The problem with the cultural exemption in the original NAFTA was that it was simply incorporating into the terms of NAFTA the cultural exemption from the Canada-U.S. Free Trade Agreement.
The scope of that exemption was taken from the Canada-U.S. Free Trade Agreement and it was narrow. It was limited to those elements that the FTA covered. There was a giant hole that could easily have been exploited. There were a couple of cases over the years where that became evident. This cultural exemption is clear, direct, and comprehensive. It says cultural industries are exempt from the terms of this agreement, period.