the fashion that we are currently going, where there is an unlevel playing field for those traditional broadcasters versus what’s happening with online platforms,” he said.

“What we recognize is that Canadian content really does matter, and one only needs to take a look at those traditional media outlets and the impact that has had on them, the CTVs and CBCs and so forth.”

Lamoureux said Bill C-11 would not censor content, mandate specific algorithms on streaming services or social media platforms, or limit Canadians’ freedom of expression.

“But you know, when I sit down and the member opposite stands up, she’s going to give me all sorts of contradictions to some of the things I’m saying here, when we know for a fact that bill does not do that,” he said.

Lamoureux also accused the Liberals of wanting to get rid of the Canada Broadcasting Act “in the name of so-called misinformed freedom.”