Heritage minister stands by controversial Bill C-10, urges MPs to pass it 'quickly'

Heritage Minister Steven Guilbeaulttoday urged MPs to "quickly" passthe Liberal government's controversial broadcasting bill despite claimsthat it could infringeupon the free speech rights ofsocial media users.

In an appearance before the House of Commons heritage committee,Guilbeaultsaid Bill C-10 is meant to target foreign streaming companies and social media sites, not individuals.

"Our broadcasters, our production sectorand the culture sector as a whole are counting on this new legislative tool to continue to flourish on digital platforms,"Guilbeaulttold the committee in French.

"The bill is about restoring a balance that the arrival of the web giants has skewed very seriously in their own favour at the expense of local people and businesses."

Bill C-10 is meantto bring digital streaming services like Netflix, Spotifyand YouTube under the purview of the Broadcasting Act. The government is seeking to ensure that these companies abide byrules similar to those thatapply totraditional radio and television broadcasters, including an obligation to contribute to and promote Canadian content.

The bill cameunder fireafter the committee removed a clause that would have excluded from regulationuser-generated content posted to social media sites.

Internet law experts and opposition MPssaid removingthat exemptionwould give the CRTC the power to regulate the posts that millions of Canadians upload to these platforms every daysomething they saw as a violation of thecharter right to freedom ofexpression.

WATCH |Opposition MPs ask heritage minister to explain Bill C-10:

Opposition MPs ask heritage minister to explain Bill C-10

3 years ago

Duration 5:23

Alberta NDP MP Heather McPherson asks Heritage Minister Stephen Guilbeault about the concerns some Canadians have with the internet regulation bill.

At the committee, Guilbeaultcited a charter analysis conducted by officials from the Department of Justice and released yesterday. It concluded thatthe bill in its current form doesn't presentany charter-related free speech concerns.

"All of this would be done without everpreventing anyone from putting their own content online andsharing it, or forcing anyone to watch something online against their will," Guilbeault told MPs. "You and I, like all Canadians, would continue to enjoy the same freedom online that we do now."

Amendments proposedby a Liberal MP state that the CRTC'spowers under the billwould be limited to forcing such online media companies toregister with the CRTC,to report their revenues generated in Canada,to contribute to funds that support Canadian creatorsand to make Canadian content more discoverable on their platforms.

Discoverability on social media

Some critics point out the "discoverability" requirement in the bill which is intendedto make Canadian content more visible in streaming services could give the CRTC the power to influence the kind of audio and visual content suggested by the algorithms usedby streaming sites and social media companies.

"Though there are limits to the CRTC's powers, the fact that it can prioritize or effectively de-prioritize content in the name of discoverability has a direct impact on the expression of millions of Canadians,"Michael Geist, a University of Ottawa professor and the Canada Research Chair in internet law, said in an email yesterday.

Conservative MP Rachel Harder asked Guilbeaultdirectlyif the CRTC will have the power to regulate algorithms.Guilbeault refused to answer yes or no.

"The concept of discoverability is ensuring that, as part of these platforms, Canadian content becomes more visible," he said.

NDP MP Rachel McPherson,who said she wants to see the billpass,asked whether Guilbeault had amessage forthoseCanadians who fearthat their personalcontentwill be subject to CRTC regulations.

Guilbeaultavoided responding directly and insteadsaida long list of organizations in Quebec and English Canada support Bill C-10, particularlymusicians, producers andwriters.

Bill threatened by possibleelection call

With the House of Commons scheduled to sit for another four and a half weeks before breaking for the summer, the committee is running out of time to complete its review of the bill.An election call in the summer or fall would end the session and cause the bill to die on the order paper.

McPherson asked Guilbealt whether he could commit to ensuring thecommittee has enough time to complete its reviewand pass the billbefore an election is called. Guilbeault said that the Liberals don't want an earlyelection.

Conservative MPs on the committee complained that Justice Minister David Lametti didn't appear before the committee to discuss the charter analysis, asrequested by a motion the committeepassed on Monday.

"We are shocked and disappointed that the Liberal minister of Justice would simply refuse to show up in committee today," Conservative MP Alain Reyes said in a statement following the meeting.

"Minister Guilbeaultdid show up but did not answer questions directly ... [He] did not deny that he would regulate algorithms, and never addressed concerns about freedom of speech raised by many experts since the Liberals' concerning vote to remove protections for social media users."

A spokesperson for Lametti said late Friday that both he and Guilbeault would appear before the committee on Tuesday.

"Minister Lametti is aware of the committee's invitation to appear before it, and will do so along with Minister Guilbeault, who is the responsible minister," said David Taylor. "In order to assist the committee in its work, Minister Lametti will be prepared to answer questions concerning the charter statement for C-10, as well as the analysis of certain amendments prepared by his department."