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The Liberal government will direct the CRTC not to regulate content from social media users as it implements Bill C-11
Published on 08 June 2023 • read for 2 minutes
FILE – This combination of photos shows Twitter logos, top left; Snapchat, top right; Facebook, bottom left; and TikTok. THE ASSOCIATED PRESS
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OTTAWA – The Liberal government will direct the CRTC not to regulate content from social media users as it implements the controversial online streaming law.
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Content created by social media creators and content only available on social media platforms will be excluded as per the proposed policy guidance to the regulator.
“The proposed guidelines… deliver on the government’s public commitments to ensure that the Commission would only regulate social media platforms to the extent that they behave like broadcasters and not the social media elements of their services, which includes all content created and uploaded by everyday users (commonly known as user-generated content),’ the government said in documents made available to the media.
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Controversy over the regulatory authority the CRTC would have over user-generated content — such as YouTube or TikTok videos posted by Canadians or digital creators — has followed the bill for two years. The Liberal government refused to exclude social media in Bill C-11 itself. Opponents argued that it was important to enshrine the exclusion in law, partly for reasons that future governments could more easily reverse a policy direction towards the CRTC than they could amend a law.
The Online Streaming Act went into effect just over a month ago. It establishes the CRTC to bring streaming platforms like Netflix and YouTube into the Canadian content system that traditional broadcasters and TV providers already contribute to, making more money available for Canadian content creation.
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The law itself limits the CRTC’s powers over user content to “discoverability” – directing digital platforms to show more Canadian content in the movies, TV shows and music they recommend to their users. The policy’s exclusion of social media would mean those provisions would not apply to posts by users on YouTube, for example a would-be digital creator who relies on those platforms that have raised the alarm.
But discoverability powers would apply to content on other streaming platforms like Netflix or Disney+. The government said it would tell the CRTC to “implement discoverability requirements in a way that minimizes the need to change broadcaster algorithms and, where possible, increases choice for users”.
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Senior officials said in a technical briefing that part of the policy direction recognizes that the CRTC could use its discoverability powers in a way that would lead platforms to change their algorithms, and the idea is to minimize those cases.
The CRTC can’t tell a streaming service like Amazon Prime or Spotify to make specific changes to its algorithms. But it may say they need to include more Canadian content in their recommendations or suggestions, forcing them to change the algorithms that make those recommendations.
The CRTC will also be told to make redefining Canadian content a priority. That process would include “consultations with Canadians, members of the creative and manufacturing industries and other interested parties.”
The government is conducting a 45-day consultation on the draft policy direction before issuing a final version.
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