Thank you, Chair.
Thank you to the committee for having me back. My name is Scott Benzie. I'm the executive director of Digital First Canada, an organization that advocates on behalf of creators in Canada that choose free user-generated content platforms as their main distribution method.
I'd like to spend a minute to directly address the structure of Digital First Canada. Digital First Canada is a new organization that has been bootstrapped from the team at Buffer Festival. Yes, we have received some funding from our industry partners, including platforms and private industry involved in the success of digital creators. No, we do not have a formal membership structure where we receive fees from creators, nor do we receive any funding from the government, unlike some of our colleagues who will appear and who have appeared before you.
Now to the task at hand, which is Bill C-11. It is a shame that we and a handful of people like us had to spend the last year or so arguing a now true and confirmed fact—namely, that user-generated content is in this bill. In fact, over the last year, I was publicly attacked and accused of being a purveyor of misinformation from officials for stating it. Even today, about two hours ago, the minister stated that people who say it's in are conspiracy theorists. UGC is in this bill. Saying otherwise is misleading or you are being misled.
Now that it is on the table and in the open, let's have some constructive observations. I've had many conversations with our peers in legacy media about our support for the bulk of the bill that includes curated platforms in the broadcast act. In addition, we have been having the fight about UGC platforms contributing more to Canadian creators for far longer than most of you have been on this file.
With that being said, let's get a little technical. The exemption to the exclusion in proposed section 4.2 is not a sandbox; it is the Sahara Desert. As crafted, it includes almost the entire Internet. I welcome being challenged on that, but it is a fact. Mr. Scott confirmed that while creators themselves are not written into the bill, their content can be treated as “programs”. With that clause, all audiovisual content online is in the bill. With UGC platforms, you cannot separate the platform from the content or that content from its creator. If the mandate of the regulator is only restricted by a policy directive, it is your duty to see this power wrestled away because we might not like the next government so much.
Now, I don't believe the UGC platform should be exempt from all regulations. I believe they should have to contribute to the cultural sector. I believe they should be contributing to the creators that use those platforms primarily. If we just roll the cash into the system, we will literally be subsidizing lobby groups on the backs of independent digital creators. We will not be addressing the needs and supports that digital creators could use to grow faster. We believe in a higher level of transparency in the industry across the board. There are a lot of questions about where the money that the platforms already contribute is going today.
What's the problem? It's discovery. The minister has repeatedly assured digital creators that their videos would be exempt from the bill. The discovery clause does not reflect that promise. While there is no call for the CRTC to impose specific algorithms, there is a very problematic word, that being “outcomes”. Most platforms are binary, and the promotion of one piece of content results in the demotion of others.
You might ask, “Who cares? If it's Canadian, everybody should be happy.” That's just it. Digital creators do not qualify as Canadian, and even if they did, the process to have every piece of content certified is not just problematic; it's impossible. The bill has the intent of promoting Canadian content to creators. While that's admirable, most Canadian creators do not care solely about the Canadian market. The platforms are built for global discovery and niche content globally, and are participatory, not passive. Forcing something unnatural on them, such as local discovery, is a recipe for failure and jeopardizes successes like the indigenous creator renaissance on TikTok, Canadian musicians seeing global recognition and the world-class gaming industry.
There seems to be an impression that regulating the Internet and forcing certain content into the algorithm is a panacea for all that ails. Spoiler alert—it's not. Success online is hard work. It takes consistency, technical knowledge and knowing how to engage and grow your community. It is hustle, not handouts.
Imagine with me, if you will, legislation that actually helps not just digital creators but those groups we have heard from that are struggling on the platforms—a convergence of Canadian talent as opposed to ripping one out in favour of another. This bill favours a failed legislative solution instead of education, co-operation and acceleration. Imagine legislation where resources are put in place to join the Canadian cultural sectors and amplify our strengths.
We are not asking for anything in this bill except for the protection that the minister has promised. Please fix this bill so that we do not need to have the same conversations in the Senate, or even in the courts, for years to come.
Finally, the world is watching our activities here. No country has ever taken the step to regulate content this way. I would conclude with a very real warning. Canada cannot take this action and expect fair and equal treatment abroad. If the U.S., France or other jurisdictions take the same approach, you will effectively kill a group of creators that have global success and global contracts with brands, and that spread Canadian voices and values to a world that I believe benefits from them.
Thank you.