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Senate passes Liberals’ controversial online streaming act with a dozen amendments

Senators made amendments intended to protect user-generated content, boost Indigenous, Black content
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Minister of Heritage Pablo Rodriguez responds to a question during a session at the Canadian Media Producers Association Prime Time conference, Thursday, February 2, 2023 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Big tech companies that offer online streaming services could soon be required to contribute to Canadian content as a controversial Liberal bill gets one step closer to becoming law.

The Senate has passed the online streaming act known as Bill C-11 with a dozen amendments following a lengthy study by senators.

The bill would update Canada’s broadcasting rules to reflect online streaming giants such as YouTube, Netflix and Spotify, and require them to contribute to Canadian content and make it accessible to users in Canada — or face steep penalties.

Canadian Heritage Minister Pablo Rodriguez says he hopes the House of Commons will pass the bill next week after it reviews the Senate’s changes.

Senators made amendments intended to protect user-generated content and highlight the promotion of Indigenous languages and Black content creators.

They also included a change that would prohibit CBC from producing sponsored content, and another that would require companies to verify users’ ages before they access sexually-explicit material.

Rodriguez said Thursday that the Liberal government would not accept all of the Senate’s recommendations, but he didn’t say which ones he disagrees with.

“We’ll see when the bill comes back. There are amendments that have zero impact on the bill. And others that do, and those, we will not accept them,” the minister said Thursday during a Canadian Media Producers Association panel.

The Senate also removed a clause in the bill that Sen. Paula Simons described as giving “extraordinary new powers to the government to make political decisions about things.”

Ian Scott, the former chair of Canadian Radio-television and Telecommunications Commission, had told a Senate committee that some provisions in the bill did move the balance point “slightly closer to lessening the independence” of the regulator — though he insisted that it would remain independent.

The CRTC, now under the leadership of Vicky Eatrides, will be tasked with enforcing the bill’s provisions.

The Senate passed the bill on the anniversary of its introduction in the House of Commons.

Between the House of Commons and Senate, there have been approximately 218 witnesses, 43 meetings, 119 briefs and 73 proposed amendments, said Rodriguez.

“It’s the longest bill,” he said.

The proposed law has come under intense scrutiny amid accusations from companies and critics who said it left too much room for government control over user-generated content and social-media algorithms.

Rodriguez said tech giants can get creative with ways they promote Canadian content, such as with billboards, advertising or, if they so choose, tweaks to their algorithms.

The bill has also caught the attention of the United States. Its embassy in Ottawa recently said that it is holding consultations with U.S. companies that it is concerned could face discrimination if the bill passes.

Last week, two U.S. senators called for a trade crackdown on Canada over Bill C-11, saying that the prospective law flouts trade agreements.

“I’m not worried, because we think it complies with trade obligations,” Rodriguez said.

—Mickey Djuric, The Canadian Press

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