Government Gets the Law Wrong as it Finally Makes the Case Why it is Rejecting the Bill C-11 User Content Regulation Fix

TL;DR

With Bill C-11 in the final stretch – Senate approval could come this week – the government finally provided a more detailed explanation for rejecting the Senate’s user content regulation fix. The first supposed loophole is that sites like Youtube and TikTok sometimes broadcast licensed commercial content and he says the government is concerned that an amendment focused exclusively on sound recordings “would not give the CRTC the ability to clearly scope in such audio-visual commercial content because it would be constrained and would only be able to do so based on the presence of soundtracks or audio elements. Instead, after making the case that user content must be included, Senator Gold tried to provide assurances that content regulation will not happen by adding in his motion to approve Bill C-11:That the Senate take note of the Government of Canada’s stated intent that Bill C-11 will not apply to user-generated digital content and its commitment to issue policy direction to the Canadian Radio-television and Telecommunications Commission accordinglyDuring his speech, he justified this inclusion by citing Canadian Heritage Minister Pablo Rodriguez in his first speech on Bill C-11, where he stated “We will not regulate users or online creators through the bill or our policy, nor digital-first creators, nor influencers, nor users

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