Podcasters With Revenues Over $10 Million Will Have to Register: CRTC

CRTC is developing the rules that will be used to implement Bill C-11.

The social media pages of the Canadian Radio-television and Telecommunications Commission on a cellphone in a file photo. The Canadian Press/Sean Kilpatrick

Podcast producers with revenues over $10 million must now register with the Canadian Radio-television and Telecommunications Commission (CRTC). The requirement falls under new regulations announced Sept. 29 by the commission as part of the its implementation of Bill C-11.

“Online services that offer podcasts must register,” said the statement on the CRTC website. They will also need to “provide the CRTC with information related to their content and subscribership.”

Bill C-11 was passed in April, but the CRTC has since held a number of discussions to develop the rules that will be used to implement the law.

The new regulations are two of the first released as part of that process.

“If you’re Jordan Peterson … you do not personally have to register, but whoever carries you [does]. That would be YouTube in his case,” Peter Menzies, former vice-chair of the CRTC and former newspaper publisher, told The Epoch Times.

“But there’s many others, they do have to register, which of course begs the question, ‘Why?’”

He added Bill C-11 was an amendment to Canada’s Broadcasting Act, and one of the things it does is bring parts of the online realm under the same regulations as conventional broadcasting.

“The Broadcasting Act itself, which now applies to the streaming world … states very clearly that the commission is obliged to ensure that the content distributed by the system … must be of a high standard,” he said. “And that’s a pretty subjective measure, but it’s had the CRTC in the past deal with issues of censorship.”

Mr. Menzies pointed to a request earlier in 2023 when a group appealed to the CRTC to have cable companies drop the Fox News channel from cable offerings, following its objection to a segment by controversial broadcaster Tucker Carlson.

“So, it really does open the door for a lot of that, unless the CRTC is wise enough to slam it shut at some point,” he said.

Dissent

Reaction from some has been swift.

“Leave my bloody podcast alone Or face the consequences You insane censorious totalitarian Rats,” Jordan Peterson posted on the platform X, formerly known as Twitter, on Sept. 29.

Brian Lilley, a columnist with the Toronto Sun, was also blunt.

Mr. Menzies also raised the possible problem of companies being required to register if they generate $10 million or more. He believes it will create a lot of extra work for the CRTC.

“The 10-million-dollar figure is remarkably low,” he said. “I think they’re biting off a lot more than they can chew.”

Mr. Menzies said the initial purpose of C-11 articulated by previous heritage ministers was to get money from web giants.

“Ten million in revenue isn’t ... a lot of money these days,” he said. “And if all of a sudden you’ve got this big regulatory burden, the CRTC wants to know who your subscribers are, and how much you’re paying, and all that, it might be easier just to leave. … We’ll have to see, but it’s the possibility that some of the smaller ones just decide to exit the Canadian market.”

A similar concern was posted on X by professor Michael Geist, the Canada research chair on internet and e-commerce law at the University of Ottawa.

“Government pitched Bill C-11 as targeting web giants. In its first decision on registration requirements, the CRTC is apparently defining that to include podcasters or smaller foreign streaming services with $10M+ in Canadian broadcast revenues,” said Mr. Geist.

Registration

The new regulations say online streaming services that operate in Canada and earn $10 million or more will need to complete a registration form by Nov. 28.

The CRTC adds that platforms offering “broadcasting content” and earning over $10 million annually could include streaming services, social media, subscription television services, radio stations live streaming over the internet, and podcasts, either free or with a paid subscription.

The new rules represent “a major step forward to modernize Canada’s broadcasting framework,” the CRTC says.

Online services earning less than $10 million annually are exempt from registration, as are companies that offer video games or audio books.

Former heritage minister Pablo Rodriguez has contended the government’s aim in C-11 is to give Canadian content creators a “level playing field” with American competitors, who often achieve greater reach with Canadian audiences.

Bill C-11 has been hotly debated in Parliament.

Conservative Leader Pierre Poilievre called it a “censorship” bill during question period on March 30.

During the same question period, Liberal former house leader Mark Holland said the purpose of C-11 is to make sure Big Tech pays its fair share to Canadian creators and artists.

A third consultation, which will take into account the contributions traditional broadcasters and online streaming providers would need to make to promote Canadian and indigenous content, is already underway, according to the CRTC.

It also plans on three weeks of public hearings, starting on Nov. 20, and plans to hear from 129 interveners representing a broad range of interests.

Peter Wilson contributed to this report.