By Christopher Guly
OTTAWA – Bill C-10 and other forthcoming federal government legislation was top of mind for Canadian Heritage Minister Steven Guilbeault on Monday when he participated in a question-and-answer session at the Canadian Media Producers Association’s (CMPA’s) first virtual Prime Time conference.
He explained that in promoting diversity under C-10, which received first reading in the House of Commons last November and would amend the Broadcasting Act, the government will among other things, in a policy directive to the CRTC, ask the regulatory body to “incentivize the role of racialized minorities and Indigenous people in key creative positions” within the industry.
CMPA president and CEO Reynolds Mastin asked Guilbeault during the 50-minute Zoom interview along with Hélène Messier, president of the Association québécoise de la production médiatique, whether the government would include in its policy directive “a focus on ensuring that Canadian intellectual property stays in Canada.”
The minister said in addition to the financial-contribution requirement streaming services will face if C-10 becomes law, the CRTC will be asked to encourage the retention of Canadian IP in the country.
Mastin asked Guilbeault whether the proposed bill’s call for the CRTC to consider Indigenous languages in programming could be altered to reflect the Commission’s stalled review of Indigenous broadcasting.
“Obviously, the legislator can’t tell the Regulator how to conduct its business,” the minister replied. “But once the bill is passed, the CRTC might need to adjust some of the things that are on the verge of happening in light of the legislation.”
“When it comes to these kind of changes, I’m not a patient person,” he added.
C-10 is but one of three legislative tools the government will be using to manage the web giants. Guilbeault said in the coming weeks, he plans to table a bill to address online harm – a subject he said would be discussed on Tuesday during a call with his counterparts from Australia, Germany, France and Finland, a group the minister added, could be expanded by five or 10.
Third on the list is legislation that will focus on the use of Canadian news on social media, with an eye to regulating such major platforms as Facebook and Google.
“So far, the approach by governments around the world has largely been to allow them to self-regulate on cultural issues, online harm and dealing with media – [and] self-regulation doesn’t work.” – Minister Steven Guilbeault
“So far, the approach by governments around the world has largely been to allow them to self-regulate on cultural issues, online harm and dealing with media – [and] self-regulation doesn’t work,” Guilbeault said.
Kevin Chan, head of public policy at Facebook Canada, told members of the House of Commons Standing Committee on Canadian Heritage on January 29 that his company supports regulations that “could set baseline standards for what kind of content is prohibited online” and that would “require social media companies to build systems to enforce these standards.”
“The status quo of having private companies decide what is and isn’t acceptable speech online is not sustainable longer term and lacks transparency and accountability,” he said. Chan also acknowledged that a dialogue between publishers of content and platforms that post it “is a very good one” – a conversation underway Down Under.
Last month in Australia, Google threatened to remove its search engine over a proposed federal law that would require it and Facebook to compensate Australian broadcasters and publishers for posting content in search results or news feeds.
However on Friday, Google appeared to have acquiesced, when it launched its News Showcase platform in Australia, featuring content it paid for from seven Australian media companies.
Guilbeault said Canada supports Australia’s efforts to impose a pay-for-republish policy on the two tech giants, and believes that a “critical mass” of likeminded countries would make it difficult for companies like Google to circumvent digital copyright issues.
He added the government is also committed to amending the Copyright Act to have “a modern framework that is adapted to the digital world with the goal of maximizing the value to rights-holders,” some of which, he noted, is included in the measures under C-10.
The pandemic reality of Guilbeault appearing virtually on screen rather than physically on an Ottawa stage also afforded Mastin an opportunity to highlight how well the film and television industry has embraced Covid-related health-and-safety protocols.
“We pivoted incredibly quickly, and adapted to the situation on the ground – and got people back to work in a way that has been safe and a role model for how to keep working during a pandemic,” he said, noting the federal government’s sizable support through emergency funding and an insurance program.
The government relief is set to expire at the end of next month, and the CMPA has been lobbying for an extension – and the minister agreed with the need for one.
Guilbeault appreciated the sector’s success over the past year, highlighting data from Ontario and British Columbia that showed Covid-infection rates on production sets are “roughly 100-times below” the provinces’ averages.
Such lower rates, he explained, make it easier for him to approach his cabinet colleagues for more money flowing to filmmakers and broadcasters.
“I’m confident that in the very near future I will have some good news for you,” Guilbeault said.
