In case you haven’t heard, a Canadian government agency, the Canadian Radio-Television and Telecommunications Commission (CRTC), has now been given the power to regulate podcasts. There are a lot of details but Sonja Raath, “Canada’s Online Streaming Act (Bill C-11) explained,” ExpressVPN, April 29, 2023 does a nice job of explaining them. I think Raath’s bias is clear–it’s the same as mine, which is to favor freedom of speech and freedom for consumers and producers to choose–but she lays out the facts clearly.
I remember living in Winnipeg in 1970 when I happened to turn on the radio and hear a member of Parliament give an impassioned speech against the Canadian content laws that were being proposed (and were subsequent enacted) to require large percentages of Canadian content on radio and TV. In short, the CRTC has been doing this for over half a century.
In 1971, an American friend of mine at the University of Western Ontario, Danny Steinberg, asked me if I thought the motive for the regulations was censorship or protectionism. I answered that it’s both. While it was explicitly about protectionism, it was censorship to achieve protectionism and, given the way governments think, it was probably also censorship to achieve censorship in its own right.
As fewer and fewer people watch TV and listen to radio and, instead, turn to streaming, the government has now taken the next step: extending the regulation to the Internet.
I regularly read a Substack about Canadian politics called The Line. As best I can tell, its politics are somewhat left of center, but what’s refreshing is how factual the authors are and how they are quite willing to criticize Prime Minister Trudeau and his many failings. They went at this one yesterday with all guns blazing. One of the regular writers, Jen Gerson, titled her post “Do Not Comply.” In making her case, she also lays out how this regulation is likely to grow and become more intrusive. I strongly recommend her whole post.
A great excerpt:
We will note that C-11 was initially billed as a bit of legislation aimed at “web giants,” and there was no plan to put “user generated content” under the CRTC’s authority. The regulator is sticking to this talking point, insisting that users themselves won’t have to register.
Indeed, only companies that generate more than $10 million per year will be subject to disclosure. The Line, for example, is (far, far) too small to qualify. Rather, the CRTC is going to capture companies like Spotify and Apple Podcasts and YouTube.
“Oh, so not nice independent media like you!” say our dear readers. Oh, sweet, sweet summer children.
She goes on to lay out the likely fact that Apple Podcasts and others, when people complain to the CRTC about The Line‘s content, will likely quit publishing that content. She writes:
The end result is a chilling effect. Goodbye candid, freewheeling conversation and F-bombs, everybody. No one will risk offending Canadian sensibilities if it means the risk of losing access to Spotify et al. Remember, these aren’t hobbies, even for relatively small media producers. Revenue from our content is how we pay the mortgage.
And there’s a worse outcome to consider: that largely American distributors may simply opt out of all Canadian content rather than fall under the aegis of the Broadcasting Act. This is the choice Meta made, and your Facebook feed is already feeling it.
Further, she writes:
At its inception, the logic of a Broadcasting Act was rooted in scarcity. Radio and television stations rely on over-the-air broadcasts — frequencies of electromagnetic spectrum — which are considered a public good to be allocated wisely by a public regulator. Too many stations all using the same frequency in too confined an area would muddy reception.
Digital media doesn’t work like this. There is no finite digital bandwidth that requires public managing or allocating. Quite the opposite, in fact. Digital space is largely a private good, limited only by constraints on private capital — which, in practice, amounts to virtually no scarcity at all. Digital bandwidth is, effectively, infinite.
On her point in the first paragraph, both the late Ronald Coase and Thomas W. Hazlett could give her a run for her money, with Hazlett being way more detailed about the history of the FCC, the U.S. counterpart to Canada’s CRTC. There was never a good case for allocation by a government regulator.
And this is a great paragraph:
To paraphrase Douglas Murray in his recent Post column: people who think it proper to shut the bank account of a Freedom convoyer while applauding a literal, actual Nazi in Parliament have neither the intelligence nor the moral credibility to regulate the information we consume.
I love one of her final paragraphs:
To fellow my content creators, and the companies that serve them: don’t register with the CRTC. Civil disobedience is not only appropriate in this case, it’s necessary.
READER COMMENTS
Vivian Darkbloom
Oct 5 2023 at 11:05am
Europe, Canada and likely other non-US countries are waging a full-scale war against large, successful American companies such Amazon, Facebook, Google, etc. The main motivation is protectionism; however, Henderson is correct that one of the means is effectively censorship.
This war is being waged on many fronts. A recent example is that in France a law was recently enacted to require a minimum postage charge on books ordered online.
https://www.leparisien.fr/economie/consommation/pour-contrer-amazon-un-tarif-minimal-de-frais-de-livraison-sur-les-livres-06-10-2021-LP7VCVDRXJGHXHMKHNOAJAN42E.php
I just got an email from Amazon that from now on they will charge a minimum of €3 for any book that costs less than €35. This also applies to Amazon Prime members!
I’ve often thought a good rejoinder to those who insist on “leveling the playing field” to allow less able competitors to compete with the more able would be: “would it be a good idea to require Lebron James (or perhaps, for our European friends, Lionel Messi) to wear ankle weights? Is that the best way to ensure others improve their game?”
David Henderson
Oct 5 2023 at 11:29am
Thanks, Vivian.
Your last paragraph reminds me of Kurt Vonnegut, Jr.’s short story titled “Harrison Bergeron.”
steve
Oct 5 2023 at 12:01pm
Hope their civil disobedience works. This is the kind of civil disobedience I can fully support as it doesnt harm anyone else. Will look them up.
As an aside, was invited by friends to go to Chautauqua this year. Topic was free speech. This is the place where Rushdie got shot last year. Every speaker gave a full throated support of free speech. Speakers ranged from pretty liberal to MAGA conservative. Fortunately they avoided talking points and provided multiple viewpoints on why we should support free speech.
Steve
Daniel Klein
Oct 5 2023 at 12:41pm
Nice piece, thank you for calling the alarm. The crushing of dissent is surest sign of despotic intention.
Monte
Oct 5 2023 at 1:35pm
Trudeau is a dictator who “unequivocally expressed his admiration for a basic dictatorship” at a fundraiser back in 2013. Even the dwindling support he currently enjoys from his party and its constituents I find bewildering.
That aside, the U.S. government is pushing its own version of new censorship in the form of a bill with the innocuous title, the Kids Online Safety Act (KOSA). Surfers beware!
Dennis Hoey
Oct 5 2023 at 5:23pm
Free speech is what’s helped make Canada and the US the nations they are. Leave it to Trudeau to continue stamping out freedoms that Canadians have held dear for decades. He truly is a disgrace and needs to be replaced.
Procrustes
Oct 6 2023 at 5:20am
It’s great to be citing people from the left of centre who fighting against censorship and protectionism.
Here in Canberra too many of my left wing friends have no problem with “Truth in political advertising” laws and the Federal Government’s latest atrocity the “Misinformation and Disinformation Bill”, currently working its way through Parliament and intended to empower Australia’s equivalent to the CRTC to combat online misinformation and disinformation.
Guess what, the Australian Human Rights Commission’s submission on the legislation states that under the proposed law “government content can never be misinformation but content critical of the government produced by political opponents might be”.
I guess nobody reads John Locke any more.
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