Catching up on MediaPolicy – Netflix is Rex – Miller is minister – CRTC vets Meta’s news ban

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December 7, 2025

This week’s blockbuster news is that Netflix edged out Paramount to buy Warner Brothers for $82 USD billion. The deal immediately depleted the supply of adjectives at the disposal of media analysts. 

If the deal closes as scheduled in late 2026, Netflix buys up the world’s biggest movie archive and keeps it out of the hands of a major rival with the second biggest (Netflix is number three).

Netflix is paying a heavy price tag and arguably overpaid (you know who pays for inflated merger valuations, it’s subscribers and workers). Netflix goes from its status as the streaming industry’s 900-pound gorilla to, I dunno, T-Rex stature?

The public commentary on the deal is mostly doomsaying. 

It speeds up the chiselling of the tombstone for the theatrical release industry.

In a press release, Netflix CEO Ted Sarandos said shareholder value would flow from adding HBO and the full Warner Brothers archive to the Netflix “best in class streaming service:” his pro forma commitment to theatre release was relegated to a subordinate sentence clause.

But if the merciless dispatch of theatrical-release seems inevitable, and just the law of the marketplace jungle, what is of long term concern is the anti-competitive effect on the pipeline of big-budget premium video entertainment. The Globe & Mail’s Barry Hertz has a good analysis here.

The Netflix deal is a prime candidate for anti-trust review by the Trump administration (especially as Netflix outbid Friend-of-Trump Paramount). 

That review could go in any direction but things to watch for include (a) Trump reviving his threat to levy tariffs on foreign movies and the offshore shooting of Hollywood blockbusters, and/or (b) using the anti-trust hammer to get something that he personally wants, which could be commitments to US-based production or some vanity trophy we can’t imagine right now.

It’s not that Sarandos can’t see that coming. In his press release he said the acquisition would allow Netflix to expand its US based production, a gimme that doesn’t commit him to a rate of new releases equal to “Netflix plus Warner Brothers” but only “Netflix plus a dollar.”

Any Trump-driven re-shoring of studio production could hurt the two offshore leaders of Hollywood production, the UK and Canada (and hurt Hollywood too, but that’s a longer discussion).

Beyond that, the effect on Canadian-owned broadcasting could be massive. Netflix is buying Warner Brothers’ Home Box Office streaming service and catalogue which may or may not be integrated into the Netflix platform, once subscription pricing is figured out. The press release suggests HBO content will be on the Netflix platform, at least in the US. 

Here in Canada, there is no HBO streaming service and Bell Media holds the exclusive license to distribute HBO on the only Canadian streaming service of consequence, Crave TV.

You would have to question whether Netflix has any interest in continuing that Canadian licensing arrangement when it expires and, in fact, Netflix has an excellent opportunity to severely wound its only Canadian-owned competitor.

Without that profitable HBO content, Bell’s ability to keep funding Canadian content takes a big hit. 

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Canada has a new Heritage minister, Marc Miller.

That’s the fallout from Steven Guilbeault’s cabinet resignation over Prime Minister Mark Carney scrapping the Trudeau/Guilbeault policies on oil production, emissions, pipelines, oil tankers and clean energy regulations.

Miller continues a long tradition of the Liberals appointing an MP from the island of Montréal to the Heritage portfolio.

But of course Miller is the first anglophone the Libs have picked for that job since Hamilton’s Shiela Copps —-who was born ready to butt heads with the US on cultural sovereignty. She did the job from 1996 to 2003 under Prime Minister Jean Chrétien. 

The feisty Miller is prone to speaking with candour, as a rule. That’s already got him into a spat with CAQ premier François Legault who didn’t like Miller insisting on making a distinction between “the decline” and “fragility” of the French language in Canada and Québec. The Bloc dutifully piled on.

Guilbeault was the federal champion of Canadian and French language content in Québec and as the new Heritage minister no less will be expected of Miller. His life will get very interesting in about six months when CUSMA negotiations begin.

Will Miller become the political reincarnation of Shiela Copps? It’s up to Mark Carney, just as it was up to Jean Chrétien.

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It looks like the CRTC’s investigation into whether Meta is selectively enforcing its made-in-Canada ban on news content has come an end. The CRTC’s brief discharge letter to Meta was published last week.

You can still find news items on Facebook and Instagram in Canada, despite Meta’s avowal that it banned news to take itself outside of the scope of the compulsory licensing of “news content” in the Online News Act.

Meta must have satisfied the Commission staff that it is sticking to its ban by taking down news items posted by Canadian users and by deleting user screenshots of articles. If you want to know how the Commission reached its conclusion, you won’t find it in the letter. 

What remains unresolved, or perhaps resolved only to the Commission’s private satisfaction, is Meta permitting posts from news outlets like Narcity and The Peak who successfully applied to Meta for what they describe as “exemptions” from the news content ban.

Without more transparency, one can only guess if Meta’s exemption of hand picked news outlets violates the statutory prohibition against digital platforms discriminating for or against selected news outlets. 

In the case of Narcity, its publisher claimed that Meta granted an exemption because Narcity was refused certification for federal journalism labour tax credits on the grounds that it doesn’t publish enough original news on current affairs. 

But certification for federal subsidies program doesn’t mean that a news outlet isn’t producing some news content, or pieces of news content, as defined by the Online News Act, which Meta says its banning to avoid paying for it. 

The Peak also recently announced that Meta gave it “an exemption” and I invite you to have a look at the news articles it’s allowed to post on Facebook and Instagram.

If you go looking, keep in mind that the “news content” that Meta is supposed to be banning in order to escape the gravitational pull of the Act includes “any portion” of news content. 

The Commission’s original inquiry into the news ban appears to have been its own idea, so the fact that it hasn’t published its reasons at any length is not a total surprise. No Canadian news organization has filed a complaint. 

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This blog post is copyrighted by Howard Law, all rights reserved. 2025.