Connect with us

Business

The CRTC said it would leave podcasts alone. Turns out that was a myth

Published

6 minute read

From the MacDonald-Laurier Institute

This article originally appeared in the Hub.

By Peter Menzies, October 4, 2023

It’s clear the regulator is about to draw podcasts into its warm embrace.

The CRTC has backtracked on its promise to leave podcasts alone.

On May 12, the federal regulator stated in its “Myths and Facts” release that concerns it would regulate content such as podcasts were a “myth” and the “fact” of the matter was that “a person who creates audio or video content or creates a podcast, is not a broadcaster under” the Online Streaming Act (Bill C-11).

That “fact” didn’t live long. It expired September 29 when, in its first decisions since being granted authority over the internet, the CRTC changed lanes.

While it was careful to state that podcasters themselves don’t have to register with the Commission, the web-based platforms that make podcasts available must do so. Indeed, podcasters may not be broadcasters, but very much as predicted by the legislation’s critics, the CRTC has found ways to bring them into scope anyway.

It decided that podcasts constitute “programs under the Broadcasting Act, given that they are comprised of sounds intended to inform, enlighten or entertain.”

The regulator’s decision further explains that while podcasters may not be broadcasters, the transmission of podcasts over the internet most definitely “constitutes broadcasting” which makes those entities that platform podcasts into cable companies.

So while the CRTC concedes that while “the Broadcasting Act does not give the Commission a mandate to regulate creators of programs” it nevertheless makes clear that its powers do cover “those services that are involved in the broadcasting of programs, which are referred to as broadcasting undertakings.”

Is your head spinning yet?

The legal contortions continue throughout the decision, but the clear takeaway, the bottom line, is that, while it keeps insisting it doesn’t intend to regulate the content of podcasts, it is very concerned about the content of podcasts and if it can’t legally regulate them, it’ll make sure someone else does it for them.

Paragraph 223 of its decision makes it clear the CRTC is about to draw podcasts into its warm embrace.

Without information about online undertakings that transmit or retransmit podcasts, it would be more difficult for the Commission to ensure the achievement of the objectives of … the Broadcasting Act, which relate to, among other things, providing a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern, and (that) the programming provided by the Canadian broadcasting system should be varied and comprehensive, providing a balance of information, enlightenment and entertainment for people of all ages, interests and tastes.

In other words, what the CRTC denounced as “myth” in the spring has become a “fact” in the fall. It has kicked open the door to the regulation of online content, if not directly then by proxy through the platforms that deliver the work of podcasters to their audiences.

It is a bureaucratic master stroke.

Here’s what will follow.

The list of intervenors presenting at the CRTC’s public hearing coming up in late November indicates the panel of commissioners will hear from a number of groups that will explain the extent to which they are under-represented and funded. So, a possible outcome of this will be that services that carry podcasts will have to fund podcasters who, on their own, haven’t been able to find an audience.

Just as likely is that platforms will be regulated to ensure podcasts designated by the CRTC are given priority visibility/discoverability online over undesignated podcasts through the manipulation of algorithms. These are likely to be podcasts by Indigenous, BIPOC and LGBTQ2S creators.

As erstwhile CRTC Chair Ian Scott told the Senate committee studying Bill C-11 in 2022:

Instead of saying, and the Act precludes this, we will make changes to your algorithms as many European countries are contemplating doing, instead, we will say this is the outcome we want. We want Canadians to find Canadian music. How best to do it? How will you do it? I don’t want to manipulate your algorithm. I want you to manipulate it to produce a particular outcome. And then we will have hearings to decide what are the best ways and explore it.

This was reinforced in an exchange Scott had with Senator Pamela Wallin, who suggested proponents of the bill were parsing their words and that:

You won’t manipulate the algorithms; you will make the platforms do it. That is regulation by another name. You’re regulating either directly and explicitly or indirectly, but you are regulating content.

To which Mr. Scott replied: “you’re right.”

The CRTC has now confirmed what it denied mere months ago when it was parroting then-Heritage Minister Pablo Rodriguez’s talking points.

It will make sure podcasts and any other internet content it can capture is regulated.

Peter Menzies is a Senior Fellow with the Macdonald-Laurier Institute, a former newspaper executive, and past vice chair of the CRTC.

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

More from this author

Business

Taxpayer watchdog says Canadian gov’t needs to use Trump ‘blueprint’ and create efficiency agency

Published on

From LifeSiteNews

By Anthony Murdoch

Canadian Taxpayers Federation director Franco Terrazzano cited the ‘crazy research’ citizens are forced to subsidize under Justin Trudeau’s Liberal government as justification for a department to ‘slash Ottawa’s wasteful, bloated bureaucracy.’

One of Canada’s most respected taxpayer watchdogs said the government needs an agency similar to U.S. President-elect Donald Trump’s forthcoming Department of Government Efficiency (DOGE) to “slash Ottawa’s wasteful, bloated bureaucracy” that under Prime Minister Justin Trudeau has funded numerous woke projects.

“This (DOGE) is the blueprint. … All we need now is a prime minister with the guts to pick up the scissors,” Canadian Taxpayers Federation (CTF) federal director Franco Terrazzano wrote in a recent blog.

Terrazzano highlighted what he called the “crazy research Canadian taxpayers are forced to subsidize” thanks to Trudeau’s Liberal government.

Examples of such “crazy” government spending include the government granting a university student $20,000 to study “Gender Politics in Peruvian Rock Music.”

Canadian taxpayers were also on the hook for $105,000 for “Cart-ography: tracking the birth, life and death of an urban grocery cart, from work product to work tool,” as well as $17,500 for “My Paw in Yours: Dead Pets and Transcendence of Species Divides in Experimental Art-Making Practice.”

Incredibly, the Trudeau government also doled out $50,000 in a scholarship award to a student to study “Playing for Pleasure: The Affective Experience of Sexual and Erotic Video Games.”

DOGE will be headed by Elon Musk and businessman and former Republican presidential candidate Vivek Ramaswamy.

“Together, these two wonderful Americans will pave the way for my Administration to dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal agencies — Essential to the ‘Save America’ Movement,” Trump announced on Truth Social.

Terrazzano noted how a Canadian version of DOGE would be welcome in Canada, and “Those marching orders sure would sound good in a prime minister’s mandate letter to a finance minister.”

He also noted how the government has wasted billions a “multibillion dollar gun confiscation that police officers say won’t work, the $25 billion equalization scheme and taxpayer-funded media bailouts, among others.”

“The bad news for taxpayers is we pay too much tax because the government wastes too much money. The list of wasteful spending in this article is far from exhaustive,” he wrote.

“The good news is a champion of taxpayers could make massive cuts and barely anyone outside the Ottawa bubble would notice.”

 

Continue Reading

Business

Canada Scrambles To Secure Border After Trump Threatens Massive Tariff

Published on

 

From the Daily Caller News Foundation

By Jason Hopkins

The Canadian government made clear its beefing up its border security apparatus after President-elect Donald Trump threatened to impose sweeping tariffs against Canada and Mexico if the flow of illegal immigration and drugs are not reined in.

Trump in November announced on social media that he would impose a 25% tariff on all products from Canada and Mexico unless both countries do more to limit the level of illicit drugs and illegal immigration entering into the United States. In response, Canada Prime Minister Justin Trudeau met with the president-elect at his residence in Mar-a-Largo and his government has detailed what more it’s doing to bolster immigration enforcement.

“We got, I think, a mutual understanding of what they’re concerned about in terms of border security,” Minister of Public Safety Dominic LeBlanc, who accompanied Trudeau at Mar-a-Largo, said of the meeting in an interview with Canadian media. “All of their concerns are shared by Canadians and by the government of Canada.”

“We talked about the security posture currently at the border that we believe to be effective, and we also discussed additional measures and visible measures that we’re going to put in place over the coming weeks,” LeBlanc continued. “And we also established, Rosemary, a personal series of rapport that I think will continue to allow us to make that case.”

Trudeau’s Liberal Party-led government has pivoted on border enforcement since its first days in power.

The Royal Canadian Mounted Police (RCMP) — the country’s law enforcement arm that patrols the border — is preparing to beef up its immigration enforcement capabilities by hiring more staff, adding more vehicles and creating more processing facilities, in the chance that there is an immigration surge sparked by Trump’s presidential election victory. The moves are a change in direction from Trudeau’s public declaration in January 2017 that Canada was a “welcoming” country and that “diversity is our strength” just days after Trump was sworn into office the first time.

While encounters along the U.S.-Canada border remain a fraction of what’s experienced at the southern border, activity has risen in recent months. Border Patrol agents made nearly 24,000 apprehensions along the northern border in fiscal year 2024 — marking a roughly 140% rise in apprehensions made the previous fiscal year, according to the latest data from Customs and Border Protection.

“While a change to U.S. border policy could result in an increase in migrants traveling north toward the Canada-U.S. border and between ports of entry, the RCMP now has valuable tools and insights to address this movement that were not previously in place,” read an RCMP statement provided to the Daily Caller News Foundation. “New mechanisms have been established which enable the RCMP to effectively manage apprehensions of irregular migrants between the ports.”

Trudeau’s pivot on illegal immigration enforcement follows the Canadian population growing more hawkish on the issue, public opinion surveys have indicated. Other polls also indicate Trudeau’s Liberal Party will face a beating at the voting booth in October 2025 against the Conservative Party, led by Member of Parliament Pierre Poilievre.

Trudeau’s recent overtures largely differ from Mexican President Claudia Sheinbaum, who has indicated she is not willing to bend the knee to Trump’s tariff threats. The Mexican leader in November said “there will be a response in kind” to any tariff levied on Mexican goods going into the U.S., and she appeared to deny the president-elect’s claims that she agreed to do more to beef up border security in a recent phone call.

Trump, who has vowed to embark on an incredibly hawkish immigration agenda once he re-enters office, has tapped a number of hardliners to lead his efforts. The president-elect announced South Dakota Gov. Kristi Noem to lead the Department of Homeland Security, former acting Immigration and Customs Enforcement Director Tom Homan to serve as border czar and longtime aide Stephen Miller to serve as deputy chief of staff for policy.

Continue Reading

Trending

X