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Online streaming Bill C-11 passes Parliament

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After years of political pushback and considerable parliamentary scrutiny, the federal Liberal government’s Online Streaming Act known as Bill C-11 passed the Senate and has become law.

Thursday evening, Bill C-11 cleared its final legislative hurdle in the Senate, seeing senators agree to bill sponsor Canadian Heritage Minister Pablo Rodriguez’s take-some-and-leave-some approach to amendments made by the upper chamber.

This clears the path for the contentious bill, focused on substantively reforming the Broadcasting Act for the first time since 1991 to take into consideration online content, to come into effect.

Senators voting 52 to 16 on a motion informing the House of Commons that the Senate agreed with the version of Bill C-11 the majority of MPs passed last month, made passing the bill possible. The House was then informed of the Senate’s decision, and royal assent was granted by 6:55 p.m. ET.

Bill C-11 is aimed at ensuring increasingly popular and profitable social media platforms and streaming services such as Netflix, Crave, Spotify, Amazon Prime Video, Disney+ and YouTube are subjected to Canadian content requirements and regulations comparable to traditional broadcasters. The policy change comes with a requirement for these platforms to spend millions investing in Canadian content and creators.

While the NDP and Bloc Quebecois, as well as many in the “CanCon” music, film, and television industries, have backed Bill C-11, alarms have been sounded by critics that the Liberal proposal could have knock-on effects for content creators and what everyday users see online, due to provisions that would require platforms to promote Canadian content.

In their efforts to lobby against this bill, some of the tech companies have gone to great lengths, such as YouTube, which ran an online campaign warning users who earn money from making videos about how the legislation could impact their livelihoods. The Conservatives, arguing that the legislation will have the impact of censoring what Canadians see online, led the charge against Bill C-11 inside Parliament.

As a result of this divide, this piece of legislation has been under the parliamentary microscope in both the House and Senate for more than a year, following a failed attempt prior to the last election.

Between the more than 100 amendments contemplated by the House of Commons, and the longest study ever conducted by a Senate committee, the minister responsible for Bill C-11 has repeatedly emphasized the important contributions of parliamentarians to the final wording of the legislation, while asserting that the time had come to “move on.”

“Today, we are standing up for our stories, our artists, our producers and our creators. We’re standing up so that Canadians have even more opportunities to see themselves in what they watch and listen to,” said Rodriguez, reacting to the bill’s passage in a statement.

“With this legislation, we are ensuring that Canada’s incredible talent has a bigger and brighter stage online. They tell our stories, they make our voices heard, they contribute to our economy, and they make our culture what it is: strong, diverse and unique,” the minister said.

Over the last two weeks, the Senate has been mired in a largely procedural battle over whether to assert itself and insist on the substantive amendments made by the upper chamber that were rejected by the majority of MPs.

Attempts to have the Senate stand its ground on certain amendments were unsuccessful, seeing the majority of senators vote against related motions on Wednesday evening. Though, the passed motion was amended to note the Liberals gave a “public assurance” that Bill C-11 “will not apply to user-generated digital content.”

A key sticking point raised in the numerous hours of debate recently held was the Senate’s attempt to instill further protections for individual content creators in Bill C-11.

The government asserted that the existing safeguards in the bill were sufficient and rejected this amendment on the basis that it would impact the government’s ability to “publicly consult on, and issue, a policy direction to the CRTC to appropriately scope the regulation of social media services.”

While the Conservatives have pledged to repeal Bill C-11 should they form government, for now, seeing the Online Streaming Act become law is a long-awaited political victory for the Liberals.

Complicating the back and forth between those who think Bill C-11’s critics were doing the bidding of big tech, and those who fear the legislation’s free speech implications, is that a lot is being left to the Canadian Radio-television and Telecommunications Commission (CRTC) as the regulatory body to determine how the new rules will be enforced.

Now that Bill C-11 has passed, that regulatory work can begin.

The next step will be for the CRTC to get to work on drafting the policy framework for how the broadcasting and communications regulator will implement the new powers Bill C-11 grants, informed by a federal policy directive as well as public consultations.

The draft federal policy direction will be published in the Canada Gazette, for the public, artists, digital creators, and businesses to read and provide feedback on. The draft will then be updated and re-published, taking into consideration what the government hears. The CRTC will also give notice about its consultation plans, regarding how it intends to enforce Bill C-11. This will include multiple public proceedings.

It is expected that the consultations will be where stakeholders with outstanding concerns about the bill turn next. Marking Bill C-11’s passage, internet advocacy organization OpenMedia accused the Senate of backing down and letting a version of the bill become law that is “largely unchanged” from the initial version tabled in Parliament in February 2022.

“Make no mistake: the fight isn’t over yet. While legal protection of our content was the best option, Heritage Minister Rodriguez can still issue a clear policy direction to the CRTC that tells them our user content should not be regulated in practice, and our choices must be respected. That’s where the fight will go next,” said OpenMedia campaigns director Matt Hatfield.

In an email to CTV News, TikTok spokesperson Danielle Morgan said that they plan to keep fighting for the interests of Canadian digital-first creators to be able to “create content for global audiences without being subject to gatekeepers or encumbered by regulatory red tape.”

Remarking on the passage of Bill C-11, pro-Canadian broadcasting organization FRIENDS called it “one of the most epic Canadian stories ever told.”

“While we wholeheartedly applaud the House and the Senate for the leading roles they have played in this suspense-filled drama, there is still work to be done before the credits roll on Bill C-11,” said FRIENDS executive director Marla Boltman in a statement, indicating plans to push the CRTC to make sure the standards are equal for Canadian broadcasters and streaming giants’ Canadian content requirements, or decades of “carefully crafted cultural policy” meant to protect Canadian talent could be undermined.

Also flagging concerns about the legislation as drafted leading to a two-tier system, the Canadian Media Producers Association said that it still welcomes the bill and expressed gratitude for Rodriguez’ “heroic efforts” in securing its passage.

“We are on the precipice of a pivotal moment in Canadian broadcasting history. It took 30 years before the Broadcasting Act was updated. Since we don’t know when this opportunity will present itself again, it’s important that we get it right,” said the CMPA’s president and CEO Reynolds Mastin in a statement.

It remains to be seen what the timeline will be for Bill C-11’s policy changes to come into effect.

 

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Netflix’s subscriber growth slows as gains from password-sharing crackdown subside

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Netflix on Thursday reported that its subscriber growth slowed dramatically during the summer, a sign the huge gains from the video-streaming service’s crackdown on freeloading viewers is tapering off.

The 5.1 million subscribers that Netflix added during the July-September period represented a 42% decline from the total gained during the same time last year. Even so, the company’s revenue and profit rose at a faster pace than analysts had projected, according to FactSet Research.

Netflix ended September with 282.7 million worldwide subscribers — far more than any other streaming service.

The Los Gatos, California, company earned $2.36 billion, or $5.40 per share, a 41% increase from the same time last year. Revenue climbed 15% from a year ago to $9.82 billion. Netflix management predicted the company’s revenue will rise at the same 15% year-over-year pace during the October-December period, slightly than better than analysts have been expecting.

The strong financial performance in the past quarter coupled with the upbeat forecast eclipsed any worries about slowing subscriber growth. Netflix’s stock price surged nearly 4% in extended trading after the numbers came out, building upon a more than 40% increase in the company’s shares so far this year.

The past quarter’s subscriber gains were the lowest posted in any three-month period since the beginning of last year. That drop-off indicates Netflix is shifting to a new phase after reaping the benefits from a ban on the once-rampant practice of sharing account passwords that enabled an estimated 100 million people watch its popular service without paying for it.

The crackdown, triggered by a rare loss of subscribers coming out of the pandemic in 2022, helped Netflix add 57 million subscribers from June 2022 through this June — an average of more than 7 million per quarter, while many of its industry rivals have been struggling as households curbed their discretionary spending.

Netflix’s gains also were propelled by a low-priced version of its service that included commercials for the first time in its history. The company still is only getting a small fraction of its revenue from the 2-year-old advertising push, but Netflix is intensifying its focus on that segment of its business to help boost its profits.

In a letter to shareholder, Netflix reiterated previous cautionary notes about its expansion into advertising, though the low-priced option including commercials has become its fastest growing segment.

“We have much more work to do improving our offering for advertisers, which will be a priority over the next few years,” Netflix management wrote in the letter.

As part of its evolution, Netflix has been increasingly supplementing its lineup of scripted TV series and movies with live programming, such as a Labor Day spectacle featuring renowned glutton Joey Chestnut setting a world record for gorging on hot dogs in a showdown with his longtime nemesis Takeru Kobayashi.

Netflix will be trying to attract more viewer during the current quarter with a Nov. 15 fight pitting former heavyweight champion Mike Tyson against Jake Paul, a YouTube sensation turned boxer, and two National Football League games on Christmas Day.

The Canadian Press. All rights reserved.



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Promise tracker: What the Saskatchewan Party and NDP pledge to do if they win Oct. 28

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REGINA – Saskatchewan’s provincial election is on Oct. 28. Here’s a look at some of the campaign promises made by the two major parties:

Saskatchewan Party

— Continue withholding federal carbon levy payments to Ottawa on natural gas until the end of 2025.

— Reduce personal income tax rates over four years; a family of four would save $3,400.

— Double the Active Families Benefit to $300 per child per year and the benefit for children with disabilities to $400 a year.

— Direct all school divisions to ban “biological boys” from girls’ change rooms in schools.

— Increase the First-Time Homebuyers Tax Credit to $15,000 from $10,000.

— Reintroduce the Home Renovation Tax Credit, allowing homeowners to claim up to $4,000 in renovation costs on their income taxes; seniors could claim up to $5,000.

— Extend coverage for insulin pumps and diabetes supplies to seniors and young adults

— Provide a 50 per cent refundable tax credit — up to $10,000 — to help cover the cost of a first fertility treatment.

— Hire 100 new municipal officers and 70 more officers with the Saskatchewan Marshals Service.

— Amend legislation to provide police with more authority to address intoxication, vandalism and disturbances on public property.

— Platform cost of $1.2 billion, with deficits in the first three years and a small surplus in 2027.

NDP

— Pause the 15-cent-a-litre gas tax for six months, saving an average family about $350.

— Remove the provincial sales tax from children’s clothes and ready-to-eat grocery items like rotisserie chickens and granola bars.

— Pass legislation to limit how often and how much landlords can raise rent.

— Repeal the law that requires parental consent when children under 16 want to change their names or pronouns at school.

— Launch a provincewide school nutrition program.

— Build more schools and reduce classroom sizes.

— Hire 800 front-line health-care workers in areas most in need.

— Launch an accountability commission to investigate cost overruns for government projects.

— Scrap the marshals service.

— Hire 100 Mounties and expand detox services.

— Platform cost of $3.5 billion, with small deficits in the first three years and a small surplus in the fourth year.

This report by The Canadian Press was first published Oct .17, 2024.

The Canadian Press. All rights reserved.



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Bad weather forecast for B.C. election day as record numbers vote in advance polls

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VANCOUVER – More than a million British Columbians have already cast their provincial election ballots, smashing the advance voting record ahead of what weather forecasters say will be a rain-drenched election day in much of B.C., with snow also predicted for the north.

Elections BC said Thursday that 1,001,331 people had cast ballots in six days of advance voting, easily breaking a record set during the pandemic election four years ago.

More than 28 per cent of all registered electors have voted, potentially putting the province on track for a big final turnout on Saturday.

“It reflects what I believe, which is this election is critically important for the future of our province,” New Democrat Leader David Eby said Thursday at a news conference in Vancouver. “I understand why British Columbians are out in numbers. We haven’t seen questions like this on the ballot in a generation.”

He said voters are faced with the choice of supporting his party’s plans to improve affordability, public health care and education, while the B.C. Conservatives, led by John Rustad, are proposing to cut services and are fielding candidates who support conspiracy theories about the COVID-19 pandemic and espouse racist views.

Rustad held no public availabilities on Thursday.

Elections BC said the record advance vote tally includes about 223,000 people who voted on the final day of advance voting Wednesday, the last day of advance polls, shattering the one-day record set on Tuesday by more than 40,000 votes.

The previous record for advance voting in a B.C. election was set in 2020 amid the COVID-19 pandemic, when about 670,000 people voted early, representing about 19 per cent of registered voters.

Some ridings have now seen turnout of more than 35 per cent, including in NDP Leader David Eby’s Vancouver-Point Grey riding where 36.5 per cent of all electors have voted.

There has also been big turnout in some Vancouver Island ridings, including Oak Bay-Gordon Head, where 39 per cent of electors have voted, and Victoria-Beacon Hill, where Green Party Leader Sonia Furstenau is running, with 37.2 per cent.

Advance voter turnout in Rustad’s riding of Nechako Lakes was 30.5 per cent.

Total turnout in 2020 was 54 per cent, down from about 61 per cent in 2017.

Stewart Prest, a political science lecturer at the University of British Columbia, said many factors are at play in the advance voter turnout.

“If you have an early option, if you have an option where there are fewer crowds, fewer lineups that you have to deal with, then that’s going to be a much more desirable option,” said Prest.

“So, having the possibility of voting across multiple advanced voting days is something that more people are looking to as a way to avoid last-minute lineups or heavy weather.”

Voters along the south coast of British Columbia who have not cast their ballots yet will have to contend with heavy rain and high winds from an incoming atmospheric river weather system on election day.

Environment Canada said the weather system will bring prolonged heavy rain to Metro Vancouver, the Sunshine Coast, Fraser Valley, Howe Sound, Whistler and Vancouver Island starting Friday.

Eby said the forecast of an atmospheric weather storm on election day will become a “ballot question” for some voters who are concerned about the approaches the parties have towards addressing climate change.

But he said he is confident people will not let the storm deter them from voting.

“I know British Columbians are tough and they’re not going to let even an atmospheric river stop them from voting,” said Eby.

In northern B.C., heavy snow is in the forecast starting Friday and through to Saturday for areas along the Yukon boundary.

Elections BC said it will focus on ensuring it is prepared for bad weather, said Andrew Watson, senior director of communications.

“We’ve also been working with BC Hydro to make sure that they’re aware of all of our voting place locations so that they can respond quickly if there are any power outages,” he said.

Elections BC also has paper backups for all of its systems in case there is a power outage, forcing them to go through manual procedures, Watson said.

Prest said the dramatic downfall of the Official Opposition BC United Party just before the start of the campaign and voter frustration could also be contributing to the record size of the advance vote.

It’s too early to say if the province is experiencing a “renewed enthusiasm for voting,” he said.

“As a political scientist, I think it would be a good thing to see, but I’m not ready to conclude that’s what we are seeing just yet,” he said, adding, “this is one of the storylines to watch come Saturday.”

Overall turnout in B.C. elections has generally been dwindling compared with the 71.5 per cent turnout for the 1996 vote.

Adam Olsen, Green Party campaign chair, said the advance voting turnout indicates people are much more engaged in the campaign than they were in the weeks leading up to the start of the campaign in September.

“All we know so far is that people are excited to go out and vote early,” he said. “The real question will be does that voter turnout stay up throughout election night?”

This report by The Canadian Press was first published Oct. 17, 2024.

Note to readers: This is a corrected story. An earlier version said more than 180,000 voters cast their votes on Wednesday.



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