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CRTC chair says online streaming bill won鈥檛 police user-generated content, algorithms

Bill creates policy framework that would apply to giants such as YouTube, TikTok and Spotify
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CRTC Chair Ian Scott waits to appear before the Heritage Committee on Parliament Hill, in Ottawa, Friday, Oct. 21, 2022. The chair of Canada鈥檚 broadcasting regulator says a controversial online streaming bill will not result in the policing of user-generated content or the mandating of specific algorithms on platforms. THE CANADIAN PRESS/Adrian Wyld

The chair of Canada鈥檚 broadcasting regulator says a controversial online streaming bill will not result in the policing of user-generated content or the mandating of specific algorithms on platforms.

Ian Scott told the Senate committee studying the bill on Wednesday that his previous comments about the federal Liberals鈥 controversial online streaming legislation, Bill C-11, were 鈥渢aken out of context.鈥

The bill is an attempt to bring Canada鈥檚 broadcasting rules into the 21st century by creating a policy framework that would apply for the first time to giants such as YouTube, TikTok and Spotify.

Scott had previously suggested at a meeting of the same committee that the CRTC could require platforms to 鈥渕anipulate鈥 their algorithms to produce certain results 鈥 a statement that all three companies raised as a serious concern in their own parliamentary testimony.

鈥淯nfortunately, my previous remarks have been taken out of context by some witnesses that have appeared before you,鈥 Scott told senators.

鈥淭he CRTC鈥檚 objective is to ensure that Canadians are made aware of Canadian content and that they can find it. It is not about manipulating algorithms,鈥 he said. 鈥淲hat the bill will not do is allow the CRTC to mandate the use of specific algorithms or source code to achieve the objective of promotion and discoverability. And we have no issue with that limitation.鈥

Scott added that any regulatory obligations put on online platforms would be subject to public consultations first. That would include the definition of 鈥淐anadian content,鈥 which he said should evolve over time.

Asked whether the bill鈥檚 Canadian content rules mean that the regulator will be looking to push the content on Canadian users, he said: 鈥淭he CRTC is not, has not, and will not be trying to direct what consumers watch.鈥

He said it鈥檚 not about making Canadians eat 鈥 it鈥檚 about making sure that there are Canadian dishes in front of them.

Scott acknowledged during a question-and-answer period with senators that a platform could choose to change its algorithm as one way to meet their new obligations.

But he said there are other ways to achieve the legislation鈥檚 goals, and these could include internal or external ad campaigns, curated lists or promotional reels, he said.

Amid concerns that the bill leaves room for the CRTC to regulate user-generated content, Scott said there is no intention to do so.

鈥淭he CRTC is not being given the power to regulate individual users in relation to the content they create,鈥 he said. 鈥淎nd I wish to assure you and Canadians more broadly that the CRTC has no intention of regulating individual TikTokers, YouTubers or other digital content creators.鈥

But some senators pushed back, saying that a lack of clarity in the bill could leave room for future CRTC officials to interpret the act differently. As the bill is written, there is no explicit prohibition on the regulation of such content.

Scott repeated that the CRTC is 鈥渘ot interested鈥 in conducting such regulation and 鈥渋t makes no sense,鈥 even if there is jurisdiction.

As senators suggested various amendments to the bill that would address concerns, Scott made it clear that he was 鈥渘ot trying to defend the legislation.鈥

鈥淭hat鈥檚 the job of the minister and the department,鈥 he said. 鈥淚t is for you as lawmakers to decide on the ultimate content, not me.鈥

Asked whether it鈥檚 important for legislation to be clear so that the affected stakeholder community has clarity, Scott answered: 鈥淵es.鈥

Several senators asked about a provision in the bill that some critics are concerned would give the government extraordinary new powers to influence how the bill is applied.

Scott insisted that the CRTC is independent and he doesn鈥檛 think that the government discretion would apply to its individual rulings. 鈥淭here is a very bright line. I have never and I will never discuss a matter in front of us with a minister or anyone else,鈥 he said.





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