The high stakes of defunding the CBC

April 18, 2025

The gladiator stands staggered on the sandy floor of the Colosseum, waiting for the thumbs up or down. On federal election day, April 28, the CBC will discover its fate: live or die.

The Mark Carney Liberals have promised to defend the Canadian Broadcasting Corporation and even increase its funding.

On the other hand, Conservative leader Pierre Poilievre “can’t wait” to keep his promise to defund all English-language services of the public broadcaster as no longer needed. “The CBC provides opinions and coverage that are widely available in a competitive media marketplace,” states the CPC with confidence….

….Continue reading at PolicyOptions.irpp.org in English or en français

Catching Up on MediaPolicy – Zuckerberg on trial – Poilievre endorses Liberal DST – No merger deal at CN2i – North of Netflix

April 12, 2025

The stock markets roiled by Donald Trump’s tariff yo-yo vaporized a lot of personal savings (ouch), but especially if you held Big Tech stock. Or owned the company. 

Alas, shed a tear for Zuckerberg, Bezos, Musk and the bros. It must be a weird space to be in: grovelling before Trump in the hopes of an unimpeded path to worldwide AI “dominance,” losing billions in share value on any given day of the week and fending off federal anti-trust lawsuits.

The Washington Post has a good story on this.

The US Federal Trade Commission’s anti-trust suit against Zuckerberg’s Meta starts at the trial level on Monday and is expected to go day to day through July. The government is challenging the Facebook-WhatsApp-Instagram business as an anti-competitive monopoly in “personal social networking services.”

Matt Stoller will be covering the trial in his Big Tech on Trial Substack.

Here’s the kernel of his analysis from his opening post describing the legal battle to define “the relevant market” that is allegedly manipulated by Meta market power:

As the politics play out, the FTC’s litigation team has its work cut out for it on showing monopoly power. 

To win its case, the FTC must prove that Meta has a monopoly in a relevant market, and that its acquisitions of Instagram and WhatsApp helped Meta maintain that monopoly through something other than competition on the merits.

The FTC can show monopoly power with direct evidence, like the ability to profitably raise prices or diminish quality. But because Meta does not charge consumers money for its services, it’s difficult to show the classic direct evidence of a price increase. Even so, the FTC has introduced evidence that Meta can engage in price discrimination, one sign of market power, by increasing the number of ads shown to users who have greater demand for social networking. In any event, the FTC will likely rely on indirect evidence of Meta’s market power: high market share plus the existence of barriers to entry that prevent others from whittling away at Meta’s share.

Underpinning whether Meta has a monopoly is the threshold question of how to define the “relevant market” in which it has that power. The relevant market for assessing competition is twofold: a product market and a geographic market. The FTC proposes that Meta is a monopolist in a market for “Personal Social Networking Services” (we’ll call it the “PSN market”) in the United States, which is distinguished by a social purpose: a way to connect with family and friends. Inside that market are Facebook, Instagram, Snapchat, and MeWe. Meta, for its part, disputes that definition and points to other apps that it says it competes with, like LinkedIn, Reddit, and YouTube. The bigger that Meta can make the relevant market, the smaller Meta’s market share in that market, and the more likely it is to defeat the FTC’s case.

***

After keeping his head down on the merits of Chrystia Freeland’s Digital Services Tax on big tech operations in Canada, CPC leader Pierre Poilievre has offered his muted endorsement, tax or no.

“The principle is a fair idea,” he told reporters on the campaign trail. “It’s that these businesses earn revenue here in Canada, so the principle is that they should contribute where they earn the revenue. So I think, on this question, we should keep it in place.”

The Conservatives endorsed the DST in their 2021 election platform at the rate of 3% of Canadian operating revenues, the same amount adopted by the Liberals last year. 

The Liberals in 2021 promised a “minimum global corporate tax.” It was successfully negotiated with the US Biden administration but blocked in US Congress and repudiated by the Trump administration. The fallback DST of 3% was implemented instead. 

***

There’s an industry buzz created by Netflix about its launch of Red Marrow Media’s North of North, the drama-comedy series shot in Iqaluit and premiered on CBC and APTN.

That’s interesting for many reasons.

Because of federal regulations, the Canadian independent producers who made the series retain the intellectual property in the show, including the global streaming rights they licensed to Netflix which was a major pre-production investor.

That in itself is hardly unprecedented and neither is it surprising that Netflix is making a big deal of its investment and licensing deal because of the ongoing battle over its obligations to broadcast Canadian content.

What’s more noteworthy is the reporting that the production infrastructure costs of shooting in the high north were so steep that CBC, APTN and Red Marrow —the recipient of all manner of tax and broadcaster subsidies to make the series —— needed a deep pocketed foreign streaming partner to make a show with high on-screen production values and an authentic locale (as opposed to shooting in Sudbury).

It’s a reminder that our television subsidy regime feeds shows that are a million dollars per episode, not five million like American hits.

The CBC is by far the biggest spender on Canadian dramas and comedies at $195 million per year (Bell is second at $93 million) but it still has to spread that cash far enough to cover several series each season in different regions of the country, as viewers and taxpayers expect. 

Speaking of the CBC, I’ve got an analysis of the defund v. defend debate coming out next week on the Institute for Research on Public Policy’s website Policy Options.

***

For those of you who wanted to know when the CRTC would reschedule its public consultation on radio and audio streaming, it’s September 18th.

The video and television hearing kicks off on May 14. The consultation on “market dynamics and sustainability” (the gatekeeping of content distribution) begins June 18.

The three-day court date for the streamers’ legal challenge to the CRTC’s five per cent levies benefiting Canadian media funds is set for June 9. 

***

The possibility of a merger between Montréal’s LaPresse and the six financially vulnerable “CN2i” Québec news outlets is off.

The LaPresse offer to CN2i staff, which reports imply required an unpalatable number layoffs, was blocked at the last minute and LaPresse informed its own employees that merger discussions were at an end.

With LaPresse out of the picture, Pierre-Karl Pélédeau’s Québecor appears to be poised to make its own merger offer to CN2i. The media-telco conglomerate Québecor owns daily tabloids in Montréal and Québec City as well as the TVA television network and Vidéotron cable.

***

It’s always important to media policy to keep an eye on long-term audience trends, especially in news programming.

ThinkTV is the media marketing group that regularly pumps out polling numbers to remind advertisers where the customers are watching, listening or reading.

Its latest report affirms that television and radio continue to hold their own as the top and third most popular media respectively for national news. The way the polling chart is laid out, you can see that mainstream media is vested in video, audio and text, online or otherwise:

On the same note, American media whiz Evan Shapiro has a new post where he suggests that local news is in high demand regardless of age cohort, although he sees a watershed between GenZ/Millenials and GenX/boomers in terms of platform preferences.

The task is for local TV and radio news operators is to fish for the younger generations where they swim.

None of this is breaking news, but it’s Shapiro’s chart that caught my attention. Check out the age statistics on this one (keeping in mind it’s the American market):

***

And lastly, I recommend Ken Whyte’s latest blog post on book publishing and the trade war. This quote stayed with me:

Search ‘books and tariffs’ on Google and you’ll find a bunch of articles in which booksellers and librarians are begging to dodge the draft into Buy Canada. Frankly admitting that they depend overwhelmingly on US product, they’re asking Ottawa to exempt American books from Canada’s slate of retaliatory tariffs. Otherwise costs will rise, customers will be unhappy, business will suffer. We’ve locked arms with Danielle Smith. 

***

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

Catching up on MediaPolicy – Carney’s CBC platform – Rogers renews NHL deal – Google’s Richard Gingras joins Village Media

The latest from Canada Post

April 5, 2025

On Friday the Carney Liberal campaign announced its CBC/Radio Canada platform.

The headline is a promised increase of $150 million to the existing $1.4 billion annual Parliamentary grant.

The Liberals’ messaging is that the CBC must be better funded to complete its mission of strengthening local news while neutralizing misinformation.

This is the same pitch that Heritage Minister Pascale St.-Onge made in February when she proposed doubling CBC funding to strengthen Canada’s news media in counterbalance to American-controlled and Big Tech-dominated media.

The Carney campaign is on board and signalled a long-term goal of increasing Parliamentary funding to close the gap with the per capita financing of public broadcasting in the UK, France, and Europe.

Carney also indicated he would pursue St.-Onge’s proposal to enshrine long-term funding in the Broadcasting Act instead of it remaining subject to the budget cycle.

Perhaps a surprise is that the Liberals have no plan to attach the new money to CBC exiting the advertising market.

Carney’s disinterest in St.Onge’s proposal to direct the CBC to stop selling advertising on its public affairs programming may be a pragmatic concession to the fact that the CBC’s $275 million yearly intake of ad revenue still exceeds his proposed budget increase of $150 million.

As far as I know, there is no public figure identifying how much of the CBC’s $275 million in ad revenue is connected to public affairs content. In its 2021 election platform, the Liberal Party promised $100 million annually to the CBC for withdrawing advertising from news and public affairs programming but the platform was never implemented.

***

The business journalists of the land have already done a thorough job covering the renewed $11 billion, 12-year hockey rights deal between the NHL and Rogers for Canadian audiences.

In a world of escalating costs for sports rights, it’s not surprising that the price doubled since first inked in 2014. The consensus view is that Rogers badly needs Canadian NHL teams to go on deep playoff runs over the next decade if this deal is going to pay. 

Rogers owns the Toronto Maple Leafs so it follows that a national broadcasting policy supporting Canadian companies should require the Leafs to win the Cup every year. I am sure you agree.

Two, more serious, reflections on how this deal fits in with broadcasting matters:

First, it’s important that it was Rogers (or any Canadian broadcaster) that secured this multi-year deal given that Apple, Amazon and Paramount are always sniffing around for major league sports rights. 

Second, the renewed deal makes it possible to continue the strange accommodation between CBC and Rogers that has been well covered in the media, especially David Shoalts’ 2018 book, Hockey Fight in Canada.

In 2014, Rogers outbid both Bell and the CBC for the public broadcaster’s national hockey rights. (CBC was never seriously competitive in the high-stakes auction).

But the story had an ugly epilogue. The CBC was awarded the consolation prize of broadcasting Saturday night national hockey as an extra platform for Rogers. For free. The advertising revenue for those CBC broadcasts went entirely to Rogers while CBC even agreed to pay its own production costs.

In the deal with CBC, Rogers obtained a truly national distribution of its broadcasts (its six City-TV stations can’t match the CBC network of 27 local stations), the better to monetize its rights so it can pay the NHL. 

By broadcasting Rogers’ games for free, the CBC got relief from filling a gaping hole in its prime time TV schedule with costly alternative programming. Rogers predated on that vulnerability. 

In the end, the public broadcaster has less revenue to pay for non-sports programming. The NHL gets paid. Rogers gets windfall revenue at the CBC’s out of pocket expense. And, considered from this angle, Canadian taxpayers are subsidizing Rogers and the NHL. 

***

This week in Canadian news journalism’s Inside Baseball

Richard Gingras has joined Jeff Elgie’s Village Media as Board chair.

That’s a big-time free agent signing, as they say in baseball. 

Gingras was for many years Google’s global Vice President for News. That made him the point-man for Google’s efforts to defeat legislation in Canada, Australia, Europe and (successfully) in the United States; legislation tithing Google to pay mandatory licensing fees for news content linked on Google Search. 

Google continues to argue to this day that the presence or absence of news content makes no difference to its 90% market share of global search.

Canadians will remember the Google public campaign —including a short lived news throttle—during Parliamentary debates over the Online News Act Bill C-18 and then its renewed threat to throttle news permanently after the legislation was passed. As New Zealanders are now discovering, that’s still page one of the Google playbook.

Gingras remains a senior advisor at Google.

Village Media is, like most Canadian news outlets, a recipient of Google cash. But Elgie has been vocally opposed to the compulsory nature of C-18. Also Elgie was part of the Canadian Journalism Collective’s coalition of small independents that won Google’s favour to become the administrator of Google’s $100 million in C-18 payments to news outlets. 

Just prior to Village Media’s announcement of his Board appointment, Gingras published an elegant rumination on the importance of journalism in liberal democracy that I would tack on to a recommended reading list along with Sean Illing’s Paradox of Democracy and Yuval Harari’s Nexus.

The mercifully shorter piece by Gingras tracks the argument made by Illing and Harari that liberal democracy contains the seeds of its own destruction.

By this they mean that liberal democracy’s centrifugal strength and centripetal weakness is in each case our unfettered freedom of expression, the essential ingredient to a democracy that protects rights and minorities but also the opens the door wide to demagoguery and the populist tyranny of the majority.

Gingras has a few things to say about the role that journalism can play in saving liberal democracy.

One way is for journalists to “practice the discipline,” to pursue objectivity in news reporting in the same manner that we expect judges or police officers to pursue objectivity in their own public roles.

Another way is for community news organizations to build citizen engagement that keeps the focus on civil dialogue and tolerance, the key to respecting the rights of citizens.

On this point he shouts out the work of Nobel Peace Prize winner Maria Ressa’s Rappler and Village Media’s emerging media project Spaces.

In an interview I had with CEO Jeff Elgie last year he described Spaces as a cross between Facebook and Reddit, a volunteer-moderated chat board for local communities with sub-chats such as things to do, local history, welcoming new Canadians, and local walks and photography.

Gingras and Elgie think Spaces is the next big thing, so I am eager for the Toronto Space to launch.

***

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

The CBC reborn: MediaPolicy’s view

(10-minute read)

March 29, 2025

The future of the Canadian Broadcasting Corporation hangs in the balance, waiting for the verdict of thumbs up or down. Live. Or die.

We know where the two major political parties stand on this.

If Pierre Poilievre wins a majority in the April 28th federal election he will move quickly to “defund” English-language CBC services. An omnibus bill will remove legal impediments in the Broadcasting Act and his budget will eliminate up to $1 billion in federal spending. If he has that Parliamentary majority don’t be surprised if he also breaks his campaign promise and slashes the Radio-Canada budget, to fend off a caucus revolt over sparing Québec.

Meanwhile the Carney Liberals will be for “saving” a “new” CBC. Voters in Québec expect no less. And in English Canada there are NDP supporters to be poached.

We’ll see if it gets any more complicated than that, but I doubt it. “Defund” or “save.” That’s the choice.

Naive souls like myself would have preferred to have framed this choice within a thorough public debate, even a royal commission, to investigate what it means to defund, save or reinvent the CBC.

There’s a public appetite for this thoughtfulness. It’s worth remembering that an October 2024 poll put the hard core “defund” forces at only 11% of Canadians. An earlier poll found that 76% of Canadians want to keep the CBC but half of that support wants to see “changes.” Heavens knows what “changes” means. That’s where a more considered public policy debate might have helped.

The stale polls on public satisfaction with the CBC may no longer matter. Donald Trump moves the opinions of Canadian voters in a tweet. Fighting off his annexation plan without a CBC: what a scenario that is.

MediaPolicy did its part in stimulating a more fulsome debate, publishing interviews with several commentators who know more about the CBC than I do: Chris Waddell, Richard Stursberg, Ian Morrison, Peter Menzies, Holly Doan, Kate Taylor and Kevin Desjardins. I could have knocked off a couple more.

My hat is off to the grass roots campaigns to save the CBC; not just the Friends of Canadian Media‘s cheeky campaign to “FU__ the CBC,” but also the chat groups popping up on Facebook and Reddit.

But now having the benefit of the views of others, I have something to say that’s a little different.

***

Senator Andrew Cardozo

My starting point is a Parliamentary report on the CBC just released by Senator Andrew Cardozo, “CBC-Radio Canada: An essential service.”

The Senator (“don’t call me Senator,” he likes to say) ticks a lot of boxes for me. He’s a Canadian cultural sovereigntist. He asks more questions than he makes speeches. He’s unfailingly civil. Like most of the Independent Caucus senators appointed by Justin Trudeau, he carries on Senate business in a collegial and non-partisan manner despite his Liberal connections.

Having said that, I don’t agree with everything he recommends. But he got the big stuff right.

***

Cardozo’s big idea is this: cultural sovereignty is essential to Canada. And the CBC is at the heart of a news and media ecosystem that delivers this sovereignty to Canadians. The CBC employs a third of the country’s journalists and is by far the biggest spender on televised Canadian dramas and comedies set in locales across the country.

To agree with Cardozo’s view, you have to let go of the notion that a free market in news and cultural content — a free North American market– is sufficient to nourish and defend our cultural independence. It also means giving up on the argument that the existence of the CBC is only justified where there is a demonstrated “market failure” of Canadian media, like our far north. That’s a journey into the black hole of “which market?” and “how much failure?” from which I suggest no light will escape.

Cultural minorities in Canada have always understood in the pits of their stomachs what cultural sovereignty means to them. It means survival. It means to breathe. Francophones in Québec and the rest of Canada get it. Indigenous peoples get it. Anglophones in Québec, too.

Us garden variety English-Canadians, not so much. American culture is everywhere and tasty too. Until recently, the Americans kept their crazy politics on the other side of the border, so why worry? Vancouver’s sassy libertarian YouTuber J.J.McCullough liked to say we are cultural “North Americans” and “I’m fine with that.” It’s not an uncommon opinion.

Then Donald Trump announced his plans to reduce our economy to rubble and annex us. Or just turn us (and Greenland) into a vassal state.

The crazy politics have now swept across the border. As Senator Cardozo says in his report, the times demand an independent Canadian media ecosystem. It’s unlikely any Canadian disagrees. The CBC is the key institution in that ecosystem, he says, and the polls suggest Canadians agree with that too.

Cardozo recalls that the 1928 report of the Aird royal commission proposed a cross-country network of publicly owned Canadian radio stations —later christened the CBC— as essential to defending our popular culture and democratic spaces from being dominated by American voices. If anything, the situation a century later is far more urgent.

***

Here’s the Cardozo plan.

First, forget more money for the CBC, at least for now in this moment of national crisis. That means putting off the widely applauded proposal that the CBC relinquish it’s $270 million cut of the advertising market, which would be a 14% reduction of its finances when we need the CBC the most.

I admire the Senator’s pragmatism but would prefer to rephrase his idea as “let’s get the CBC house in order before we ask Canadian taxpayers for more money.”

Second, make a big bet on local news. No more thoughts and prayers about the growing pockets of news poverty and news deserts in rural and small town Canada, but action lead by the public broadcaster shifting resources away from national news coverage and “radically reducing the budget of national headquarters (Toronto, Montréal and Ottawa).”

In advocating for local programming, Cardozo has picked up on the points made in this country by the Michener Foundation and the Friends of Canadian Media and in the US by Rebuild Local News. Our democracy is fraying because of political polarization fuelled by national politics, while Canadians’ less polarized engagement with local democracy and community events is threatened by the financial precarity of local news outlets.

Public opinion polls repeatedly say that Canadians “trust” local news above all media sources. There’s a craving there to be satisfied.

Cardozo’s proposal for the CBC to double down on local news is compelling. But there are many devils in the details. One is whether this is a good time to cannibalize the CBC national news budget at a time of national emergency. Another is how to divert the CBC’s journalism resources into local markets without elbowing private media outlets in the face. That might have been what the CBC just did by expanding its local coverage into local markets with its $7 million in “Google money.”

The senator’s report does have a practical idea that could be put to good use: “sharing content.”

There have long been proposals for the CBC to share its editorial content with private news outlets, waiving copyright. That could go much deeper with a bigger CBC commitment to joint investigations with private news outlets in local markets. Or the CBC could take a page out of the BBC’s book: the 165-journalist Local Democracy Reporting Service that assigns BBC-paid journalists to work for local news outlets.

Next, the third Cardozo idea is really several issues rolled into one: how to drain the political venom about the CBC out of the public sphere. That means confronting issues of public trust, alleged bias, and accountability.

It must be said first that the griping about “CBC bias” doesn’t measure up to the facts.

Repeat after me: CBC News is the country’s most trusted news source. The slightly overweight negative trust ratings suggest the “defunder” hostility is taken into account.

from Pollara Poll, July 2024

But citing this impressive verdict on the CBC’s trustworthiness is not a get-out-of-jail-free card for its journalism. When you report in the opinion minefields of Gaza, pipelines, and (insert controversial issue here), mistakes are going to loom large. Doing better, more disciplined news reporting is an ongoing project for any news organization. Being publicly owned, the CBC has a higher bar to meet.

Cardozo has some good suggestions.

He’d like the CBC to regularly commission and publish external audits of its news coverage. It won’t convince the CBC haters, but it’s useful if it’s something that CBC managers would go to bed worrying about. I imagine they already do. But Cardozo would make this an important tool in public accountability and transparency.

He’d also like to see more debating of public issues on CBC platforms to foster a stronger Canadian culture of intellectual curiosity and tolerance of different opinions. Amen to that.

Another of his proposals is to eliminate the CBC’s in-house editorial Ombud as the arbiter of public complaints, rerouting critics to the industry-administered Canadian Broadcast Standards Council instead.

I’m not thrilled by this idea. There’s too big a volume of complaints to dump them on someone else’s desk. The Ombud reports are quite fair, if you read them. And you can always appeal to the CRTC. Cardozo acknowledges this an optics issue.

But the elephant in the room is that too many Canadians view the CBC as —how shall we say—- insufficiently representative of what makes them feel Canadian.

Too urban. Too central Canadian. Too insulated from those that pay the tax bill.

You can dismiss these dyspeptic public attitudes if you want. After all, the polling supports a far higher degree of satisfaction than dissatisfaction. For sure, some of CBC hating is a culture war cynically fomented by political foes who want to diminish mainstream media, the better to fill that void with right-wing opinion.

But we have a historic opportunity to make popular satisfaction with the CBC deeper and wider if we face the dyspepsia head on.

Cardozo’s big idea (and others including the government’s expert committee have proposed it too) is to implement a version of the British practice of a social contract between the public broadcaster and the people’s elected representatives.

That negotiated BBC charter secures multi-year funding for an eleven-year term, freed from the gyrations of annual government budgets, in return for specific performance expectations. At the expiry of the charter term, it’s judgment day for the public broadcaster.

A CBC charter would be about more than long-term planning and financial stability. It could be a new and different way to make the CBC accountable to the people and for it to feel real in doing so.

Contrast the charter idea to the accountability we have today. Currently the Broadcasting Act provides apple-pie policy objectives for the CBC, but few specifics. The Prime Minister handpicks the President of the corporation to manage the place for five years. The CRTC weighs in with five-year licensing conditions for the CBC to earmark spending for different programming genres. The last time around the CRTC botched it and was directed by cabinet to try again.

This type of governance of the CBC might hit the right balance of accountability versus keeping the ruling party’s mitts off of programming decisions and the day-to-day management of the corporation. But it does nothing to make Canadians feel that it’s “our” CBC.

A CBC charter would be better. Going in that new direction still retains a threat to the CBC’s independence from government: which political party will be in power when the charter expires and is up for renewal? The BBC just dodged that bullet when an election expelled “defunder” Conservatives and welcomed a Labour government. But Cardozo would argue it’s still better than our current approach. It is.

MediaPolicy has two other ideas to institutionalize more public confidence in the CBC.

First, move CBC headquarters from Toronto to Winnipeg. Sounds crazy, I know, but hear me out.

Much of the disaffection with the CBC is articulated as the public broadcaster being a central Canadian hyper-urban “woke” institution. Fairly or not.

So “leafy downtown Toronto”.” So “île des génies.”

The gloss on that critique is that the CBC’s programming content gets torqued towards audiences and advertising dollars in the Toronto and Montréal television markets.

And one can only add this respectfully: a staff of journalists and content creators living in big cities are naturally inclined to be culturally simpatico with the urban neighbourhoods where they reside. That’s a problem for a national institution.

Moving headquarters and staff anywhere is a big, hugely expensive deal. It’s a lot to ask in the name of moving the needle on staff culture and assuaging hinterland hostility to the Toronto and Montréal metropoli. And if it’s done, it should be gradually and without hemorrhaging experience and talent.

The second MediaPolicy idea is even more out of the box, but bear with me.

We should legislate a constituent assembly of randomly chosen CBC listeners, readers and viewers ——200 from one end of the country to the other—- to convene every two years and publish its assessment of the CBC’s performance and direction. This would be especially helpful in shining a light on what Cardozo describes as the CBC’s “blind spots.”

In the corporate world, they call these shareholder meetings. In the public world, they call them town halls. A constituent assembly would give CBC managers and elected politicians better feedback than high-level polling results. It would offer cogent (or not) thoughts about the CBC from Main Street Canada.

***

The idea of a robust CBC anchoring an independent (of the US) Canadian media is of the moment. “To let it go,” says Cardozo of defunding, “would allow for the complete domination by America of our communications system.”

It’s commonplace to observe that American-owned social media platforms are the perfect conduit for misinformation to flood into Canada in a prolonged Trump campaign to destabilize and annex us. It’s also hard to ignore that the Republican blueprint to move the US much further to the right, the Heritage Foundation’s Project 2025, advocates the elimination of government funding to public broadcasting on the explicit basis that it’s “left-wing.”

But there are still those that would argue that a strong Canadian media can and should do without the CBC except in localities where audiences are so sparse that the private news enterprises can’t succeed.

That’s tied in to yet a longer discussion of the financial viability of Canadian news reporting (as opposed to news opinionating) and whether to continue federal subsidies to news journalism.

The same policy conundrum applies to non-news programming. With Canadian private broadcasters so pinched that they are demanding relief from CRTC mandates to produce local news and Canadian entertainment content, how big a cultural hole might there be to fill if the CBC isn’t there to do it?

***

If the CBC survives and isn’t defunded by the next government, there’s an opportunity to make profound changes, as outlined in this post.

But even without big changes, the new President of the CBC Marie-Philippe Bouchard has an inbox full of strategic and programming decisions to make right away.

Forty million Canadians have forty million opinions on how to do that, some of them based on nothing more than our idiosyncratic cultural tastes and technological preferences.

Bouchard must manage unreasonable and unmeetable expectations with tough management decisions on complex questions.

Should the CBC stay on every major media platform, treating each as equally important? Or should it make bigger bets on fewer digital channels?

Would we be better off with one CBC Radio network instead of two, despite the strong ratings?

Should the CBC invest more of its television drama budget in high-budget iconic Canadian shows or keep faith with charming serials in authentic local settings?

Should the CBC find its way back into sports, avoiding the unaffordable price tags of big league programming rights?

If the CBC puts more into local news, what programming is going to get less?

These are management decisions that almost none of the forty million have an educated opinion, informed by a detailed knowledge of audience data and budget dollars.

As Richard Stursberg signed off on his advice to the new president Bouchard, “good luck.”

***

That’s the MediaPolicy view.

Let me close by recalling that one of the experts MediaPolicy interviewed in December, Peter Menzies, may have nailed it when he said the CBC’s “biggest problem is not that – at least for the English part – so many Conservatives want to kill it, it’s that a large number of people just don’t care if it lives or dies.”

I doubt that’s true any more, thanks to Donald Trump’s plan for Canada. But if the next election keeps the CBC alive, instead of killing it, a rebirth of the public broadcaster is an historic opportunity not to be squandered.

***

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

Catching Up on MediaPolicy – Say his name – Shopify’s Tech Bros have their sights on Canada – MAGA puts PBS and NPR on trial

March 27, 2025

Earlier this week MediaPolicy published an interview with the chief spokesperson for Canadian broadcasters, Kevin Desjardins. The President of the CAB pitches his case for a new regulatory bargain between Canadians and the 68 private sector media businesses that form his Association. 

However the CRTC’s hearings on said regulatory bargain are now on hold. As expected the Commission has paused three key Online Streaming Act files for the duration of the federal election period: video content policy, audio content policy and gatekeeping in media distribution.

The media policy scene now switches from the pageantry of CRTC hearings to the battlefield of electoral politics. The contestants in the run up to the April 28th election will no doubt spark debate over media policy. We’ll have to wait for their official election platforms.

But a reasonable prediction is that media policy won’t get much traction beyond the political class —with the exception of CBC funding, which will be consequential— while the leaders and voters will be focussed on whatever Donald Trump wants us to be, for example 25% auto tariffs and more coming next week.

In the coming weeks I will try to address both the trade war (if it affects Canadian media and cultural sovereignty) and media policy.

As for the trade issues, I was unsuccessful in provoking the CAB’s Desjardins on what Trump means for Canadian broadcasting. He only speculated that a tariff-induced recession would affect advertising revenues for everyone, including broadcasting. 

That’s a bit like refusing to say “Voldemort.” 

The main lobby groups for Hollywood and Big Tech have been demanding the White House begin a scorched earth trade war against Canada ever since Parliament enacted the Online Streaming Act and the Online News Act in 2023, followed by the much delayed Digital Services tax in 2024.

Those expected industry demands were dutifully transcribed into formal warnings delivered to Canada from the US Trade Representative (a member of the Biden cabinet) that the US considered Canadian legislation might violate our CUSMA free trade deal. But you will note that the Biden White House did not act on those threats.

Long before Donald Trump got the idea of launching illegal tariffs in defiance of the CUSMA agreement, US trade strategy included a Break-Glass option of just ignoring the cross border trade agreement and launching tariffs against Canada under section 301 of the US Trade Act.

The last time occurred in 1999 in response to Canadian legislation impeding split-run magazines like “Sports Illustrated Canada” that were trade dumping into our domestic market. At least in that case, the US had won the trade litigation at the World Trade Organization before it set a deadline for section 301 sanctions against Canadian steel, plastics, and wood products.

This time around, Hollywood and Big Tech definitely have their “Break-Glass” man in the White House.

The official spokesperson for Big Tech, the Computer & Communications Industry Association (CCIA), has been filing briefs on Capitol Hill and with Trump’s Trade Representative demanding retribution for Canadian legislation.

Note to file, Canada’s Shopify belongs to the CCIA.

CCIA briefs are always packed full of allegations that foreign countries are violating this or that chapter of trade agreements. The better to load up the bargaining table. For the benefit of US legislators, CICA’s rhetoric is salted with bewildered outrage that foreign legislatures are regulating global American enterprises.

The trade allegations should not be dismissed out of hand just because they are inflammatory. But the CCIA sometimes loses touch with reality. In 2023 a CCIA brief informed US legislators and the US Trade Representative that Canada had once agreed that in exchange for the US not retaliating against Canadian regulation of US television access to our domestic market we would  never regulate broadcasting over the Internet. It was a brazen fabrication. And the Biden White House no doubt ignored it. 

The CCIA’s opening salvo in the anticipated Trump trade war was delivered this past December in a 238-page aggregation of Big Tech’s trade allegations against 53 countries and the 27-state European Union.

Although trade deficits and surpluses are irrelevant to whether trade agreement have been breached, the CCIA got right to the politics by pointing out that “digital services and goods represent a key driver of US export power, with the technology industry delivering a hefty digital trade surplus of $266.8 billion for the United States in 2023.”

Put plainly, Big Tech does some heavy lifting in keeping the overall US trade deficit lower. 

In a new filing in January, Big Tech put its emphasis upon America’s interests in intellectual property that, says the CCIA, is impacted by “discriminatory non-tariff barriers” (i.e. regulation) in Canada, Australia, New Zealand and the European Union.

The point of course is not whether such “non-tariff barriers” exist, it’s whether they are truly discriminatory against US companies competing in foreign markets and violate the trade agreements that the US negotiated, signed and ratified with these countries. “Non-tariff barriers” may be the pretext for Trump tariffs next week.

In February, the CCIA got down to brass tacks, providing the US Trade Representative with its list of priorities for trade action.

Top target: the Digital Services taxes imposed by 14 countries, including Canada

Next: news licensing payments to journalism outlets (Google money) in Australia, Canada, and the EU.

Next: for US video and music streamers, domestic content requirements and cultural cash levies in Canada, France, and other EU countries. In other words, eliminating the Online Streaming Act root and branch. 

And so on. The CCIA is also targeting potential Canadian regulation of high-impact AI systems contained in our Bill C-27 (proposed legislation that died in January when Parliament was prorogued).

Whether any of that fits into He-Who-Must-Not-Be-Named’s plan to hit Canada and the rest of the world with “reciprocal tariffs,” we may see that on April 2nd.  

***

Canadian legislators aren’t the only politicians with a taste for staging show trials of public broadcasters.

Yesterday MAGA ultra Marjorie Taylor Greene convened US Congress’ new Subcommittee on Delivering on Government Efficiency with subpoenas issued to PBS and National Public Radio. 

The committee session was officially dubbed “Anti-American Airwaves.” No hidden agendas for Greene: “I think the important thing for Americans to ask is: Is this where our taxpayer money needs to go? To extremely left-leaning broadcasting and political bias that doesn’t represent all of America?

“[PBS and NPR are] radical left-wing echo chambers for a narrow audience of mostly wealthy, white, urban liberals and progressives who generally look down on and judge rural America.” 

Greene did score a couple of points on the PBS refusal to cover the Hunter Biden laptop story (apology made) and the NPR chief’s pre-employment tweets calling Donald Trump a “racist and a sociopath” (also apology made).

It wasn’t all one way traffic as the Democrats on the committee had their turn. Theatre-goers were treated to political satire from Californian Congressman Robert Garcia.

Another Democrat, Jasmine Crockett of Texas, accused Republicans of the right-wing version of Cancel Culture.

“Free speech is not about whatever it is that you all want somebody to say,” she said. “And the idea that you want to shut down everybody that is not Fox News is bullshit. We need to stop playing because that’s what y’all are doing in here. You don’t want to hear the opinions of anybody else.”

The speculation is that Republicans in control of both chambers of US Congress will finally make good on threats to eliminate federal support for public broadcasting, currently budgeted at $535 million USD annually. That’s about 1% of NPR’s combined private-public financing and 15% of the total PBS budget.

The influential non-MAGA conservative opinion columnist George Will recently advocated defunding, saying that government contributions to PBS and NPR funding are a subsidy for affluent audiences. 

***

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










CAB President Kevin Desjardins says Canadian broadcasting needs a new regulatory bargain

Kevin Desjardins appearing before a Senate committee in 2022.

March 25, 2025

Kevin Desjardins, the President of the Canadian Association of Broadcasters, is a zookeeper.

This is not to suggest that our private broadcasters are wild beasts. But they are a diverse menagerie that includes the big cats Rogers, Québecor, and Bell as well as all manner of independent broadcasters in radio, television and streaming, from single-station owners to cross-Canadian networks like Global TV. They don’t all want the same thing, they all want to eat, and given the opportunity they just might take a bite out of the animal in the next cage.

Desjardins is the broadcasters’ unassuming chief spokesperson, the fellow who checks his ego at the door, listens to them, and goes forth to advocate for the industry in measured tones to politicians and journalists who routinely vilify his more notorious animals.

Nobody who can read a CRTC report still contends that broadcasters make easy money (the CAB does not represent the cable operations of the big cats). Meanwhile the unregulated American streamers and Big Tech advertising businesses have broken into the kitchen and are eating the zoo’s food supply.

That means Desjardins gets more public attention now when he says that the decades-old regulatory bargain made between broadcasters and government to spend on money-losing news programming and CanCon drama needs to be revisited.

The CRTC is half-way through a series of policy proceedings (now suspended for the duration of the federal election campaign) that are supposed to strengthen the financing and prominence of Canadian media content while “equitably” distributing the obligations upon US streamers and Canadian broadcasters.

Streamers and broadcasters both say “equitable” means “less.” Canadian public interest groups and even some of Desjardins’ own members dispute that.

Where and how the Commission eventually strikes that balance won’t be fully known for another year, a very eventful year.

MediaPolicy spoke to Desjardins earlier this month:

MediaPolicy: I guess we should start with the urgent. What does Trump and trade war mean for Canadian broadcasting?

Kevin Desjardins: Overall, the economic chaos that has been created through the Trump administration’s tariffs and trade posturing have been the most notable impact. If these America-first policies end up leading to a recession that will likely have an immediate impact on advertising revenues for broadcasters. 

From the point of view of tariffs, we haven’t seen anything that immediately affects the sector. But I think there is concern in the longer term as we look at trade issues.

We see the cozy relationship that the largest tech players have had with the Trump administration, and we know the extent to which those global tech companies and streaming platforms have dug in to resist any level of Canadian regulation being placed upon them. They think that making use of the service production industry in Canada [by filming US shows here] is sufficient.

At this point, the largest players in the global advertising business are Google and Meta, and tech is in the process of swallowing Hollywood. If there is a trade war coming, we believe that those global tech and streaming companies will be on the American side of the table, as they were in the CUSMA trade negotiations.   

MP: Let’s talk about the CBC. One of the policy issues that pops up over and over again is the overlap or competition between private and public broadcasting. Even if CBC went completely ad-free, there would still be public/private competition for audiences. An ad-free CBC could even be a net negative for private broadcasters. Given that some competition or overlap seems unavoidable, how might CBC and private broadcasting better keep out of each other’s way? Or at least complement each other better?

KD: The CBC is always a bit of a fraught discussion for us, and certainly within the current political climate. There’s some diversity of opinion within our membership as to how to deal with the CBC and Radio-Canada.

But the essence of what we can all agree on is that if there is a role for the public broadcaster, then they have to act like a public broadcaster. And that means they should be driven by their public service mandate, and not by market-based decisions. 

The easiest way to clarify this distinction is to get the CBC out of the advertising market. Advertising revenue is additive for the CBC on top of their Parliamentary appropriation, but it is the lifeblood of commercial broadcasters. 

The CBC’s continued presence in the ad market distorts that market, and the CBC’s purpose in the Canadian media ecosystem. If they weren’t chasing ad dollars, they would be less likely to spend time competing with private broadcasters for popular programming or talent and focusing their efforts on the largest markets. 

And moreover, the CBC should have a greater role in fulfilling some of the cultural policy goals found in the Broadcasting Act. Let private broadcasters be driven by their audiences, and the public broadcaster can fill in places that the market alone doesn’t support.

MP: As part of that, what is the importance of a backstop function of CBC where the private broadcasters recede or fail? 

KD: I don’t think it’s a healthy approach to see the CBC as a backstop. In some ways, that lets people off the hook from actually addressing the issues that are holding private broadcasters back from being as successful and as responsive to their audiences as they want to be. 

And to my earlier point, I think that market concerns can drive the CBC’s decisions on where and how it provides coverage. I share some of the concerns that our colleagues on the print and digital side have when they see the CBC moving into local markets and competing for local ad revenues.

And it was highly curious to me when the CBC announced their intentions with the compensation money from Google, flowing through the Canadian Journalism Collective. They listed out a number of “underserved” markets where CAB members had already invested significant time and resources to set up community news portals. It seemed as though CBC looks at a market as “underserved” simply because they are not present there. 

MP: OK, so let’s talk about the future of private television. The pessimistic view is that the old business model has been smashed to pieces by streamers taking Canadian audiences and hoarding US programming rights, while Big Tech has gobbled up our Canadian ad revenue. And that Canadian broadcasters are just coasting the long decline to their inevitable demise. The more optimistic view is that conventional TV and cable distribution are still the first choice of boomers and should be for another decade or so, that leaves time to establish a replacement business model. Let’s blue sky: what does that model look like?

KD: At this point, it’s hard to look even a few years down the road to see where the sector is headed, especially given the pace of change globally as tech and streaming advance quickly. Certainly, the foreign tech giants are sucking the vast majority of ad dollars out of the Canadian economy, and we effectively have a trade deficit in our media market. 

But I don’t see broadcasting in Canada as being on a road to inevitable demise. And I don’t think the CAB’s members are throwing in the towel.

There’s still billions of dollars of ad revenue and subscription revenue out there for Canadian services to compete for. And Canadian broadcasters still provide an important place for those programs and events that need to reach a broader audience.

Look at the 4 Nations Faceoff hockey final. Between English and French broadcasts and streaming, you’re looking at more than seven million viewers tuned in live to an event, with a very specific Canadian point of view. There’s still lots of value that Canadian-owned broadcasters provide. 

If I look ahead, things are obviously going to change, and we need a regulator that allows Canadian businesses to adapt and change as quickly as our global competitors. 

I also see how tech companies have this knack for “inventing” digital versions of things that already exist. I think about the hype around [free advertising streaming television] channels [like Paramount’s Pluto TV or Fox’s Tubi], which are essentially just linear channels delivered digitally. And it makes me think about the next thing that consumers are pushing for with “bundling” of streaming services, not unlike how we have bundled programming services [in the cable package] for decades. 

I also see that there’s already a push from several Canadian cable distributors to bundle streaming services with their programming services, which might be a way to bring cord-cutters and cord-nevers back into the Canadian system.

All of the foreign streaming services have been increasing their prices globally, not just in Canada. That’s why Conan O’Brien jokingly congratulated Netflix at the Oscars on their “18 price increases this year.” It’s not because of any of their horseshit talking points about a “streaming tax”, but because now that they have reached a certain level of customers around the world, their business model is now about squeezing more money out of each one. 

Fundamentally, I reject the notion that somehow Canadian broadcasters are in peril because they haven’t been sufficiently “innovative”. I look at the digital products that they are offering, and they are absolutely providing a great experience for Canadian audiences. 

But you can’t deny the simple fact that Canadian broadcasters compete with global platforms, who have access to infinite amounts of capital from around the world, and who need to operate at that global level. Our pool of accessible capital is more limited because of ownership rules, and then our members are expected to support a plethora of cultural policy goals that fundamentally haven’t changed since Sidney Crosby was a toddler. 

Canadian broadcasters are willing to invest in Canadian programming and local programming in a way that global streamers won’t, but any investor needs to know that there is a business case for those investments. I think the CRTC never fully appreciated that fundamental reality, because the assumption was always that the broadcasting business was doing fine. Now that the challenges are quite existential, the Commission needs to better situate themselves in their role as an industrial regulator and think about the general health and viability of the Canadian-owned and controlled sector. 

MP: We haven’t talked about radio yet. It seems radio is swimming to keep its head above water in the Internet’s attention economy. I thought Bell passed a cruel judgment on its future when it sold those 45 stations. If we get driverless cars it might be the end of a great medium. But then you look at audio streaming: music and talk radio are more popular than ever, so the demand for audio is bigger than ever. How does radio adapt, or is it just living out its old age?

KD: I think that radio’s reach continues to be vastly underestimated. It’s still relevant, and yes, there are literally millions of young people listening to the radio every day across the country. 

The challenge is that all of the additional competition in the advertising business, there’s a disconnect now between radio’s reach and where advertisers are spending. 

Many of our members are out there in the digital space, either with streaming over apps or packaging their content for the podcast audience. Often, those digital ad dollars don’t make up for the losses on the linear side.

But radio remains incredible relevant at the community level. They are the ones supporting local charities and events, and during the many natural disasters we’ve seen in recent years, radio has stayed on the air when the power went out or cell service went down. 

MP: Regarding the CRTC’s new consultation on audio, do you think the Commission hears your concerns about the viability of radio?

KD: Fundamentally, I think that the regulatory bargain has been broken for years, and the Commission is the last to recognize this

The rationale for regulating the broadcasting sector was the scarcity of spectrum to send out your signal. In exchange for being granted that spectrum, you agreed to certain rules and obligations to fulfill cultural policy goals. 

But now that an infinite amount of content from around the world is always immediately available through the internet, and it is broadcast quality, how can the Commission continue to cling to those old rules?

The Commission will point to the Diversity of Voices rules in their decisions, and it makes me want to pull out my hair. Because it is abundantly evident that there is no shortage of “voices” in the content marketplace. It’s such an example of regulating by looking at the rearview mirror rather than the road ahead. 

That’s what we saw with the most recent audio notice, which seemed to suggest their “interim view” was status quo for the rules on Canadian radio, plus additional content quotas. But when it comes to the foreign streamers, their interim views are very quiet, if they are there at all. 

It’s completely out of step with the reality of what Canadian listeners want. We see that [on streaming platforms] Canadians are choosing to consume about 10% CanCon, which is about where sales of recorded music stood historically. But our [radio] quotas are 35% and up to 40%, and there seems to be no appetite for even having the discussion if those levels make sense. 

In fact, there seems to be some sense that the 10% figure is the problem, and keeping our quota levels so much higher is part of the solution. It’s absurd.

And from the point of view of the artists, there are infinitely more ways for them to get their music out and to be discovered. They can get placed on a curated playlist, and they can use their own social media channels to share their music and promote themselves. Radio is one piece of the puzzle to break artists, but it continues to bear the highest burden. 

And yet, the regulatory bargain that was established for the satellite radio operators nearly twenty years ago seems to be the path that they are pursuing. Just pay more and play whatever you want. 

There’s also the modernization of the MAPL rules, and again, we’re concerned that the Commission is going to make it harder for Canadian artists to qualify. If they take out the “P” of that equation, and make a song need two-out-of-three points to be considered sufficiently “Canadian”, it’s going to make things harder to qualify, not easier. 

Basically, it all comes down to, if the artist is Canadian, it is CanCon. I don’t understand why there’s such resistance to this. The Commission should embrace this, because if they are as “consumer-focused” as they have claimed in recent years, having rules that tell Canadians that Canadian artists aren’t Canadian will only serve to undermine their legitimacy. 

MP: Looking at the umbrella organization that is the CAB, you have something like 68 different members that represent such divergent, sometimes conflicting interests. The big TV broadcasters whose parent companies control cable access are in the same tent as small independents who need that access and the opportunity to make money. Big broadcasters are gouging out each other’s eyes to buy the most popular US programming. And you domicile different content businesses that do better or worse under the current regulatory rules. How do you get anything done?

KD: Every member-based association is a balancing act. There are often divergent opinions, and this is especially the case in an industry association. Our members are highly competitive with one another, and we at the CAB have to respect that. It’s not called “show friends”, it’s “show business”.

Our challenge is to make a convincing case to our members that they are better off singing from the same song book. That many voices with the same message creates resonance, and I think that we’ve done reasonably well in recent years of helping to provide that value to our members. If they don’t entirely align with each other, we hope that we can help them find enough common ground within any legislative or regulatory process.  

Building consensus isn’t easy, but as Bruce Cockburn sang: “Nothing worth having comes without some kind of fight.”

***

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

Catching up on MediaPolicy – Kate Taylor on CanCon – Steven Guilbeault, the sequel – Best Canadian movies

March 22, 2025

Last week MediaPolicy published a new interview with Globe and Mail culture columnist and reviewer Kate Taylor. 

The veteran reporter has lead a double life as a Canadian arts journalist and novelist, which arguably makes her especially qualified to comment on Canadian content. 

***

Culture & Identity minister Steven Guilbeault Photo credit Canadian Press

We have a new Liberal Minister of Heritage (rebranded “Culture and Identity”) and it’s a familiar face: Steven Guilbeault who served in the role from 2019 to 2021.

During that first tour of duty he tabled the first version of the Online Streaming Act, Bill C-10.

He also instigated two big public consultations. The first was on the regulation of online harms which invited comment on an edgy, German-inspired model of content take-downs and appeals (later junked and reprised in Bill C-63 with platform self regulation of “awful but lawful” posts on social media and steeper penalties for criminal hate posts). The second initiative, completed under his successor Pablo Rodriguez, was what became the Online News Act, Bill C-18.

That Liberal menu of Internet regulation continues to get high support in public polling.

News of Guilbeault’s appointment provoked the twitter ire of his nemesis, law professor Michael Geist. One of the criticisms was that Guilbeault “delivered the original [Online Streaming Act] with disastrous, inaccurate communications.” 

That’s harsh, if partly true. In May 2021 Guilbeault did mangle two English-language national interviews three days apart on CBC and CTV, the latter an old-school grilling from Evan Solomon who recently got the nod as a star candidate for the Carney Liberals. 

But people forget that Guilbeault followed up those interviews one week later with a very strong performance at the Heritage Committee. In English and French.

Whatever the case, it’s not clear if Guilbeault is just keeping the chair warm in Culture and Identity because the uber-competent Pascale St-Onge is retiring from politics and perhaps if the Liberals are re-elected we’ll see yet another MP from the island of Montréal in the role (following Melanie Joly, Rodriguez, Guilbeault, Rodriguez, St.-Onge and Guilbeault).

But the Culture and Identity file has only one priority in the coming session of Parliament: the CBC. More precisely, the English-language CBC. That will take a Minister with smarts but mostly great instincts. It will take a Minister from the rest of Canada. 

***

51st state? Here’s two thumbs up for two Canadians, journalists Scott Roxborough and Etan Vlessing of the Hollywood Reporter. They’ve put together a new list of the greatest 51 Canadian flicks of all time. Check your seen-it score, make your watch list.

***

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

“Success is based on trusting our artists”: culture reporter Kate Taylor on CanCon then and now.

Kate Taylor, arts Columnist, for the Globe and Mail, is photographed at the Globe and Mail Centre on April 19, 2023. (Fred Lum/The Globe and Mail)

March 19, 2025

Two years ago I was mulling over deep thoughts about the “why” and “what is” of Canadian culture when I noticed that the Globe and Mail reporter Kate Taylor had just published a column on precisely that topic.

Upon reading Taylor I thought to myself, “yeah, like she said.”

Taylor is unusual in that her day job since 1995 has been writing about Canadian media, arts and culture for the Globe, while her side gig has been authoring award-winning novels. You write about what you know.

Another side-gig she had was in 2009 —the year before Netflix began streaming in Canada—- when she took a year’s leave to accept an Atkinson Fellowship, the published output was titled “Northern Lights: Keeping Canadian Culture Ablaze,” available as a download here.

She grappled with the eternal challenges of making popular Canadian culture and the broadcasting regulation that we rely on to solve the riddle of keeping our culture blazing in spite of the American cultural giant that threatens to block out our sun.

Here are just a few timeless headlines in Northern Lights:

Is a national Canadian culture important?

Digital Waterloo for Cancon rules

How to make the CBC viable in the digital age

MediaPolicy asked Taylor what she thinks now.

***

MediaPolicy: I was re-reading your 2010 Atkinson series and found it remarkable not only how accurately you foresaw the challenges faced by Canadian mass media in the decade to follow but how fresh the discussion seems in 2025. Fifteen years is a long time. What do you make of how Canadian media policy has used its time in the intervening years?

Kate Taylor: The Stephen Harper Conservatives wouldn’t touch these issues. Their Heritage minister James Moore used to say they are important to the broadcasting industry but not to the public. Harper himself poisoned the file by labelling cultural levies a “Netflix tax.”

Then, when they had the opportunity, the Liberals moved but too slowly. Sometimes you don’t want to be first out of the gate, and the Europeans have now set precedents.  For example, content quotas on Netflix’s European catalogue, that would be useful to Canada. But it took the Liberals a long time to find a minister who could politically champion the ideals behind cultural protections. They did not get it done and dusted before we were faced with the current situation, a trade war just as the CRTC is trying to implement a long-overdue update of the Canadian content regime to include the foreign streaming services.

I note that in the intervening years, the idea of a cash levy on Internet service providers, an obvious update on the levy on cable providers, has been abandoned. That’s too bad. That would have been one way to raise production funds from Canadian-owned sources, especially to support local news which has suffered badly from the collapse of local newspapers.

MP: There’s been a flurry of activity by the CRTC since the Online Streaming Act was enacted in April 2023. What do you make of some of their rulings? The good, the bad, the intriguing?

KT: I agree that the foreign streamers should be asked to contribute to production funds. I leave others to figure out whether the CRTC’s five per cent is fair or not, but I do note that the $200-million total is chicken feed for these companies. I don’t agree with asking them to help pay for local news; that seems opportunistic since it’s not news content with which they have flooded the Canadian market.

The CRTC has yet to deal with any quota on Canadian content in the streamers’ catalogues or for music services, and promotion and discoverability are as important as any content quota. It’s possible that if you got a healthy co-production relationship going, all this would be unnecessary because the streamers would want to promote programs in which they have a stake, but if you look to Europe, especially France, you can see how an insistence on quotas is producing some excellent programming.

The stumbling block is who owns the intellectual property in the show, since historically the Canadian system has insisted that the intellectual property for programming that benefits from the levies remains with Canadians. I would imagine that can be solved by some kind of negotiation on sharing percentages of intellectual property. 

The CRTC is now also beginning to address the definition of Canadian content. Many players want it loosened; makes it less cumbersome for them. These debates are usually about economic self-interest. Others argue we should switch from our industrial model –– Canadian content is content made by Canadian citizens in Canada– – to a cultural model: Canadian content tells identifiably Canadian stories and is set in Canada. I disagree. The United Kingdom uses the cultural model but we are a much less culturally homogenous place, and I think attempts to dictate or define Canadian-ness are bound to fail.

If you look at music, it’s obvious the only way to define a Canadian song is through the MAPL system or some equivalent. You are hardly going to tell songwriters their lyrics must feature Canadian references!

All systems produce the odd wacko anomaly that critics love to trumpet, but the main thing is to trust the creators. If they are Canadian, living and working in Canada, they will make Canadian content. Some of it will be bad; some of it will be great. That is the reality of cultural production. 

MP: Yes, defining Canadian content seems like pinning jelly to the wall. Canadian culture is characterized by both local expression and nationally emblematic totems and stories. You’ve written about this. Care to update your views?

KT: There’s an old line from a Broadway producer: if I knew what was going to be hit, I would only do those. Cultural production is a highly risky, unpredictable business and the Hollywood model is based on huge investments spread across global markets. In trade terms, one could accuse the United States of dumping cultural product in foreign markets. Historically, it cost a Canadian broadcaster far less to buy rights to a U.S. show then to produce a Canadian one.

Canada is actually very successful in international markets – we export both English-language television and music – and I think that success is based on trusting our artists. The more freedom you have to tell your own story or sing your own song, the more likely you are to produce something that will resonate universally.

I often point to the success of Letterkenny as an example. When it first appeared I thought its satire of a particular rural Canadian culture was so specific it might not translate abroad, but it did very well in the States.

I also think audiences like to see themselves in their culture and do hunger for specific local content. Look at the success with Toronto theatre audiences of The Master Plan, a satire about planning issues in the city of Toronto. 

A more powerful and ad-free CBC Gem could capitalize on this local-to-universal phenomenon.

MP: Yes that observation about the CBC was one of the take-aways I got from your Atkinson piece in 2010. You talked about the central role the CBC played in Canadian cultural production. So here we are in 2025. Let’s suppose I made you ship’s captain of English-Canadian CBC services. What are your orders?

KT: We all want the CBC to better, by which we really mean English-language television. CBC video content is a missed opportunity. We need an ad-free Canadian streaming service that offers the best of Canadian comedy, drama and documentary to viewers at home and abroad, a Brand Canada niche alternative to American streaming services. 

Of course, that costs money, and if CBC managers cling to advertising it is because they don’t trust government to fill the gap consistently. To escape the politics, the CBC needs stable steady funding on a minimum of a five-year basis in return for fulfilling agreed-upon goals – rather like the Charter that governs the BBC. 

Still, we need to be cautious about removing ads from the CBC so that it is not reduced to some kind of PBS North. Ratings do matter. They keep you honest and connected. There is a strong desire amongst some English-Canadian elites for the PBS model, a high-end public broadcaster fleshing out a talk-heavy news-dominated schedule with the occasional big-budget drama (always imported from the U.K. in the PBS case.) That works for the U.S. because it has a healthy private market delivering American content. In Canada, it would sideline the CBC even further, making it irrelevant to a majority of Canadians.

Also, the CBC needs to rebuild its local news capacity because of the collapse of local newspapers. That’s an example of market failure, where you want the public broadcaster to step in and provide a public good — but you need to fund it accordingly.

MP: Back to the trade war. Canada is having a nationalist moment right now and it might well be our biggest one. For sure it will last several years, so long as Trump is doing his 51st state thing. Do you see implications for Canadian attitudes towards mass media and culture? 

KT: As Canadians remember that we are a separate country, perhaps that will help citizens understand why we need cultural levies and cultural protections in the face of a neighbour now exposed as a bully.

Not many citizens, including some prominent media commentators, understand how the cultural industries work, the amount of investment it takes in multiple projects to generate one hit and the way Hollywood money can buy quality and promotion in a way that is impossible to match without some kind of Canadian content system. 

For decades that system produced Canadian programs and music that many Canadians enjoyed. It just needs to be updated for the streaming era.

***

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

We knew what the US was capable of. We just didn’t think it would be us.

March 15, 2025

The magic of Donald Trump is that almost anyone invited to his reality show in the Oval Office is automatically his foil and a civilized person: Trudeau, Macron, Zelensky, Starmer and maybe soon Mark Carney, all avatars of the old international rules-based order. Somewhere, somebody is making book on Trump’s soon-to-be-released diss for Canada’s 24th Prime Minister.

Yes, the civility of the old order is long gone. MAGA’s toxic masculinity is about to have a very long run. You avoided these guys in high school, but now they are in your face.

The old order was run by Americans too. Pax Americana in foreign relations. The “Washington consensus” on open markets and the elimination of tariffs. The “new world order,” ironically.

The credo was so dominant (and the US market so inviting) that in 1988 Canada laid all bets on an open trading relationship and an integrated continental economy: something Canadian governments had pursued on and off since Confederation in 1867.

So having played by America’s rules, it’s galling that Trump now wants to use tariff warfare to devastate our economy and take our jobs. Deep down we always knew the US colossus had a taste for conquest. We just didn’t think it would be us.

It’s especially grating when Trump lies to the American public, makes up fake numbers about trade deficits, counts goods but not services, and then insists that deficits are inherently unfair (except where America is in surplus).

Last weekend I posted a video of former Unifor economist Jim Stanford providing context to the US-Canada trading numbers. Here’s the detailed text version.

Stanford makes a number of important observations about size of the cross border trade deficit in goods and services and, as any first-year university student would, reminds us that a trade deficit is not a thermometer of economic health, wealth, or fair play.

“Trump’s claims that Canada is benefiting unfairly from the bilateral relationship, and is in fact subsidized by the U.S., are false,” says Stanford, “and Trump’s economic team certainly knows it.”

The US has run a global trade deficit for fifty years in a row. The gap is now approaching one trillion dollars annually. But as a percentage of American GDP, the US deficit is in modest decline to about three per cent of its economy.

What’s not often cited is the fact that the US is a global juggernaut and net winner in services —digital products, e-commerce, tourism, transportation, financial services and so on—all of which tamps down that trade deficit generated in industries that sell “goods.”

Canada is the US’s biggest export market yet our trade of goods and services is the closest to balanced of any major US trade partner. 

The US sells 92 cents of goods and services to Canada for every dollar of goods and services we sell to them.

That trade “imbalance” puts us way ahead of the US benchmark of selling less than 80 cents to the dollar with its major trading partners, with nine of those other trading partners more “out of balance” than Canada.

And the south flowing of trade includes duty-free Canadian oil, gas, electricity and coal. Those vital energy products account for the majority share of the US deficit in goods. It may be that Trump wants to wean the US off of Canadian energy (although it will take years to do so) as if we were the unreliable ally.

In fact most Canadian exports to the US are raw materials and inputs to American products. That’s good for American consumers and good for American exports of finished products (including back to Canada, affirming the half-truth that Canada exports raw materials in exchange for finished products).

But commerce in goods is only half of the trade picture. In services alone, the US has a strong surplus with Canada. For decades, Hollywood boasted of the surplus-building role it plays in exporting cultural services (television shows and movies)  to Canada and the world. Its Californian cousins in Big Tech are now doing the same thing in digital services.

In addition to counting services whenever measuring trade,  says Stanford, the cross-border repatriation of profits and investment capital made by Canadian and American companies in each other’s markets results in an unofficial trade surplus for the US.

Another unofficial trade number that doesn’t show up in conventional statistics, says Stanford, is that Canada (and the rest of the world) buys more US government bonds than the US buys from Ottawa.

The US is mired in massive government debt but bondholders in Canada and abroad are delighted to snap up its treasury notes. That drives up the US dollar and makes US exports more costly than they might otherwise be. 

Remember that when you buy Florida orange juice.

Stanford says that most economists agree that its hard to pin down the value of trade in services —which affects the calculation of trade balance— because of how easily masked that value may be:

One challenge in understanding the impact of services trade is the incomplete and approximate nature of statistics on services trade. It is harder to account for cross-border transaction in services (much of which occurs digitally) than to measure cross-border flows of physical merchandise (which is regulated and logged at border crossings).

Another factor is the ambiguity of intra-corporate accounting for transactions between non-arms-length subsidiaries of international corporations; intra-firm accounting for items like administration costs, intellectual property charges, and profits can be easily manipulated, often motivated by efforts to reduce corporate tax liabilities (by artificially shifting bottom-line profits to subsidiaries located in lower-tax jurisdictions). 

Officially, the US export of services to Canada is significant and in surplus to the tune of $32 billion. In fact that US surplus with Canada ——what US Commerce Secretary Howard Lutnick would label as “trade dumping” were it the other way around—— is the US’s second biggest service surplus with any of its trading nations.

Oh, and the largest US service surplus is with….hold your breath now….Ireland.

Ireland.

Why is that? One big reason is that Big Tech books a chunk of revenues and profits in its holding companies parked in low-tax Ireland, a country that taxes foreign corporations at half of American and Canadian rates and one-quarter on earnings from intellectual property.

The holding companies technically own the intellectual property for Big Tech conglomerates that pay themselves for their own IP assets to reduce taxes on revenue earned all over the world. 

That’s my parsed version of what Stanford has to say.

His prescription will sound similar to things you have already heard from others:

[We] need to include aggressive efforts to expand trade links with other countries; equally aggressive efforts to reorient Canadian production around domestic (rather than export) markets; emergency fiscal measures to support domestic spending power and household financial stability in the wake of industrial disruption and unemployment (potentially funded in part with revenues from export taxes and/or tariffs imposed by Canada in the event of a trade war); and a national strategy to build alternative domestically-focused industries (including affordable housing, sustainable energy, and human and caring services) to fill the void left by a downturn in export industries.

This is a daunting scenario, but not impossible.

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Over the past four years of posts to MediaPolicy.ca I have written about US-Canada trade relationship in cultural products.

The narrative is always a story of Canadian legislative initiatives and the corresponding US trade threats.

There are three books that are helpful to read if you are interested.

In 2004 Peter Grant and Chris Wood published Blockbusters and Trade Wars: Popular Culture in a Globalized World.” It’s a superb explainer but begs to be updated. The analysis in Part One (the economics of the global cultural economy) and Part Three (US trade power) still rings true.

In 2019 Richard Stursberg published The Tangled Garden: A Canadian Cultural Manifesto in the Digital Age.” The third chapter on “The Mulroney Years” is a good read because Stursberg was a senior civil servant and insider in the midst of the US-Canada free trade deal that set the rules in cultural trade for the next generation.

Gary Neil’s 2019 Canadian Culture in a Globalized World” explains the mechanics of how these trade deals work and impact culture.

Did I say three books? A fourth is my 2024 Canada vs California: how Ottawa took on Netflix and the streaming giants.” You’ll recognize a lot from the other three books, summarized in Chapter 1.

Also, here are some MediaPolicy posts that cover the thorny US-Canada trade relationship in culture:

325. A “Canada First” trade policy for Canadian culture – January 28, 2025

264. Catching Up on MediaPolicy – US Reps rattle trade sabres over #C11 – Québec Loi 57 breaks new ground in regulating online harms – CRTC relief for Corus and Québecor – May 19, 2024

212.  Catching Up on MediaPolicy.ca: Fox News gets CRTC reprieve, unblocking Ezra, US Congress threatens Canada – September 21, 2023

189. The US Trade Bear, Red in Tooth and Claw – May 26, 2023

159. Catching up on MediaPolicy.ca – Postmedia layoffs – Rogers Shaw update – Home Depot gave your email to Facebook – US DOJ targets Google’s AdTech – US trade threats, again. January 29, 2023

156. The billion-dollar cultural trade war that was: the 1999 Canada-US split-run magazine dispute – January 21, 2023

152. The half-billion dollar trade war that wasn’t. The story of Country Music Television – January 5, 2023

149. The American shakedown of Canadian cultural sovereignty is the real ‘trade irritant’ – December 16, 2022

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I can be reached by e-mail at howard.law@bell.net.

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

To broadcasters’ dismay, CRTC’s radio consultation doesn’t budge on airplay quotas

March 13, 2025

This week, the Canadian Association of Broadcasters let howl a primal scream of protest against the CRTC’s recent notice of consultation on radio broadcasting and audio streaming. In an open letter the CAB says the commission’s notice, full of “preliminary views” on key regulatory points, “absolutely missed the mark” and is so bad it should be rescinded and the CRTC should go back to the drawing board.

The CAB voiced a similar if toned-down protest in December 2022 when the commission issued its review of commercial radio. But that was more than two years ago in a declining radio industry. At the time, the commission promised to look at radio with fresh eyes once the Online Streaming Act was enacted.

Continue reading at Cartt.ca…

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I can be reached by e-mail at howard.law@bell.net.

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