The faux outrage over podcasting

October 4, 2023

Thanks to the richest man in the world, people around the globe have noticed Canada’s mass media legislation, updated for the age of Internet distribution by the Online Streaming Act. 

Elon Musk’s impulsive Twitter finger was at it again: “Trudeau is trying to crush free speech in Canada.” That was followed by a tweet promoting Musk’s go-to celebrity contributor on X, Tucker Carlson.

The actual news item was this: the CRTC issued a ruling that streaming platforms (whether they podcast or not) bringing in less than $10 million a year in Canadian revenue are exempt from registration requirements and that only streamers over $10 million need to submit basic identification like a contact person and what broadcast services are provided.

This registration and collection of information was discussed in detail during 54 days of legislative hearings for Bills C-10 and C-11, the most thoroughly debated Canadian legislation in recent memory. Podcasting was never ruled out (nor did the opposition Conservatives suggest it). So it’s not a surprise.

Students of media trivia will recall that in 2014 when CRTC Chair J.P.Blais asked the unregulated Netflix to provide subscriber numbers to the Commission, they defied him, relying upon the immunity of foreign-owned streamers from Canadian regulation. No more, thanks to C-11.

No matter. The usual Canadian suspects joined in with faux outrage at the prospect of the Internet age evolution of talk radio broadcasting, podcasting, was actually going to be regulated in some manner yet to be determined by the CRTC, as if there had ever been any doubt about that.

The allegation was even made that the CRTC had promised not to regulate podcasting: this is nonsense, the Commission website only re-stated what the Heritage Minister and the CRTC had told Canadians several times, that podcasters and all other “social media creators” uploading directly to hosting sites like YouTube would neither themselves nor their “programs” be regulated so long as they stick to sharing platforms.

Even Michael Geist (who defended Netflix’s defiance in 2014) won’t have to register. His owned, operated and self-curated website michaelgeist.ca, includes podcasts but no doubt falls just a nub under $10 million in revenue. Same for TheHub.ca, Canadaland, etc.

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