A bill to ostensibly protect and promote Canadian online content has long been under fire for becoming a potential government censorship tool. Amid mounting criticism, another issue being raised with the proposed legislation is the broadcast regulator’s perceived lack of independence from cabinet.
“[Bill] C-11 turns basically an independent, arm’s-length, respected regulator into a branch of government. And I feel sorry for the commissioners who were there and I feel sorry for the staff there because they have been undercut by this government in a remarkable fashion,” Peter Menzies, a Macdonald-Laurier Institute senior fellow and former vice-chair of the Canadian Radio-television and Telecommunications Commission (CRTC), told The Epoch Times.
Known as the “Online Streaming Act”—also widely dubbed the “online censorship bill”—it’s currently being examined by the Standing Senate Committee on Transport and Communications. The proposed bill aims to amend the Broadcasting Act and other acts.
“One of the really chilling parts of C-11 … is the extent to which it grants cabinet sweeping powers to overrule the CRTC on decisions. It basically replaces the CRTC with cabinet for decisions,” Menzies said.
He pointed to the controversial subsection 7(7) as the provision that empowers cabinet to overrule CRTC verdicts. Senators Donna Dasko and Pamela Wallin also had similar concerns about the subsection and the CRTC’s independence.
Dasko raised the issue about the subsection at the Nov. 16 Senate committee hearing and asked CRTC chairman and CEO Ian Scott if he would “send us an amendment that you think would be the proper relationship between a regulator and a government.”
Scott agreed, and when asked by Wallin about the CRTC’s independence from cabinet, he was adamant that “we are arm’s length and independent.”
Later on the same day, the CRTC provided a written response to the Senate committee on the subject of “CRTC Independence.”
“Subsection 7(7) would appear to deviate from the purpose of the policy direction power set out in subsection 7(1) of the Act,” the CRTC response stated.
“Subsection 7(7), as proposed, could be interpreted to provide the GiC [cabinet] with the ability to intervene in the minutiae of the CRTC’s work,” it said, and went on to recommend that the subsection be deleted.
At the subsequent Nov. 22 committee hearing, Minister of Canadian Heritage Pablo Rodriguez, in response to a query from Dasko, disagreed that the subsection gives more power to cabinet.
“I don’t see any new power given to cabinet. It’s just for greater certainty,” he replied.
Multiple Issues
Senators also raised concerns about the use of algorithms to manipulate content that platforms show users and the possibility that the CRTC will crack down on individual digital content creators.
In response, both Rodriguez and Scott told senators that the CRTC has no intention of regulating individuals.
Rodriguez repeatedly said the bill is not about social media creators but focuses only on commercial content, and Scott said the CRTC is focused on regulating digital platforms.
Giving the example of Facebook broadcasting live events, Scott said this is different from the situation of an individual uploading content.
