Debates of March 30th, 2023

Online Streaming Act

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Mr. Speaker, there has been a lot of disinformation coming from Conservatives specifically. One of the narratives they like to use is that, on this side of the House, we are trying to give control to cabinet to set the algorithms that would determine what people see. However, the Conservatives are somehow assuming that every other political party in here, including the Green Party and the Bloc, are willing to go along with that plan. That sounds quite ludicrous to me. I wonder if the parliamentary secretary can weigh in on it.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, there is no hidden agenda in this bill. Algorithmic control would remain with the online streaming platforms.

What is important is the notion of ensuring that a portion of the profit that online streaming platforms, particularly those from other parts of the world, are already making from Canadian content is contributing to the creation of that Canadian content. That is a win for Canadian creators. Arguably, it is probably a win for Netflix as well, because it will just have more like The Tragically Hip to put on their streaming platforms.

[The Deputy Speaker, Conservative, Chris d'Entremont]

I want to point out that everybody is talking about cassettes and records, but not one person mentioned anything about eight-tracks.

Resuming debate, the hon. member for Carlton Trail—Eagle Creek.

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, you stole my thunder.

I am pleased to have this opportunity to rise and speak to Bill C-11, the online streaming act, which, as we know, amends the Broadcasting Act and makes consequential amendments to other acts. I want to start by recognizing my colleague, the member for Lethbridge, who has done incredible work to bring to light the facts about the impacts this bill would have not only on the rights of Canadians but also on content creators here in Canada.

I will be splitting my time with member for Calgary Nose Hill.

This is an immense bill, as it would affect not only online streaming but also user-generated content online, including on social media. Let us review. The first iteration of this bill, Bill C-10, was introduced in 2020. The government claimed that the purpose of it was to modernize the Broadcasting Act and to make large online streaming services meet Canadian content requirements and to bring them in line with TV and radio stations. We have heard that again here.

In its original version, the former bill, Bill C-10, included an exemption for programs that users uploaded onto their social media or “user-generated content”. During the committee’s study, the Liberals voted to remove this exemption from their own bill and refused to allow the Conservatives to reintroduce it. The bill died on the Order Paper when the 2021 election was called, but was reintroduced by the government in this Parliament. Here is what it did.

Bill C-11 would create a new category of web media called “online undertakings” and would give the CRTC the same power to regulate them and would require them to invest in Canadian content, even though they would not be required to apply for licences. While the government put the exemption back in this new version, it went on to also include an exemption to the exemption, which made it effectively meaningless. Unfortunately, this is another bill that the government seeks to pass that would dictate to industries what is best for them, rather than listening to the experts and stakeholders.

Numerous experts such as law professors and former CRTC commissioners believe that this bill would threaten the right to free speech. As we know, section 2(b) of the Charter of Rights and Freedoms guarantees the right to free speech, which can only be exercised effectively if one has the ability to be heard. Law Professor Michael Geist explains this:

To be clear, the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard. In other words, the CRTC will not be positioned to stop Canadians from posting content, but will have the power to establish regulations that could prioritize or de-prioritize certain content, mandate warning labels, or establish other conditions with the presentation of the content (including algorithmic outcomes). The government has insisted that isn’t the goal of the bill. If so, the solution is obvious. No other country in the world seeks to regulate user content in this way and it should be removed from the bill because it does not belong in the Broadcasting Act.

The government wants to give bureaucrats living in Ottawa the sole discretion of determining what content should be considered Canadian and what should be shown to Canadians at large.

Setting aside concerns regarding free speech for a moment, this bill would also threaten the livelihood of individual content creators, artists and influencers who earn their living through the videos they post on social media and the advertising revenues that they generate. By their testimony, many fear they will not qualify under the CRTC’s rules promoting certified content. They are also afraid of the effects of regulation on their international audiences.

Canadian creators do not need the Canadian media industry to intercede for them to succeed. Canadians are already punching above their weight, and there are many success stories. The reason we have so many Canadian success stories is that we allow the creativity of Canadian creators to flourish. We do not throttle it with excessive bureaucracy or red tape.

In the current landscape, content creators rise to the top through the merit of their content. The Internet offers infinite opportunity for new creators to reach audiences worldwide, allowing small creators to build up audiences through their own creativity and determination.

The bill would seek to stifle that freedom, only allowing those creators that the government deems worthy to be seen. Instead of one’s search bar directing one to the content one is looking for, it would direct one to the content that the government has approved and wants one to see. This would be yet another case of government gatekeepers picking winners and losers based on their own arbitrary criteria.

It is important to note that the Senate made approximately 29, mostly minor, amendments to Bill C-11. This is why it is back before the House of Commons. The most significant amendment proposed would attempt to narrow the scope for social media regulation by adding discretionary criteria that appear to encourage the CRTC to focus on regulating professional audiovisual content rather than amateur user uploads.

While this makes the bill less bad, given that the criteria are discretionary, they do not change the powers of the CRTC to regulate social media or its discoverability powers. Besides that, the heritage minister has already indicated that the Liberal government will reject this amendment.

We should make no mistake: Homegrown talent and creative content here in Canada will no longer succeed based on merit. Content will be subject to a set of criteria that bureaucrats in Ottawa will use to determine its level of Canadianness, resulting in traditional art forms being favoured over new creative content.

Over 40,000 content creators affiliated with Digital First Canada signed letters calling for the discoverability rules in Bill C-11 to be removed.

Since the bill was introduced in its first iteration as Bill C-10, I have heard from many constituents who do not want the government dictating the content that they are allowed to see. They have written to me and expressed their shock and dismay at the government's attempt to control speech and online content.

They want the ability to find their favourite creators and enjoy the content that appeals to them. They do not want to see the favourite content of an Ottawa bureaucrat.

For all the Liberals’ claims, Canadians understand that if this bill passes—

[The Deputy Speaker, Conservative, Chris d'Entremont]

The hon. parliamentary secretary to the government House leader is rising on a point of order.

Video Recording of Parliamentary Proceedings

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Mr. Speaker, I would like to add to the point of order that I raised with you about an hour ago. Since then, the Leader of the Opposition has gone, once again, and retweeted the same video. In it, he says that the Liberals are speaking out in the House of Commons, right now, trying to censor this video and get it banned from the Internet.

I think the Leader of the Opposition is treating the procedure and the common practices that we have in the House callously. I think that, in your consideration and forthcoming judgment, you should consider this new information as well.

[The Deputy Speaker, Conservative, Chris d'Entremont]

Thank you for the input.

The hon. member for New Brunswick Southwest is rising on a point of order.

[John Williamson, Conservative, New Brunswick Southwest, NB]

Mr. Speaker, if the Liberals are going to put forward a bill that would censor the Internet, they are going to wear it and get called out on it. We are not going to sit quietly back, as the opposition, and allow them to pass a bill like this that would censor what Canadians see.

If they are doing this, Liberals should be prepared to wear it.

[The Deputy Speaker, Conservative, Chris d'Entremont]

The hon. member for Windsor West is rising on, I believe, the same point of order.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, I think it is obvious, though, that one cannot use one's technology here in the chamber while it is sitting. It is a well-established practice that we have had, and any disrespect for that has always been corrected.

Unfortunately, we are in real time right now, and it is obviously more complicated. I am hoping that perhaps this will be expedited, at least as to whether the allegation is accurate. I do not know. I have not seen the video just yet, but I understand that it is pretty serious.

If it is in real time, happening right now, it is just going to create more egregious debate in the House of Commons. That is unfortunate. If it is true, then that should also be reflected because there is an attempt on the outside to do what one cannot do on the inside.

[The Deputy Speaker, Conservative, Chris d'Entremont]

The hon. member for Winnipeg North is rising on the same point of order.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, let us be very clear: It is a violation of a rule if the mace is on the table and one is taking a picture or a video. Traditionally, in the past, when the issue has been raised, we have often seen the Speaker call for an immediate deletion. It has nothing to do with censorship. It is 100% about rules inside the House.

The leader of the official opposition is blatantly disobeying a rule. He should be deleting it, not because of censorship but because he should be respecting the procedures of the House of Commons.

I would ask, and suggest, that he be called upon to delete the video that is in direct conflict with our rules.

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

Mr. Speaker, I just think this is such a classic example of an attempt by the government to censor what a member is saying on this very debate. It is very ironic that we have a government talking about it not being about censorship while attempting to censor a member of this House.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, the rules and procedures of this House are not up for debate. It is not about trying to censor anything; it is about respecting the rules. If Conservatives want to change the rules so the Leader of the Opposition can film a video in here while the mace is on the table, they should bring forward a motion to change the rules. We have rules in this House; they need to be respected. We are blatantly seeing support for that coming from the other side.

Like the parliamentary secretary said before me, the Speaker needs to review this matter, report back to the House immediately and take the necessary actions against the Leader of the Opposition regarding this matter.

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

Mr. Speaker, I just think it is interesting that the government, which has been in breach of ethics laws, is raising this point of order. How many ethics laws has the party been in breach of over the last number of years—

[The Deputy Speaker, Conservative, Chris d'Entremont]

I believe we are now delving into debate.

The only thing I can say at this point is that we are not supposed to take pictures or videos while we are in the chamber. However, I am in the chair right now and cannot review that. I know the Chair is looking at it, and maybe the Speaker is looking at it. We will hopefully come back with a response as soon as we possibly can.

Continuing debate, the hon. member for Carlton Trail—Eagle Creek.

The House resumed consideration of Motion No. 2 in relation to the amendments made by the Senate to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, and of the amendment.

Online Streaming Act

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, for all the Liberals' claims, Canadians understand that if this bill passes, the government will regulate what can be seen or posted online and control which videos they will see more or less often on their feeds.

After eight years, the government has lost the trust of Canadians. Transparency and accountability are not its strong suit. It avoids both at every opportunity, whether it is by providing inaccurate testimony in committees, refusing to allow witnesses to appear before a committee to shed light on very serious issues or refusing to answer questions in this place like who stayed in a $6,000-per-night hotel room during the trip to the U.K. for the Queen's funeral.

We can all understand why Canadians are dubious about the Liberals' intentions in introducing this bill. They see it for what it is, which is an unacceptable attempt by the government to target the freedoms of individual Internet users in Canada. This is clearly not a government that will be accountable to Canadians, and it cannot be trusted with the power of regulating user-generated content.

Lastly, Conservatives understand that government censorship of the Internet is something that happens in totalitarian societies, not free ones. That is why we have fought so hard, both in this place and in the other place, to amend Bill C-11 in order to narrow its scope and fully exempt the content Canadians post on social media. However, the Liberal-NDP coalition rejected those amendments.

After eight years, it is time for a government that protects free speech, protects consumer choice and encourages Canadian creators instead of getting in their way. A Conservative government would repeal Bill C-11 and pass legislation requiring large streaming services to invest more of their revenue into producing Canadian content, while protecting the individual rights and freedoms of Canadians.

[Julie Dabrusin, Liberal, Parliamentary Secretary to the Minister of Natural Resources and to the Minister of Environment and Climate Change]

Mr. Speaker, listening to the member opposite, I wonder if she sees any value in Canadians having maybe a button on one of their streaming services or a special carousel dedicated to Canadian shows like Heartland or Corner Gas, which employ many Canadians and tell our great Canadian stories. Is there no value in making sure that when Canadians use these streaming services, we can find them easily?

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, I can already find the things I want to watch quite easily. That is not what this bill is about. Bill C-11 would prevent Canadians from seeing and watching the content they choose. It would instead mean, as I said in my statements, that Ottawa bureaucrats would control what Canadians could see and watch online and through streaming services.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Mr. Speaker, what we have to take away from this debate is that our culture needs a boost, that it needs more discoverability.

If we do not help our culture, we will only see the culture of others on our networks, the culture of our bigger neighbour, which has tons more money to invest in its industry. I would like the Conservatives to understand that and also that the bill has nothing to do with censorship but seeks to present more local content.

The Bloc Québécois has done its homework. We spoke with the cultural sector before studying this bill. Members of this chamber have a responsibility to consult people affected by the bills that we must vote on.

My question is very simple. Did the Conservative members consult Canada's English-speaking cultural sector? The Conservative Party does have 10 members from Quebec. Someone must have spoken to people in the cultural sector in Quebec, who are asking us to pass this bill as quickly as possible.

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, with all due respect, I will take the word of law professors, former CRTC presidents and Canadian content creators themselves when it comes to the impacts this bill will have not only on what Canadians are allowed to see but also what they are allowed to post online. There is a huge difference between giving supports through tax breaks or funding and directly deciding who should be featured as Canadian content and who should be suppressed. On this side of the House, we believe that Canadian creators have proven they are capable of building large international audiences.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, the former CRTC chair is well known for supporting large Internet providers and being against consumers. This is one reason that we have some of the highest prices in the world for our system.

Where I come from, we are a peninsula surrounded by the United States. Therefore, Windsor-Essex and Chatham-Kent counties basically get inundated with U.S. content on a regular basis. If we do not do anything with respect to this right now, it will be Alphabet that controls what we see and do not see.

I wonder if the Conservatives have reached out to the artists in the border communities about their concerns with respect to being shut out by some of the structural positions the United States has taken. These not only limit them from even going into the country but also from sharing their information. Have they reached out to those artists and dealt with the fact that, with so many Canadians living on the border like us, we are being inundated?

If we look at the hearings taking place in the U.S. Senate and Congress, there have been admissions that this is not a red or blue issue. Instead, it is being called the green issue with respect to what Fox and others are showing. This is because it is all about money and not about truth. Have the Conservatives talked to the artists in the regions who are affected by the border?

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, when it comes to this piece of legislation, the bottom line is that the government is about to give itself the authority to control what Canadians watch. Instead of giving Canadians more of what they want, as the member is proposing, YouTube will be instructed to give viewers more of what the government wants for them.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, we are here today in the middle of a debate where the Liberal government has curtailed debate on a censorship bill. It has actually censored debate on its censorship bill.

To put into perspective what is happening here today, people who have reviewed this bill, from all political stripes, all walks of life and all backgrounds in Canada, have said this bill would create in Canada the most authoritarian media-control regime in any western country. This is a fight worth having tooth and nail. Every member of the governing caucus needs to give their head a shake, including members of the NDP as well, who are in coalition on this bill, on the fact that this would censor Canadian content.

In the brief time I have today, because we know the government is shutting down debate on this, I want to make an appeal directly to my colleagues in the NDP and on the backbench of the Liberal government caucus, to really think this through.

First of all, the government's talking point is that this bill is needed to modernize the Broadcasting Act, to bring Canadians into alignment with what is happening today versus 30 years ago, pre-Internet. However, the reality is that this is not about what Canadians want or need; this is about the few elite media broadcasters and content creators who, in the past, have been creating content based on criteria of #MeToo incidents and doing what is best for profit. Frankly, they have been marginalizing racialized voices, women's voices and independent women creators.

That is the history of the elite companies that need this bill to squeeze the dregs of profits out for their shareholders in a last-ditch attempt to prop up a failing business model they did not have the foresight, the wherewithal or the innovation to keep competitive while small, independent creators gradually built up platforms and voices for themselves on new content creation platforms like YouTube or even streaming services. This is not the fault of Canadians, and Canadians should not be subject to government censorship because a few well-connected producers, media companies and whatnot want to have more profit for their shareholders

Again, for parties in this place that purport to stand up for intersectional, racialized and women's voices, in the long run, what anybody voting for this bill in this form is doing is actually taking away those voices. At the end of this day, what this bill would do is give the government the power to select what Canadians see. That is what this bill would do. Morally, that is wrong.

Other colleagues here, even colleagues from the NDP, have asked about large platforms like Alphabet or Meta. This bill would do nothing to improve algorithmic transparency; it would only make it worse. In fact, what it would do is keep censoring those platforms and add another layer of censorship where the government also would get to downgrade what voices are heard.

Imagine if Steven Harper had introduced this bill in the House of Commons and if he had created a government ministry where his appointees got to control what was upgraded or downgraded. There would have been pitchforks and torches in the street. The NDP would have been outraged. There would have been signs across the country. Instead, because we are acquiescing to the Liberals, who have a long history of propping up elitism in this country, elitism in thought and elitism in production, somehow it is okay.

People from all political stripes across the country, with so many disparate political voices, are saying this is wrong. Instead, what our government should be doing is modernizing legacy archaic bills like the Broadcasting Act, to get out of the way of innovative new forms of producing content so we can have more choice and more innovation. Then, those groups, people who have traditionally been without platforms, would not have the sword of Damocles of the government's CRTC regulation looming over them while wondering whether they are going to be successful.

There is no transparency in this bill. The worst part of it is that people would not even know what is being downgraded or upgraded by the federal government. How is that possible in a western democracy, where freedom of speech is supposedly and purportedly the cornerstone of what we do?

I will make it about me for a minute, or any other woman who is in this place. This place has typically repressed female politicians' voices. The Canadian media, for generations, has had a hard time putting women at the forefront. In my time in office, I have been able to use platforms like this to get around the elites, who might not allow me any voice, to be able to talk directly to my constituents. How do I know that I, or any of my female colleagues in this place, am not going to have my content upgraded or downgraded based on whether or not the government and its appointees think what I am saying or what I am advocating for is right?

This bill would benefit only elites. It would prop up a model that no longer works in this country, and I guarantee that the people who would suffer are the people who need these platforms the most.

I cannot believe that the government is curtailing debate on this bill. What it should be doing is listening and working collaboratively with the opposition to come up with amendments on this steaming pile of garbage so the thoughts of Canadians who have vociferously voiced that we cannot have curtailments on the freedom of speech in this country are appeased.

Why would the government not accept an amendment to exempt user-generated content? The only reason it is that it intends to downgrade and hide user-generated content in Canada. That is motive. Why is that not in there? The government has refused it time and time again. If the government really wants to create more freedom of speech, it should be trying to work with these big platforms to have more algorithmic transparency. It is not doing that. It is adding another layer of algorithmic downgrading. The government should be putting amendments in this bill.

Frankly, people are talking about content that has been created in Canada. We put $1.5 billion into the Canadian Broadcasting Company every year. My colleagues from the Bloc were talking about French-language content. Is that money being well spent on French-language content? The CBC has had atrocious human resources issues in the last year. There are all sorts of questions about their conduct and what is happening. Instead of objectively looking at these legacy, elite institutions and how they should be forced to modernize and come up with the change in how Canadians communicate, the government is putting in more elite blockages to what Canadians can see and which Canadians can be heard.

That is not my Canada. We should have more diverse voices. Frankly, how many journalists in the parliamentary press gallery are from western Canada? There is one, maybe. The only way we get heard is through these types of platforms, and now, and I intend no offence, the government does not have the best track record on supporting western Canada. It is telling us the CRTC would get to regulate what content is seen from western Canadian content creators. I say “no”.

This is 100% a violation of every Canadian's right to free speech. I cannot believe that any Liberal backbencher who actually cares about supporting women and marginalized voices would think this is a good idea. This is designed to prop up a legacy model that is going directly into rich shareholders' profits, while small, independent voices would be downgraded.

There is no transparency in what the government is talking about. It is vague. It is a steaming pile of garbage. It has been panned by every political stripe; by experts from academia, law and media; and by content creators themselves. The only people speaking in favour of this are people who have already made it and have benefited, for a very long period of time, from a system that no longer is in line with the times. That is why it is wrong.

That is why the government should not be censoring debate. We should be robustly debating it. This should be amended. It should be scrapped.