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Gaslighting the Senate
Canadian Heritage Minister Pablo Rodriguez appears before Senate committee on Bill C-11
Canadian Heritage Minister Pablo Rodriguez appeared this morning before the Senate Transport and Communications committee on Bill C-11. I live tweeted the appearance in which Rodriguez continued to maintain - against all evidence - that user content won’t be subject to regulation. Rodriguez also acknowledged that the regulations could result in algorithmic manipulation.
Heritage Minister @pablorodriguez opening statement on Bill C-11 before Senate committee is more of the same. Denies impact on digital creators. Claims will increase consumer choice when the opposite is true as more likely services block Canadian market due to the bill.
First question to @pablorodriguez is whether will support amendment to eliminate application to user content.
Basically answer is no. Continues to gaslight by saying users aren’t regulated and “only small amount of commercial content” [like all TikTok videos with music].
.@SenatorWallin notes CRTC has twice confirmed that user content is captured by Bill C-11. So why not propose amendment to clarify?
@pablorodriguez says 4.2 limits to regulating commercial content. [consensus is that 4.2 is so broad to capture wide amounts of user content]
Minister @pablorodriguez says CRTC must consider three criteria to determine if captured by the regulations. (1) CRTC only has to “consider”. It isn’t determinative. (2) Even the three criteria is so broad as to include all TikTok videos with music.
Heritage Minister @pablorodriguez is asked if would oppose amendments to Bill C-11 to add clarity to user content issue.
Says he’s willing to listen, but it is clear - after months of testimony - that won’t support changes to address concerns.
Senator @dennis_dawson talks about hundreds of witnesses on the earlier Bill C-10. Reality is that there were no digital creators called before committee and the government removed key user safeguard only after witnesses had appeared.
Senator @mivillej asks about eliminating revenue criteria in Section 4.2, which has been a key concern about the expansive approach to user content.
@pablorodriguez says not just for music so won’t do it. In other words, envision possibility of wider regulation in future.
The @pablorodriguez response to @mivillej is precisely why there is reason for worry in Bill C-11. Government wants to keep option for broader regulations open. Bill gives wide latitude for CRTC to regulate and government wants to maintain this regulatory flexibility.
Senator @Paulatics raises government’s erosion of CRTC independence under Section 7(7). Asks why?
@pablorodriguez says no new powers.
@Paulatics notes even CRTC says it does.
@pablorodriguez turns it over department to try to answer.
.@SenatorHousakos calls out the “platforms in, users out” claim. Notes platforms are nothing without users. How regulate platforms without touching on users?
@pablorodriguez focuses on fact that platforms must implement obligations [but the impact is to regulate user content!]
.@SenatorHousakos notes the Section 4.2 criteria are not binding, only must be considered by CRTC [he’s right]. How open is government to amendments?
@pablorodriguez says “open” to discussions [has made it clear won’t support significant changes]
Senator Cormier asks about definition of Canadian content. Wants to ensure IP ownership central to criteria. Where are you at?
@pablorodriguez says definition dates back to 1984. The CRTC will conduct the review. Says IP is fundamental.
Heritage Minister @pablorodriguez asked if Section 7(7) were removed, would it change anything.
He says “probably not” and doesn’t give more government power [even CRTC disagrees.
Given the concerns about erosion of CRTC independence, should obviously be removed.]
Heritage Minister @pablorodriguez asked about algorithmic manipulation.
@pablorodriguez acknowledges platforms may change algorithms to meet the outcomes required by regulation but argues that will be their choice. [clearest admission bill will result in algorithmic changes]
Heritage Minister @pablorodriguez is done at committee. Any hope months of witnesses would change views will be disappointed. Department accused of intimidating indigenous creators is unsurprisingly not open to change. Continues to falsely claim C-11 doesn’t cover user content.
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