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Government laws designed to rescue Canadian media have done the opposite

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From the MacDonald-Laurier Institute

This article first appeared as the cover story to our September 2023 issue of Inside Policy. You can download the full issue here.

By Peter MenziesOctober 4, 2023

The federal government has made a regulatory mess with wrongheaded legislation targeting digital media content.

Few things are more fundamental to a nation’s economic prosperity and social cohesion than a robust communications framework.

Canada has its challenges in terms of rural and northern internet and mobile connectivity, but the nation’s overall communications mainframe is, by most international measures, in good shape. The rest of the story involving what gets carried on the mainframe (i.e., the actual content) isn’t as pretty. In fact, two recent communications policy initiatives proposed by the federal government have put tens of thousands of jobs at risk in the creative and news industries.

Money goes where it is likely to generate profit, and if some key arteries aren’t unclogged quickly, the flow of communications investment dollars in Canada could seize up. Worse, the future of what has been a thriving creative economy, driven by independent content creators, is now uncertain.

Meanwhile, the news industry is on the cusp of becoming permanently reliant on government subsidies – a dependency that’s certain to undermine the public’s already wavering trust in its independence.

But first, the good news. While measures vary by source and date, Canada consistently ranks among the world’s top 20 nations when it comes to fixed broadband connectivity, and as high as No. 1 in the world when it comes to mobile internet capacity. Given that most of nations in the top ten for broadband connectivity are smaller in landmass than Prince Edward Island, this is a considerable achievement for a country the size of Canada. This connectivity, however, has come at a premium – consumer in this country are historically among those paying the highest rates anywhere in the world, particularly when it comes to mobile plans. Costs to consumers remain high but have been trending downward in recent years as carriers shift strategic priorities from acquiring new consumers to retaining existing ones.

Far more challenging is a regulatory environment that is less than friendly when it comes to attracting private investment. The Canadian Radio-television and Telecommunications Commission (CRTC) has been risk-averse in its dealings with Mobile Virtual Network Operators (MVNOs) and smaller Internet Service Providers (ISPs) looking for competitive access rates to incumbent networks. Still, competition is one area that appears to be a priority for the CRTC. The regulator’s new chair, Vicky Eatrides, has a background in competition policy; a new vice chair, Adam Scott, is thoroughly familiar with the Telecom industrial framework; and the new Ontario Regional Commissioner, Bram Abramson, has experience as a regulatory officer for a smaller telco. (Abramson’s former employer, TekSavvy Solutions, recently waved the white flag in its efforts to compete in the Canadian market and put itself up for sale.)

Now the bad news – and, fair warning, there’s a lot of it.

Canada is aggressively regulating the internet – not in priority areas such as privacy, algorithms and data collection, but in terms of its content and its users’ freedom of navigation. The Online Streaming Act (Bill C-11) came into force in the spring, amending the Broadcasting Act to define the internet’s audio and video content as “broadcasting” and, as such, placing all this content under the authority of the CRTC. The goals remain the same as they did during the broadcast radio and cable television world of the early 1990s: the funding of certified TV and film properties, ensuring Canadian content (CanCon) gets priority over foreign programming and ensuring designated groups – BIPOC and LGBTQ2S, among other acronyms – and official language minorities are represented. How exactly the CRTC intends to achieve this without disrupting what has been a booming decade for film and television production in a freewheeling global market remains to be seen. As does how it will give its supply-managed content priority without imposing economic harm on the 100,000 Canadians who earn a living in the unlicensed, uncertified world of YouTube and other major streaming platforms.

While the CRTC has promised to provide at least preliminary answers to these questions by the end of next year, years of regulatory haggling and court challenges await and the regulator’s reputation for the timely resolution of matters is spotty at best. As of September 22, for instance, it still hadn’t dealt with a cabinet order to review its CBC licensing decision; a decision which, itself, which took 18 months for the regulator to reach (following a January 2021 hearing that was held three years after the term of the CBC’s previous license had expired). Regulatory sloth of this nature on a routine matter does not inspire much optimism for the expedient handling of the far more complex issue of online streaming.

Indeed, the burden of the Online Streaming Act has already overwhelmed the CRTC’s administrative capacities. In August, it autorenewed the licenses of 343 television channels, discretionary services, and cable and satellite services for two to three years each. It subsequently announced it wouldn’t be dealing with any radio matters at all for “at least” two years. It even nervously punted a demand for the cancellation of Fox News’ Canadian carriage into the future by declaring it necessary to re-do the entire framework involving cable carriage of foreign television channels. It has clearly signaled that it plans to manage nothing other than telecom and Online Streaming Act issues for years to come. Everything else is on hold until such time comes to initiate a catch-up process that, in turn, will itself take years to clear the logjam. All this at a time of significant disruption that demands corporate and regulatory nimbleness.

But even what appears to be catastrophic regulatory arrest pales in comparison to the impact of the federal government’s second significant piece of new internet legislation: the Online News Act. Rarely has legislation designed to assist a sector – news production – been so poorly constructed that it has managed to make everything worse for everyone involved.

Based on the unproven premise that Big Tech companies were profiting from “stealing” content from news organizations, the Act was designed to force Meta (Facebook’s parent company) and Google to redistribute their considerable advertising revenue to those who used to receive the lion’s share of this revenue – newspapers and broadcasters. From the beginning, Meta indicated that the premise and the cost of the legislation, unless amended, would force it to cease the carriage of links to news stories and suspend its existing support programs for Canadian journalism.

The government and the news industry lobbyists who backed the bill grossly overestimated their economic value to Meta and insisted the tech giant was bluffing. Last week, however, Brian Myles, Director of Le Devoir, told an online panel hosted by the Canadian Journalism Foundation that it was clear Meta wasn’t bluffing and, going forward, news organizations would have to adapt to its exit from the market and the considerable financial impact it will have on their industry. He nevertheless held out hope that a rapprochement of some kind might still be possible with Google.

Like Meta, Google has indicated that it, too, will suspend both news linkage and its current partnerships with Canadian news organizations, unless the federal government can provide more economically acceptable options than what it has heretofore offered. As much financial harm as Meta’s departure will cause, there is consensus that Google’s departure – if it occurs – would be a disaster on a nuclear scale.

Even if a deal is reached, the best the news industry can hope for is that Google’s financial concessions will offset a portion of the losses suffered from losing access to Facebook, Instagram and Threads (among other Meta properties). Any money that can be squeezed out of an agreement with Google would be meaningful but a far cry from the hundreds of millions the industry was dreaming of a year ago. The largest recipients of any such windfall, of course, will be those who least need it – namely CBC and Bellmedia.

The bottom line is that, following passage the Online News Act, there will be less revenue for Canadian news organizations than there was just a few months ago. As a result, publishers are pleading for “temporary” measures such as the Journalism Labour Tax Credit and Local Journalism Initiative to be not just extended but enhanced. Up to 35 percent of legacy newsrooms costs would be covered by the federal government while, without Facebook, it will be near impossible for local news innovators outside of the legacy bubble to build audiences.

Next up is an anticipated Online Harms Act, designed to control “lawful but awful” speech through a government-appointed Digital Safety Commissioner. Expect more policy mayhem in the months to come.

Peter Menzies is a senior fellow at MLI and a former vice-chair of the CRTC.

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DEI gone?: GOP lawmakers prep to clean house in federal government

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From The Center Square

By 

Many of Trump’s cabinet picks so far have also pledged to remove DEI programs from the federal government. These policies can range from training federal employees on “white privilege” to using medical research funds to study racism to awarding federal funds to recipients only as long as they toe the line on DEI orthodoxy.

President-elect Donald Trump’s win and his subsequent creation of a Department of Government Efficiency have galvanized lawmakers to pave the way for legislation to clean out diversity, equity and inclusion (DEI) policies, staff and programs that have ballooned under the Biden-Harris administration.

The Center Square was given advance copy of two bills filed Thursday by U.S. Rep. Bob Good, R-La., to end DEI practices at the Department of Housing and Urban Development

The first bill, the Flexibility in Housing Act of 2024, would block a Biden-Harris administration rule at HUD. That rule is about to be finalized and would require HUD grant recipients to implement “equity-driven housing plans.”

The newly introduced bill, however, would block that rule and give power to states and local governments to decide how best to spend the funds.

The second bill, the “No Discrimination in Housing Act,” would prevent large corporations from using DEI programs to get federal tax credits in buying up single family American homes, something many economists say is driving up the cost of homeownership for Americans.

The new bill “would prohibit any entity with a DEI initiative from receiving the Low-Income Housing Tax Credit – thereby ensuring the tax credit is distributed based on merit – not for the advancement of the radical DEI ideology.”

“The Biden-Harris Administration’s radicalization of housing policy prioritizes woke DEI corporations, yet does nothing that will actually drive down the cost of a home in an economy destroyed by Bidenflation,” Good told The Center Square. “My bills aim to restore Trump-era housing flexibility and eliminate the DEI housing policies that prohibit families from pursuing the American dream.”

These two bills, first obtained by The Center Square, are in line with Republicans’ renewed push to eliminate the hard left turn toward DEI policies taken in the last few years of the Biden-Harris administration.

Those policies have been under the microscope for years, but Trump’s win gives Republicans hope they can be undone.

Many of Trump’s cabinet picks so far have also pledged to remove DEI programs from the federal government. These policies can range from training federal employees on “white privilege” to using medical research funds to study racism to awarding federal funds to recipients only as long as they toe the line on DEI orthodoxy.

The latest high-profile examples of controversial DEI spending involves the Federal Emergency Management Administration. Amid the scandal of its handling of Hurricane Helene and Hurricane Milton, reporting has shown that FEMA lists DEI and equity as it number one priority.

U.S. Rep. Michael Cloud, R-Texas, introduced the Dismantle DEI Act, which advanced out of the House Oversight Committee, which would eliminate DEI programs in the federal government and return to a “colorblind” approach.

“Diversity, equity, and inclusion – these are words that, on the surface, seem to represent ideals we can all support,” Cloud said. But when these principles are redefined and implemented as an ideology within our federal government, they take on a meaning that diverges from their original intent.”

A recent report from Do No Harm documented about 500 examples of DEI programs across many agencies choosing to reward some Americans over others.

“Under the guise of progress, this ideology seeks to categorize individuals based on immutable characteristics rather than valuing the content of their character or their individual achievements,” Cloud continued.

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‘Context Of Chemsex’: Biden-Harris Admin Dumps Millions Into Developing Drug-Fueled Gay Sex App

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From the Daily Caller News Foundation 

By Owen Klinsky

The Biden-Harris administration is spending millions funding a project to advise homosexual men on how to more safely engage in drug-fueled intercourse.

The University of Connecticut (UCONN) in July announced a five-year, $3.4 million grant from the U.S. National Institute of Health (NIH) for Assistant Professor Roman Shrestha to develop his app JomCare — “a smartphone-based just-in-time adaptive intervention aimed at improving access to HIV- and substance use-related harm reduction services for Malaysian GBMSM [gay, bisexual, and other men who have sex with men] engaged in chemsex,” university news website UCONN Today reported. “Chemsex,” according to Northern Irish LGBTQ+ nonprofit the Rainbow Project, is the involvement of drug use in one’s sex life, and typically involves Methamphetamine (crystal meth), Mephedrone (meth), and GHB and GBL (G).

Examples of the app’s use-cases include providing a user who has reported injecting drugs with prompts about ordering an at-home HIV test kit and employing safe drug injection practices, UCONN Today reported. The app is also slated to provide same-day delivery of HIV prevention drug PrEP, HIV self-testing kits and even a mood tracker.

“In Malaysia, our research has indicated that harm reduction needs of GBMSM [gay, bisexual, and other men who have sex with men] engaged in chemsex are not being adequately met,” Shrestha told UCONN Today. “Utilizing smartphone apps and other mHealth tools presents a promising and cost-effective approach to expand access to these services.”

Homosexuality is illegal in Malaysia and is punishable by imprisonment, according to digital LGBTQ+ rights publication Equaldex. Drug use, including of cannabis, is illegal in Malaysia, and drug trafficking can be a capital offense.

The NIH disbursed $773,845 to Shrestha in July to conduct a 90-day trial testing the efficacy of JomCare among 482 chemsex-involved Malaysian gays. It also provided Shrestha with $191,417 in 2022 to “facilitate access to gender-affirming health care” for transgender women in the country.

“Gender-affirming care” is a euphemism used to describe a wide range of procedures, including sometimes irreversible hormone treatments that can lead to infertility as well as irreversible surgeries like mastectomies, phalloplasties and vaginoplasties.

Shrestha has a track record of researching mobile health (mHealth) initiatives for foreign homosexuals, co-authoring a 2024 study entitled, “Preferences for mHealth Intervention to Address Mental Health Challenges Among Men Who Have Sex With Men in Nepal.”

The proliferation of LGBT rights has been a “foreign policy priority” under the Biden-Harris administration, a State Department spokesperson previously told the Daily Caller News Foundation, with President Joe Biden instructing federal government department heads to “to advance the human rights of LGBTQI+ persons.”

“Around the globe, including here at home, brave lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists are fighting for equal protection under the law, freedom from violence, and recognition of their fundamental human rights,” a 2021 White House memorandum states. “The United States belongs at the forefront of this struggle — speaking out and standing strong for our most dearly held values.”

President-elect Donald Trump announced on Nov. 12 that Elon Musk and Vivek Ramaswamy would collaborate to establish a new Department of Government Efficiency (DOGE), with Musk claiming the agency would feature a leaderboard for the “most insanely dumb spending of your tax dollars.” Some DOGE cuts could come from LGBTQ+ programs, such as a grant from the United States Agency for International Development to perform sex changes in Guatemala and State Department funding for the showing of a play in North Macedonia entitled, “Angels in America: A Gay Fantasia on National Themes.”

“The woke mind virus consists of creating very, very divisive identity politics…[that] amplifies racism; amplifies, frankly, sexism; and all of the -isms while claiming to do the opposite,” Musk said at an event in Italy in December 2023, according to The Wall Street Journal. “It actually divides people and makes them hate each other and hate themselves.”

Shrestha and the NIH did not respond to requests for comment. When reached for comment, a UCONN spokeswoman told the Daily Caller News Foundation that, “specific questions about the grant and the decision to award it to our faculty member should be directed to the NIH, since that’s the funding agency.”

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