Canada's Online Streaming Act (Bill C-11)

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Today we're diving into Canada's Online Streaming Act (Bill C-11) – but don't let the policy name scare you away! Join us for a fascinating exploration of how streaming, culture, and creativity collide in the digital age. We'll break down the hopes, fears, and unintended consequences of trying to protect Canadian content in a Netflix world. Whether you're a creator, a streaming fan, or just curious about where the internet is headed, this episode unpacks what happens when traditional broadcasting rules meet modern streaming reality. Grab your favorite beverage, get comfortable, and let's explore how a single piece of legislation might reshape how we discover and enjoy content online.

Time to go deep! 🎬 🍁 💻

How the Online Streaming Act Misdiagnosed Canada’s Broadcasting Woes https://www.michaelgeist.ca/2024/11/how-the-online-streaming-act-misdiagnosed-canadas-broadcasting-woes/

Transcript

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Hey there fellow deep divers, ready to go deep. Always. Today we're going to tackle Canadian media policy, specifically the Online Streaming Act. You might know it as Bill C-11. Oh yeah, that's a big one. We're dissecting Michael Geist's essay "Deep Dive" how the Online Streaming Act misdiagnosed Canada's broadcasting woes. Should be interesting. This is about way more than just boring policy stuff though. Definitely. This affects the future of Canadian culture, the streaming services we all use, even our wallets. Absolutely. It touches on everything from how Canadian content is discovered online to, you know, whether your favorite streaming service might just peace out of Canada. Seriously. Yeah, it's a possibility. Wild. Okay, so let's unpack Geist's main argument. He basically says the Canadian government totally missed the mark when they tried to fix problems in Canadian media. Right. Geist argues that they were too focused on the declining revenues of traditional broadcasters. Like cable and that kind of thing. Exactly. And they didn't really recognize the good things that came with the digital shift. More competition. Yeah, more online platforms, more opportunities for creators. It's a whole new world. It's true. It does feel like they were kind of stuck in the past, clinging to an old model. Instead of embracing the new reality of how we actually consume content these days. Exactly. Like they just wanted to force the old way onto the new way. And that's what led to Bill C-11, which Geist thinks is basically just propping up a system that's on its way out. So the government saw online streaming as a way to like recoup those losses from traditional broadcasting. Yeah. And they also wanted to force platforms to promote Canadian content, even if it messed with algorithms or overwhelmed viewers with stuff they didn't ask for. Right. Like who wants to be bombarded with content they're not into? Nobody. But Geist is saying this was based on like a flawed understanding of the situation. So what's he saying is the real problem then? Well, he says if parts of the Canadian cultural sector were struggling, it wasn't always because of a lack of money. OK, so what then? More likely, it was increased competition and the fact that people's choices were changing. The whole landscape was evolving. Instead of adapting, they just doubled down on what they knew. It's like trying to fit a square peg in a round hole. So that brings us to the fallout of Bill C-11. This is where things get really interesting. Scope creep is one of the biggest issues. Scope creep. What's that mean exactly? So at first, Bill C-11 was aimed at big streaming services like Netflix and Disney Plus. Right. The big players. But as the bill changed, it started to include user generated content. And that's when things got messy. You mean like YouTube videos, TikTok dances, that kind of thing? Exactly. So the average person uploading a video could be under the same rules as these huge companies. That was the worry. And it led to a ton of backlash. Creators were worried about censorship, about losing their creative freedom. Right. Because that's a slippery slope. And then there's the whole question of money. Who pays for all this? The CRTC made some decisions about registration and fees. CRTC? The Canadian Radio, Television and Telecommunications Commission. They regulate broadcasting and telecom in Canada. Right. Got it. So anyway, their decisions about fees have been pretty controversial. How so? There have even been legal challenges, like Google fighting back against including ad revenue from user content in those fees. Hold on. So Google's basically saying, you said you wouldn't regulate user content, but now you're taking a cut of the money it makes. Pretty much. They feel like it goes against what they were promised. Classic case of the fine print coming back to bite you. Yeah, it's definitely ruffled some feathers. And then there's the whole thing about mandated contributions. That seems like a huge deal. It is. The CRTC decided streaming services making over $25 million in Canada would have to contribute 5% of that revenue to Canadian content funding. Whoa, 5%. That seems steep. It is. It's way more than most international standards. No wonder there's pushback. Oh yeah. Some streaming services have threatened to just leave Canada altogether. Oh, way. Really? Yeah. Or they'll just pass the cost on to subscribers like we've already seen. I bet that's why Spotify raised their prices recently. They even said it was because of Bill C-11. Exactly. It shows how these decisions directly impact what we pay. So we might end up with less choice. And paying more for what's left. Not ideal. Not at all. And then there's the discoverability debacle. Basically Bill C-11 gives the CRTC the power to control how content is shown to users. So they can tell Netflix how to organize their recommendations. Kind of. Imagine scrolling through and instead of seeing stuff based on what you've watched, you get a ton of Canadian content, whether you like it or not. Oh wow. That's pretty heavy handed. It comes from this old way of thinking about broadcasting. You know, back when there were only a few channels and scheduled programming. Right, like we were stuck with whatever was on. But now it's all on demand and algorithms are supposed to figure out what we want. And Netflix is all about keeping people happy and subscribed. Exactly. If they bury content that nobody wants to watch, people will just go somewhere else. So wouldn't it make sense for them to promote Canadian stuff if people actually want to see it? You would think so. But this provision almost seems counterproductive. Well, by forcing platforms to promote Canadian content, they could actually end up making it less visible in the long run. Wait, really? How does that work? Think about how algorithms work. They learn from what we do. If Canadian content is being pushed artificially and people aren't clicking on it. The algorithm thinks it's not good. Exactly. It might decide that Canadian content is just not that interesting. Then what? It could end up getting buried even deeper. Not just in Canada, but globally. So the very creators Bill C-11 is supposed to help could actually get hurt by it. It's a real possibility. It shows how tricky it is to try and regulate something as complex and ever-changing as the Internet. Yeah, it's a whole different beast than traditional broadcasting. But here's where things get even more interesting. While the government was talking about a Canadian content crisis, the actual data tells a different story. So maybe things aren't as bad as they were saying. Well, Geis points out that investment in Canadian film and TV production is actually booming. It's at record highs. So the industry is doing well. It seems that way. And this boom happened alongside the rise of streaming services. The very ones they're trying to regulate. Exactly. So it makes you wonder if maybe the crisis was exaggerated. But couldn't you argue that this boom in production is because of the policies that Bill C-11 is trying to reinforce? That's the counter-argument. But it's important to be careful about assuming correlation equals causation. Just because two things happen at the same time doesn't mean one caused the other. Right. We need to look at the big picture. Okay, so we've got all these regulations, potential unintended consequences, conflicting data. It's a lot to take in. It is. It's complicated. So what does all this mean for the average person? Someone who just wants to enjoy their streaming services? That's where Geis' idea of missed opportunities comes in. He thinks the government could have taken a more modern approach. What does he suggest? One idea is algorithmic transparency. Basically, creators would have a better understanding of how the algorithms work. So they would know how to get their content seen. Exactly. It would level the playing field. He also talks about strengthening consumer protections, like making it easier to cancel subscriptions. So streaming services would have to work harder to keep us happy. Exactly. It's all about giving consumers more power. Makes sense. Yeah. And what about the funding issue? Any alternatives to those mandated contributions? Geist thinks instead of forcing streaming services to pay into Canadian content funds, they could be encouraged to directly invest in Canadian productions. So more of a partnership than a mandate. Exactly. Work together instead of forcing it. I like that idea. Okay, we've covered a lot. Scope creep, mandated contributions, discoverability, missed opportunities. My brain is full. It's a lot to process, but it shows how complicated this issue is. Trying to support Canadian culture while also navigating this new digital landscape. It's a balancing act, and it's not easy to get right. So where do we go from here? It feels like we're at a turning point. This is where we need to start asking the tough questions. Is Bill C-11 really the best way to support Canadian creators? Are there better ways to achieve those goals? Ways that don't cause so much disruption? Those are the questions that lead to real change. The questions that challenge the status quo and make us think about the future. This whole debate, it feels like it comes down to one big question. Yeah. What kind of future do we want for Canadian content? Do we want it to be super regulated and protected? Or do we want it to be able to compete globally? Out there on the world stage. Where people actually choose to watch it because it's good, not because they're forced to. Geist doesn't really give us a clear answer. He just lays out all the complexities, the controversies, and kind of leaves us to figure it out. That's what makes these deep dives so interesting, though. It's not about being told what to think. It's about getting all the info. Yeah. And forming our own opinions. So we've seen how Bill C-11, even though it's supposed to support Canadian culture, it's caused a ton of unintended problems. Legal battles. Yeah. Uncertainty in the market. Worries about censorship. Even potentially hurting the very creators it's supposed to help. And we've also looked at those alternative paths. What if they'd focused on transparency collaboration? Empowering creators instead of controlling them? These are the kinds of questions that can spark real change. You know, challenge the way things are. And imagine a totally different future for Canadian content. So as we wrap up this deep dive into the wild world of Bill C-11, we want to leave you with one final thought. One last thing to ponder. Imagine a world where Canadian creators have everything they need to connect with people around the world. Where the algorithms are fair and transparent. Where consumers have choices. And Canadian content is successful because it's earned it. Not because of regulations. Because it's creative and innovative and just plain good. Is Bill C-11 the way to get there? Or is it holding us back? That's for you to decide. Keep exploring. Keep digging deeper. Figure out what kind of digital world you want to live in. Because the future of Canadian content isn't just about laws. It's about all of us. The creators. The consumers. The people shaping the internet with every click. Every view. Every share. Thanks for joining us. Until next time, And keep on diving deep!