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Bill C-11: Why is YouTube mad at Canada?

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A new law that seeks to give Canadian artists a leg up online has left many influencers and tech giants alike seeing red.

They took out subway ads, they posted TikToks, but in the end, the score was Silicon Valley-0, Ottawa-1.

After many twists and turns, and over two-and-a-half years of review, the Canadian government has passed a new law that makes tech giants like YouTube and TikTok support Canadian cultural content.

The law, dubbed Bill C-11, gives the Canadian Radio-television and Telecommunications Commission (CRTC) broad authority to regulate these platforms, much like they already do with radio and television.

The government says it is necessary to stop streaming giants from getting a free ride, and to promote local artists.

Although it’s still unclear what those final regulations will look like, the law has raised the ire of everyone from TikTokers to esteemed author Margaret Atwood.

YouTube took out ads in Toronto’s subway decrying the bill, which they said would take power away from viewers and creators put it in the hands of bureaucrats. Ms Atwood, never shy with her opinion, likened it to Soviet censorship. Some Canadian influencers have even threatened to move to the US.

So what is the new law, and why is it so controversial?

Content culture wars

With a global cultural juggernaut just south of the border, Canadians have long grappled with the issue of how to make sure that home-grown content, like music and television, does not get drowned out by the glitz and glam of its American competition.

Since the 1970s, the CRTC has been in charge of regulating broadcasters, including setting quotas for the minimum amount of Canadian content a radio or television station must play, and requiring broadcasters to spend at least 30% of their revenue producing Canadian content.

Dubbed “CanCon,” the complex system has helped boost some of the country’s biggest cultural exports, including musicians Celine Dion and Drake and sketch comedy show Kids in the Hall.

But by the 21st Century, Canadians were letting the algorithms on Spotify, YouTube and TikTok do their dial-spinning for them. These Silicon Valley imports did not have to abide by the same Canadian content rules, a loophole the government says Bill C-11 now closes.

“Online streaming has changed how we create, discover, and consume our culture, and it’s time we updated our system to reflect that,” the government said in a release.

Changing up the algorithm

From the get-go, the law has been heavily opposed by big tech platforms, like YouTube and TikTok, who lobbied the government extensively.

In a statement to the BBC, YouTube said it was “disappointed” with the legislation but “will continue to support our creators and users through the next steps in this process”.

At issue with Bill C-11 is a clause that would require streamers, including social networks like YouTube and TikTok, to “clearly promote and recommend Canadian programming, in both official languages as well as in Indigenous languages”.

Experts say it could create a system where Canadian YouTubers have to prove they are Canadian-enough to get seen.

Such a system already exists for musicians. Called the “MAPL” system, it assigns points to a song based on the nationality of its singer, producer, lyricist and other factors. The ins and outs of who is Canadian enough annoyed famous Canadian singer Bryan Adams so much that in 1992 he lamented: “You’d never hear Elton John being declared un-British.”

The advent of algorithms have only made the issue thornier. Every time users watch, like, listen or share something, that tells the algorithm more about what they like. The more people like something, the bigger an audience it gets.

 

Singer Bryan Adams in 1992

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But in order to promote Canadian content, platforms would have to change the algorithms.

On the surface, that sounds like it should give Canadian influencers a leg up. But some say they are afraid they will get tangled up in bureaucratic red tape, and that changes to the algorithm could hurt, rather than help.

“If they put [content] artificially in front of people who don’t want it… that will send it to the abyss,” says Scott Benzie, executive director of Digital First Canada, an organisation that represents Canadian content creators and has opposed the bill, and has received funding from YouTube.

The problem lies, he said, with what happens when content is recommended to someone based on location, not interest.

Nathan Kennedy, a TikToker who usually posts about investment advice to his 520,000 followers, has become one of the many influencers to speak out against the bill.

“I understand the premise of trying to sort of protect Canadian culture, I just think the way they’re sort of approaching it is a little bit more based on traditional media,” he said.

“It’s kind of like fitting a square into a circle peg.”

Where to draw the line

One of the biggest concerns about the law is how broad its scope was. The government rejected amendments aimed at exempting individual user content from regulation.

As for now, no one knows what those regulations look like – they will be decided in the months ahead, after the CRTC holds public consultations on how the law should be implemented.

Some, including the Conservative opposition, have accused the bill of legalising censorship.

Michael Geist, a legal scholar of the internet and privacy and noted critic of the bill, says the issue is not that it stops people from speaking their mind, but that it puts the government in charge of deciding who gets to hear those thoughts.

He said the law leaves the door wide open for CRTC overreach.

“The commission can come up with whatever regulations it wants,” he told the BBC.

Others have praised it, including the Writers Guild of Canada, which represents screenwriters, for making streamers invest in Canadian productions.

“The time has long since come for the major streaming services that benefit from the Canadian market to contribute back to it,” said Neal McDougall, WGC Assistant Executive Director, in a statement.

A world without borders – for now

Canada is not the only country contemplating regulating online content.

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Australia has unveiled a new cultural policy, expected to be introduced in May, that would include quotas for local content on streaming platforms. The UK has also considered regulations for streaming services that would protect “distinctly British” content.

Morghan Fortier, who produces videos aimed at preschool-aged children on YouTube, says she’s worried that if Canada sets the bar by prioritising home-grown content, then other countries will follow suit, which will mean smaller audiences overall.

C-11 was not the only bill the government introduced to try and regulate the internet.

Bill C-18, which is currently before the Senate, would make tech companies like Google compensate Canadian news organisations whose content appears on their platforms. The law would be similar to one passed in Australia in 2021.

The government says the law is necessary, and accuses tech giants of profiting off of news while the organisations themselves lose ad revenue. But Silicon Valley has firmly opposed the move, with Google even going so far as temporarily blocking news content from 4% Canadian users in protest.

 

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RCMP end latest N.B. search regarding teenage girl who went missing in 2021

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BATHURST, N.B. – RCMP in New Brunswick say a weekend ground search for evidence related to the disappearance of a teenage girl in 2021 didn’t reveal any new information.

In an emailed statement, the RCMP said 20 people participated in the search for evidence in the case of Madison Roy-Boudreau of Bathurst.

The release said the search occurred in the Middle River area, just south of the girl’s hometown.

Police have said the 14-year-old’s disappearance is being treated as a homicide investigation.

The RCMP said the search “did not reveal any new information regarding the circumstances of her disappearance.”

There are no plans for another search until police receive a tip or a lead pointing to a new search area.

This report by The Canadian Press was first published Oct. 21, 2024.

The Canadian Press. All rights reserved.

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Man Tasered after trespassing in Victoria school, forcing lockdown

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VICTORIA – A middle school in Victoria was forced into a lockdown after a man entered the building without permission, and police say they had to use a stun gun to make an arrest.

Victoria police say officers received multiple calls around noon on Monday of an unknown male entering Central Middle School, leading staff to set off emergency procedures that put the building under lockdown.

Police say its emergency response team arrived within minutes and found the suspect, who “appeared to be in a drug-induced state,” in the school’s library.

A statement from police says the suspect resisted arrest, and officers had to use a Taser to subdue the man.

He’s being held by police and has been assessed by emergency medical staff.

Police say the man was not armed and there were no continuing safety concerns for students and staff following the arrest.

This report by The Canadian Press was first published Oct. 21, 2024.

The Canadian Press. All rights reserved.

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B.C. Greens’ ex- leader Weaver thinks minority deal with NDP less likely than in 2017

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VANCOUVER – Former B.C. Green leader Andrew Weaver knows what it’s like to form a minority government with the NDP, but says such a deal to create the province’s next administration is less likely this time than seven years ago.

Weaver struck a power-sharing agreement that resulted in John Horgan’s NDP minority government in 2017, but said in an interview Monday there is now more animosity between the two parties.

Neither the NDP nor the B.C. Conservatives secured a majority in Saturday’s election, raising the prospect of a minority NDP government if Leader David Eby can get the support of two Green legislators.

Manual recounts in two ridings could also play an important role in the outcome, which will not be known for about a week.

Weaver, who is no longer a member of the Greens, endorsed a Conservative candidate in his home riding.

He said Eby would be in a better position to negotiate if Furstenau, who lost her seat, stepped aside as party leader.

“I think Mr. Eby would be able to have fresh discussions with fresh new faces around the table, (after) four years of political sniping … between Sonia and the NDP in the B.C. legislature,” he said.

He said Furstenau’s loss put the two elected Greens in an awkward position because parties “need the leader in the legislature.”

Furstenau could resign as leader or one of the elected Greens could step down and let her run in a byelection in their riding, he said.

“They need to resolve that issue sooner rather than later,” he said.

The Green victories went to Rob Botterell in Saanich North and the Islands and Jeremy Valeriote in West Vancouver-Sea to Sky.

Neither Botterell nor Valeriote have held seats in the legislature before, Weaver noted.

“It’s not like in 2017 when, you know, I had been in the (legislature) for four years already,” Weaver said, adding that “the learning curve is steep.”

Sanjay Jeram, chair of undergraduate studies in political science at Simon Fraser University, said he doesn’t think it’ll be an “easygoing relationship between (the NDP and Greens) this time around.”

“I don’t know if Eby and Furstenau have the same relationship — or the potential to have the same relationship — as Horgan and Weaver did,” he said. “I think their demands will be a little more strict and it’ll be a little more of a cold alliance than it was in 2017 if they do form an alliance.”

Horgan and Weaver shook hands on a confidence-and-supply agreement before attending a rugby match, where they were spotted sitting together before the deal became public knowledge.

Eby said in his election-night speech that he had already reached out to Furstenau and suggested common “progressive values” between their parties.

Furstenau said in her concession speech that her party was poised to play a “pivotal role” in the legislature.

Botterell said in an election-night interview that he was “totally supportive of Sonia” and he would “do everything I can to support her and the path forward that she chooses to take because that’s her decision.”

The Green Party of Canada issued a news release Monday, congratulating the candidates on their victories, noting Valeriote’s win is the first time that a Green MLA has been elected outside of Vancouver Island.

“Now, like all British Columbians we await the final seat count to know which party will have the best chance to form government. Let’s hope that the Green caucus has a pivotal role,” the release said, echoing Furstenau’s turn of phrase.

The final results of the election won’t be known until at least next week.

Elections BC says manual recounts will be held on Oct. 26 to 28 in two ridings where NDP candidates led B.C. Conservatives by fewer than 100 votes after the initial count ended on Sunday.

The outcomes in Surrey City Centre and Juan de Fuca-Malahat could determine who forms government.

The election’s initial results have the NDP elected or leading in 46 ridings, and the B.C. Conservatives in 45, both short of the 47 majority mark in B.C.’s 93-seat legislature.

If the Conservatives win both of the recount ridings and win all other ridings where they lead, Rustad will win with a one-seat majority.

If the NDP holds onto at least one of the ridings where there are recounts, wins the other races it leads, and strikes a deal with the Greens, they would have enough numbers to form a minority government.

But another election could also be on the cards, since the winner will have to nominate a Speaker, reducing the government’s numbers in the legislature by one vote.

Elections BC says it will also be counting about 49,000 absentee and mail-in ballots from Oct. 26 to 28.

The NDP went into the election with 55 ridings, representing a comfortable majority in what was then an 87-seat legislature.

Jeram, with Simon Fraser University, said though the counts aren’t finalized, the Conservatives were the big winners in the election.

“They weren’t really a not much of a formal party until not that long ago, and to go from two per cent of the vote to winning 45 or more seats in the B.C. provincial election is just incredible,” he said in an interview Monday.

Jeram said people had expected Eby to call an election after he took over from John Horgan in 2022, and if he had, he doesn’t think there would have been the same result.

He said the B.C. Conservative’s popularity grew as a result of the decision of the BC Liberals to rebrand as BC United and later drop out.

“Had Eby called an election before that really shook out, and maybe especially before (Pierre) Poilievre, kind of really had the wind in his sails and started to grow, I think he could have won the majority for sure.”

He said he wasn’t surprised by the results of the election, saying polls were fairly accurate.

“Ultimately, it really was a result that we saw coming for a while, since the moment that BC United withdrew and put their support behind the conservatives, I think this was the outcome that was expected.”

— With files from Darryl Greer

This report by The Canadian Press was first published Oct. 21, 2024.



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