In 2023, the Government of Canada passed the Online Streaming Act (aka Bill C-11), extending regulations historically applicable to radio and television broadcasters and distributors (e.g. mandatory financial contributions to and discoverability requirements for “Canadian Content”) to online platforms. While these new obligations can apply to any audio-visual content uploaded to an open online platform (referred to as a “social media service”) if it generates revenue, the Government directed the Canadian broadcasting regulator (the CRTC) not to regulate online platforms with respect to this type of content. 

Since then, the CRTC has held various public consultations in order to obtain feedback on how to implement the new regulations. Recently, it announced a consultation on “modernizing” the definition of “Canadian Content”. This will be important for all content creators, as it will determine what constitutes “Canadian Content” for the purpose of funding (i.e. what content a platform must fund to meet their funding obligations) and discoverability (i.e. what content a platform must elevate to make it “discoverable” to Canadians).

Currently, the CRTC uses a “key creative point system”, which assigns points to each key creative role in a production (e.g. director, screenwriter, lead performer, etc) held by a Canadian, and requires a certain number of points to qualify as “Canadian Content”. The CRTC is proposing to update this by expanding the range of creative roles that would count for points.   

The CRTC’s proposed approach raises a number of concerns for digital first creators:

• Despite claims of modernizing the definition of Canadian Content, this is merely an expansion of the old definition by including new types of roles that have emerged in television production (e.g. showrunner);
• Both the current and proposed methods of determining Canadian Content are ill-suited for digital creators, who often wear many hats and “key creative” roles in the creation of a video are not easily separated;
• Also, given the digital nature of the medium, digital creators may have small teams with members in various countries. Given that a single team member may fall under multiple creative roles (e.g. an editor might also be considered a director, director of photography and visual effects director), this could have a disproportionate impact on digital creators;
• If “social media services” are required to make Canadian Content uploaded to their platform discoverable, this would
  • Create serious friction for creators, as they would be required to certify which key creative roles were occupied by Canadians in each and every upload
  • The mandatory elevation of Canadian Content in recommendations and feeds over other videos could have negative consequences, as users down-vote videos they did not want recommended to them
• Also, if “programming expenditure” requirements were to be applied to “social media services”, this would be an ill-fitting structure for digital creators, as it would require assessments of “Canadianess” in reference to key creative roles on a video by video basis rather than on the basis of the creator

In light of these issues, we are encouraging digital first creators to express these concerns to the CRTC in order to ensure they are aware of them (DFC will also be making a submission articulating these concerns).

What Can You Do?

• Submit a comment to the CRTC via their webform to express your concerns. To make this easier for you, we’ve pulled together a rough draft for you to personalize and revise as you feel appropriate
• Stay informed. Follow DFC on twitter / X for information on the latest developments https://twitter.com/DigitalFirstCan
• Get involved. Email [email protected] if you are a Creator that would like to be more active in the important upcoming activities. 

Background Resources

• Online Streaming Act
• CRTC Notice of Consultation on Definition of “Canadian Content”
• CRTC News Release on Consultation

Draft Comment for Submission 

Dear Canadian Radio-Television and Telecommunications Commission,

My name is [creator name]. I operate [channel] on [platform], creating [description of kind of content you make] for audiences in Canada and around the world [Optional to add more specifics about your audiences, channel info, etc].

Thank you for the opportunity to comment on your modernization of the definition of “Canadian programming”. While I generally agree that this definition needs to be updated and modernized, as a Canadian digital creator I am concerned that your proposed update is not well suited for the kind of content I create.

I make content [on my own / with a small team] [Optional to provide additional information on the kind of team you work with, eg an editor, manager, etc]. The description of “key creative roles” outlined does not really reflect what my productions look like, as we all perform multiple roles and at times it can be hard to determine who exactly is in what role. For instance, an editor might also be considered a director, director of photography and/or visual effects director, depending on the video. This means that if I collaborate with a non-Canadian on a video, or happen to bring a non-Canadian onto my team, or happen to use a production service that is not located in Canada, my videos might not qualify even if we write, shoot and post in Canada. This seems arbitrary and would undoubtedly exclude content that would otherwise be considered Canadian.  

Further, if online platforms are required to make Canadian Content uploaded to their platform discoverable, this definition could create serious friction when I upload videos. I would basically be required to certify which key creative roles were occupied by Canadians in each and every upload. In my industry, timeliness is extremely important, and this would be a burden. This is in addition to potentially negative effects of mandatory elevation of Canadian Content in recommendations and feeds over other videos could have negative consequences, as the audience tends to down-vote videos they did not want recommended to them.

Also, if online platforms are required to contribute to the production of Canadian Content uploaded to their platform, the definition creates an ill-fitting structure for digital creators. Rather than funding an individual creator or channel, the proposed definition would require assessments of “Canadianess” in reference to key creative roles on a video by video basis. Given the sheer volume of videos uploaded, this would be unworkable.

I recognize that you are trying to craft a definition that is primarily intended for large-scale  television productions and small independent creators, but am quite concerned about the potential unintended consequences if it were to be applied to digital creators like me. I would ask the CRTC to consider these concerns and what it could do to introduce flexibility into its definitions to avoid negative outcomes.

Sincerely,

[Name]

[Channel]