Catching Up on MediaPolicy – The Dhanraj Show – Go away Paul Wells, you’re not a journalist – The OpenAI problem – Grand Theft Anna

March 14, 2026

Last September MPs on the Parliamentary Heritage committee (CHPC) voted unanimously to hold hearings on “the state of Canadian journalism.”

This happened after, or perhaps because, the Conservatives called for a Parliamentary inquiry into the dramatic departure of Canada Tonight host Travis Dhanraj from CBC Radio-Canada. At the time, MediaPolicy wrote about that dispute here, here and here.

On Tuesday, the curtain was drawn back for the first of five days of CHPC hearings and as the opening guest Dhanraj told his story. For a detached review of the blow by blow, here is Karyn Pugliese’s Substack post.

Dhanraj’s narrative is (a) the CBC is a toxic workplace that management tolerates, (b) he was tokenized as a brown skinned journalist and rebuffed in efforts to make his evening show more edgy and interesting, and (c) he was on the short end of a power struggle with the Rosemary Barton of the National and David Cochrane of Power & Politics, preventing him from booking Conservative MPs on his show.

The side of the story he doesn’t tell is CBC’s management view that so long as the CPC was boycotting those two flagship news shows, they weren’t getting on Canada Tonight. Bruce Arthur’s column in the Toronto Star delves into this. So far, the CBC isn’t saying much and is keeping its litigation powder dry (Dhanraj has filed a human rights complaint).

A thread pulled on during the hearing is a list of 45 “do not book” guests that Dhanraj says he got from CBC management. Depending on what the list is for, and who is on it, there could be fireworks.

It’s fair to say that CPC Heritage critic Rachael Thomas is getting as much mileage out of the Dhanraj affair as possible and going after the CBC with gusto. Dhanraj, whose lawyer Kathryn Marshall is well connected in Conservative circles (she’s married to CPC insider Hamish Marshall), says he’s not bearding for the Conservatives. 

MP Thomas is building on a theme over the five days of hearings by calling witnesses such as Honest Reporting (critical of CBC reporting on Gaza and an on-air anti-Semitic rant by Radio-Canada’s Washington corro) and inviting the Canadian Ethnic Media Association to amplify its dissatisfaction with the CBC’s reporting on mass protests in Canada against the Iranian government. 

Still to come, compulsory Committee appearances by both the Heritage Minister Marc Miller and CBC CEO Marie-Philippe Bouchard. 

***

That pesky issue of defining a journalist never goes away.

Last week Blacklock’s Reporter broke a story, picked up on by The Hub, of communication staff in two federal government departments appearing to require reporters seeking information or comment to be employed by news businesses certified by the Canada Revenue Agency as a Qualified Canadian Journalism Organization. The purpose of QCJO certification is to vet news outlets for labour tax credits, i.e. subsidizing 35% of journalist salaries.

I say “appear” to require QCJO certification, because the federal websites for Immigration and Global Affairs said comms staff would only speak to journalists employed by news organizations that are QCJO certified or abide by “similar” standards of journalism.

“Similar” is an important caveat. The key standards of QCJO certification are first hand reporting (“original news’) and adherence to an editorial code of accountability: picking up on those rules, the private journalism consortium that disburses $100M in Google news money every year under the Online News Act also requires news outlets to meet standards of news gathering and editorial accountability. Hence, the departmental caveat “similar to.”

Still, the federal department websites repeatedly refer to “QCJO” and quote word for word from the QCJO tax guidance on original news reporting and other program red lines. And when this happens in two different federal departments, you have to wonder about the group think behind it.

Of course two federal bureaucrats can get the same thing wrong at the same time out of ignorance: for example, maybe the light didn’t go on that the QCJO program is not available to thousands of broadcast journalists, freelancers, or reporters employed by magazines and community weeklies. It seems doubtful the government departments won’t talk to CTV, Global, TVA or CBC Radio-Canada reporters.

It gets worse. The QCJO rules quoted by the two departments reiterate the “two employed journalist” threshold that sets a minimum size of a newsroom that is eligible for QCJO subsidies. Following such a rule, it appears the departments won’t speak to any freelance journalists, no matter who they are. Paul Wells and Linda McQuaig need not apply.

Who defines a journalist anyway? Canadian journalists are not government regulated, nor self governing except to the extent that their news organizations voluntarily participate in Press Councils or the Press Galleries in Ottawa and provincial capitals.

Even then, the peskiness of hair-splitting definitions arises. Recently in Washington state, a federal judge upheld the legislature’s exclusion of three right-wing media personalities from enjoying the full run of the state building granted to professional journalists on the grounds that their primary identity was in the role of political actors.

In Canada, the Supreme Court already acknowledges the unregulated status of journalists by expanding the libel defense of “responsible communication” to include anyone, not just professional journalists. 

On the other hand, in 2017 Parliament needed a legal definition of a journalist in order to create a whistleblower law that shields confidential sources. Under that statute, a journalist is defined as “a person whose main occupation is to contribute directly, either regularly or occasionally, for consideration, to the collection, writing or production of information for dissemination by the media.”

It took a few days, but Immigration reacted to the bad publicity and the intervention of the Canadian Association of Journalists. It says it’s reviewing its definition of journalist.

***

The tragic role that OpenAI played in the Tumbler Ridge mass school shooting, by flagging but not reporting the killer’s homicidal ideation, has policy experts thinking hard about what kind of regulation we need to see in an online harms bill.

Taylor Owen has an important LinkedIn post, worth the two minutes of reading time. Here’s an excerpt:

Here’s the thing that doesn’t get said enough: your conversations with ChatGPT or Claude or Grok are not private. Employees, and AI, can read what you type. OpenAI is about to start selling ads against those interactions. While, the product is designed to feel intimate, simulating patience, attentiveness, understanding, it is ultimately a content serving product. But it is a product that many open up to in ways they would to a person. It is a psychological bait and switch that capitalizes on a disconnect in norms. But because we have an illusion of privacy with these products, mandatory reporting to law enforcement, if not designed carefully, risks layering a surveillance obligation on top of what is already, fundamentally, a surveillance product.

What could actually help? I have been arguing for a Digital Safety Commission with real enforcement powers, mandatory risk assessments, transparency over safety protocols and age-appropriate design standards. Upstream regulation that changes how these products are built, not downstream surveillance that monitors how people use them.

If I understand Professor Owen correctly, he thinks that if AI and tech companies are compelled to adopt robust and transparent safety design of what their bots will give advice on, the less we will have to worry about the surveillance and reporting of private activity on the web.

***

Because I have decided your weekend reading list is still incomplete, if you care about books you must read yesterday’s Substack post from Sutherland Books publisher Ken Whyte. It’s about book publishers’ court challenge to the industrial-scale theft of copyrighted content by Anna’s Archive, an unauthorized aggregator of digital content.

***

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This blog post is copyrighted by Howard Law, all rights reserved. 2026.

Catching Up on MediaPolicy – Local TV independents demand Meta bargain despite news ban – Radio Canada’s Amazon deal roils in Quebec – the clock ticks on Bell Media’s future

CHCH News Director Greg O’Brien

March 8, 2026

Just before the new year, the CRTC hit the pause button on its staff investigation into Meta’s leaky ban on news content posted to Facebook and Instagram, declaring a wait-and-see. 

CRTC VP Broadcasting Scott Shortliffe issued the brief notice on December 3, 2025, noting Meta’s efforts to remove user posts of Canadian news and stating that the Commission would continue monitor the news ban.

On February 4th, the LITS coalition of 15 independently owned television stations filed an application to the CRTC asking the regulator to confirm that Meta, despite its news ban announced in August 2023,  continues to  “make news available” in Canada through either the replication of news content or linking to it on Facebook and Instagram. The broadcasting companies, which include Hamilton’s CHCH and Victoria’s CHEK, want the CRTC to order Meta to bargain with news outlets. 

MediaPolicy wrote about this issue previously here and here, pointing out the regular news posting activities of Canadian digital outlets Telelatino, The Peak (on Instagram but not Facebook) and Narcity on both platforms.

Narcity publisher Chuck Lapointe claimed in a LinkedIn post to have an agreement with Meta to exempt his publication from the news ban.

Aside from these exempted news publishers, the LITS application to the CRTC cites a long list of news posts from Meta user accounts, often linking back to content posted on YouTube. The application offers the CRTC a number of examples of user-posted content from news sites that directly compete for audience with digital content published by the television stations on their websites. According to LITS, some of the posts were removed after several months, others remain.

CHCH News Director Greg O’Brien also points to Facebook permitting regular posting of video clips from the Rogers City-TV Breakfast Television morning show in Toronto, in direct competition with CHCH’s own morning show. 

It’s a legality worth noting that the Online News Act does not narrowly define the “news content” that Meta must bargain for as hard news or political reporting. The Act describes news content as original reporting on “matters of general interest and reports of [Canadian] current events, including coverage of democratic institutions and processes.”

Asked why he thinks Meta is platforming CityTV’s Breakfast Television but blocking CHCH, News Director O’Brien said “we can’t understand this and can get no answers from Meta. Breakfast Television and [CHCH] Morning Live are competing morning news shows. We are banned from Instagram and Facebook and BT is not. It makes no sense and is unfair. Global Television’s morning show also has an Instagram page. It makes me think Meta has some side deals with them.”

LITS counsel Peter Miller expressed a similar concern when asked why it was the small independent television stations raising this issue with the CRTC on their own, so far. 

“It’s also possible that Meta has done deals with large players.  Certainly the recent stance [Meta has] taken with government —-drop the [Online News] Act and we’ll do deals that include [licensing of] AI—- suggests they’d rather only have to concern themselves with bigger news players. And the survival of smaller independent players and news media diversity generally is the most at risk here,” Miller told MediaPolicy. 

Further details of LITS allegations can be downloaded below.

***

Another day, another controversy for CBC/Radio-Canada.

The Corp’s decision to broadcast its 24-hours national news television channels on Amazon Prime for a monthly subscription fee has been heavily criticized in the press, Québec’s Culture Minister and by federal and provincial political parties in Québec. 

The criticism is that CBC is partnering with a foreign tech platform that is overwhelming Québec audiences with English-language content. 

Making it worse, say critics, the same live news content is not available on Radio-Canada’s ici tou.ca (the CBC says that is coming to tou.ca, it’s already available on CBC Gem). 

La Presse cultural columnist Mario Girard was so incensed that he speculated he might be unable to defend Radio-Canada funding in the future. 

“In short, if we follow the logic of this agreement with Prime Video, Radio-Canada will be selling content (largely paid for by Canadian taxpayers) to an American giant that will, in turn, siphon off profits to further crush Canadian private media,” wrote Girard in his regular column.

CBC content is available on a number of non-Canadian platforms, on its YouTube channels in particular, as the public broadcaster follows the audience leaving, or never considering, conventional television. As well, media content is increasingly discovered on apps that are gated by foreign-owned operating systems installed in smart televisions and other connected devices.

This week the Hamilton-based and Canadian owned online distributor Parrot TV announced it is adding the ad-supported CBC National News Channel, CBC Vancouver and CBC Toronto to its other live news channels CHCH-TV and Newfoundland TV.

Besides the CBC news channels, Amazon Prime also carries live Canadian news channels on paid subscription from CTV, Global, and Rogers City-TV, but not Québecor’s TVA.

Update 14/3/26 – Radio-Canada has paused its deal with Amazon Prime until such time that it can offer its news channels on tou.ca.

***

Bell Media has responded to speculation about its long term licensing of Warner Brothers Discovery’s HBO content on Crave, now that Paramount has won its takeover bid for WBD. In a declaration kept short and sweet, Bell claimed its HBO deal was good for “the foreseeable future.” 

Paramount has announced its intention to merge HBO into its own subscription service Paramount Plus and also fold in its advertising supported app, PlutoTV. 

The expiry date of Bell’s licensing deal for HBO’s content remains a commercial secret. If I was a shareholder, I would want that secret told.

In the meantime, Bell must be planning to pivot hard to rebuilding its Crave platform into an engine fuelled by its own Canadian IP. There’s an excellent interview of Bell’s content VP, Justin Stockman, by Irene Berkowitz, exploring how Bell hopes to build on the success of hit shows like Heated Rivalry, Sullivan’s Crossing and Empathie.

***

If you would like regular notifications of future posts from MediaPolicy.ca you can follow this site by signing up under the Follow button in the bottom right corner of the home page; 

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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. 2026.

BBC and YouTube get married – Social Media on trial in L.A. – MediaPolicy’s glitches

AI illustration

February 14, 2025

Today’s post is a mash-up (remember those?).

MediaPolicy follows a number of themes and story lines in Canadian media. One of them is our public broadcaster, CBC Radio-Canada. Another is the surging audience growth of YouTube

The travails of the CBC always beg comparisons to the British Broadcasting Corporation. Earlier this month, the BBC announced a formal partnership with YouTube that, if the BBC follows through over the long term, will make it a YouTube-first broadcaster. 

So happy Valentine’s Day.

The BBC’s idea is to fish where the fish are, at least when it comes to the younger demographic whose media consumption leans very much into short-form video content on YouTube and social media apps. 

The BBC says it’s going all in on micro-drama series and verticals (so called because video clips are shot in portrait mode, the better to consume on phones).

That means the Beeb will invest more heavily in developing its supply chain into the digital “creator community” of video artists and studios. It also plans to launch far more BBC YouTube channels built around popular genres and local communities and feed them with digital-first content. 

The BBC isn’t completely reinventing itself. It’s going to keep using the YouTube platform as a marketing strategy to push audiences back to its main streaming services BBC iPlayer and BBC Sounds. It would be reckless to do otherwise lest it put the BBC’s audience growth entirely within the grasp of a big US tech company that controls the discoverability of content through its algorithms (I mean, what could go wrong?).

A recent report in Britain marked the occasion of YouTube overtaking the once-dominant BBC as the UK’s market leader in video consumption. The early commentary on the YouTube-BBC partnership has been a mix of optimism and dread, here’s one insightful view. 

***

A big trial just started in Los Angeles where a 20-year old woman is suing YouTube and Meta’s Instagram for degrading her mental health by feeding her harmful content through addictive content algorithms.

The plaintiff KGM’s lawsuit is hardly frivolous: TikTok and Snap already settled to escape trial.

Her lawyer found his Johnny Cochran stride when he told the jury that his case was “easy as ABC…addicting the brains of children.”

The US maintains a Congressional exemption of Internet companies, especially social media apps, from liability for content uploaded by third parties (incidentally that litigation shield pops up in the digital chapter of the CUSMA trade agreement but Canadian courts have interpreted it narrowly). Given the exemption, KGM has to prove that YouTube and Meta are liable for creating addictive algorithms that push unhealthy content rather than paying a price for accepting the content in the first place. 

The US is a more litigious society than we are and lawsuits don’t create legislation: KGM may claim damages but it’s highly unlikely she will force Big Tech to do anything differently. 

***

I’m concluding this weekend’s post with something boring: weird publishing things happening with this blog.

Last weekend’s post included a three paragraph quote of the European Union’s regulatory indictment of TikTok for addictive algorithms pushing harmful content with inadequate safety features. Due to a WordPress software glitch, the e-mailed version to subscribers dropped out two of the paragraphs, which made for a strange narrative flow. If you found it jarring, you can go back and read the more fulsome EU statement.

The other oddity was an unprecedented two-day surge in MediaPolicy viewing in the US which puzzled me given the Canadian focus of MediaPolicy posts. It coincided with a MediaPolicy reader receiving a scam e-mail with an embedded link to MediaPolicy.ca (offering a marketing opportunity). The e-mail was associated with the digital marketing website Blogger Tuesday and I have nothing to do with it.

Please let me know if you received one. 

***

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This blog post is copyrighted by Howard Law, all rights reserved. 2026.

Catching up on MediaPolicy – YouTube’s fake AI Journalists – Go west, CBC – DM@X 2026

AI image by Perplexity

January 19, 2026

You like to think you’ll never fall for a digital fishing scam. You like to think you’ll never fall for a deep fake news video.

Ahem, I fell for a deep fake news video.

YouTube, in its algorithmic omniscience, pushed to me as its top daily recommendation a video of the famous Washington Post political corro George Will.  As the NeverTrump Reaganite we know him to be, Will delivered a withering critique of US tariffs by pointing to Toyota’s investment of $40 billion in Canada.  Later, after I searched for a news announcement and found none, I wised up. (My friend in the auto industry kindly reminded me that $40 billion equals eight new car plants).

But for a good ten minutes, I was all in. The AI-video had George Will on the screen, live and in the flesh, saying exactly what George Will would say and how he would say it, but strangely looking twenty years younger than his 85 years. Then checking the meta-data, the video creators claimed to be a George Will fan site. I very much doubt they were licensed to impersonate George. A week later, YouTube had taken it down. 

A few days later YouTube pushed me a similar fake, this time tech journalist Kara Swisher. Fool me once, etc.

Digital deception is now a daily event, according to a Canadian poll. Fifty-two per cent of us are “very concerned” about it; a full 88% are concerned.

Canadians generally want action against digital deception and hold a mix of views on who ought to do the acting:

Meanwhile, news publishers are soaking their heads in an icy bucket of water.

The Oxford Reuters Institute posted a new year’s survey of 280 CEOs, executives and editors in 51 countries expressing, guess what, their deepening pessimism about the future prospects for journalism. 

The collective wisdom was that news journalism is getting squeezed for audience attention (and ultimately revenue) on either side by AI and social media influencers. Thanks to AI-generated videos and Chat summaries, the latter published with or without links to digital news sites, publishers are expecting referral traffic to keep declining and more or less crash and burn. 

If there’s a silver lining, twenty per cent of publishers believe they will make deals for significant licensing revenues, another 49% see a minor stream of revenue, and another 20% expect none. The latter group are concentrated in local media, public broadcasting and smaller countries. 

A cause for optimism is that a lot of publishers are innovating by hiring digital creators to work with their journalists to compete in the influencer /video/ social media world.

Watch that space: I am waiting for someone to come up with a licensed AI-generated celebrity journalist/influencer who gets content up on the ‘net tout de suite in the news cycle. Someone like George Will.

***

As I’ve been griping about for some time now, the CBC has been slow out of the blocks to put its five year plan into action and earn that $150M raise in the Parliamentary grant.

We may be getting somewhere.

Editor in chief Brodie Fenlon just announced that CBC “will add 33 local journalists and create 11 new bureaus, increasing [our] Canadian footprint from 66 to 77 locations. This “boots-on-the-ground” investment is in addition to last year’s local service expansion of 30 journalists hired in 22 communities across Canada. Many of the new positions are based in Central and Western Canada.”

Now for context, CBC has about 3600 news journalists in television, radio and online. It’s long been underweighted in western Canada, likely because of where the television and radio stations were located decades ago when our demography was a lot more central Canadian. In British Columbia, for example, the private television broadcasters collectively outspend CBC television 7:1. 

The CBC has also hired a new head of English language services to replace the retiring Barb Williams. The new EVP is Doug Smith. He’s arriving from Paramount Canada and his CV stretches back to ViacomCBS, Rogers, and Alliance Atlantis. 

A streaming guy. Let’s give him a couple of years and see what he can conjure up at CBC Gem.

Maybe we’ll see a shift to buzzy blockbusters that emulate the recent success of Crave’s Heated Rivalry in Canada and abroad.

Making hit Canadiana television that is validated by successful export is not new: Canadian broadcasters have done it repeatedly with Transplant, Flashpoint, DaVinci’s Inquest, Degrassi, etc.

At home, Bell Media can take credit for a hitting streak of popular and authentic Canadian shows, smacking doubles like Shorsey, LetterKenny and Late Bloomer, and now Heated Rivalry, a centre-field blast worthy of Bo Bichette (sorry, too soon?).

There’s no reason CBC can’t do the same. It can and has (Sort Of was genius). But as a paid subscriber to Gem (how many of us is a secret), my personal request is to pour money into the functionality of the high friction, algorithmically anemic streaming site. 

(Correction: An earlier version of this post identified the number of CBC newsroom employees at 3400.)

***

This year’s annual coven of Media Policy conspirators is scheduled in Toronto in the first weekend of February.

Digital Media at the Crossroads will be held at the Faculty of Music building, University of Toronto, on Friday 6th- Saturday 7th. Here’s the program. See you there.

***

If you would like regular notifications of future posts from MediaPolicy.ca you can follow this site by signing up under the Follow button in the bottom right corner of the home page; 

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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. 2026.

2026 will be Canada’s cage match

“G-S-P !

G-S-P !

G-S-P !”

December 31, 2025

You already knew it: Canada’s 2026 is going be a battle, a pivotal moment in our history.

CUSMA talks begin this spring. They will be brutal. Even in the innocent days of cross border free trade, the US played rough when it came to a trade dispute over Canadian culture.

This US President wants high tariff walls to keep Canadian goods out of America and to grab Canadian jobs. Going the other way he wants open borders and unregulated markets for US exports such as streaming services and social media apps.

Given the thousands of Canadian manufacturing jobs and family farms at stake in the trade talks, and the inevitable reprise of 51st state threats —-“we just have to have Greenland  Canada”— it may seem parochial at first to focus on media policy. But with 660,000 jobs in our media and cultural sectors, focus I shall.

Here are some of the upcoming headlines.

The CUSMA trade talks

An internet meme recently popped up in my X feed that put two contemporaneous statements from Google spokespersons next to each other.

In the first, Google addressed the digital regulators of a foreign government —-in this case the European Union—- with the utmost respect. In the second statement to a much different forum, Google demanded US Congress stomp all over the EU.

This is how the tech bros roll. They’ve enlisted the Trump administration in their cause and the tiff with the EU has escalated from White House accusations of European censorship of American content to barring the architect of the EU Digital Services Act and four advocates of the EU regulating online hate and disinformation from travelling in the US.

Canada, you’re warned.

So no surprise, when CUSMA talks begin the US is going to come loud and hard against Canada regulating media in our own country, whether it’s the Online Streaming Act C-11 or the Online News Act C-18. I don’t have a high degree of confidence that PM Mark Carney won’t flush them like he did the carbon tax, the digital services tax, the emissions cap, etc. 

It’s not that we shouldn’t reconsider Canadian media policy any time we want, but it would be better to do so because Canadians wish it. The polls say we don’t: at least not during the trade talks.

What’s at stake here is not only those two pieces of legislation, C-11 and C-18, but our right to take future action on any media policy that might cost the tech bros money or convenience. Think AI. Or online harms.

I make no prediction. On the one hand, as a banker and a corporate lifer I think Carney would happily throw cultural regulation under the bus.

On the other, if he does that he can kiss his Québec caucus goodbye. Or, the NDP might find its gag-point and bring down the Liberal minority government.

CanCon

I just can’t figure out the CRTC. The commissioners alternate between putting a bold $200 million cash levy on streaming services and, on the other hand, their timorous ruling on CanCon video content.

The Commission has three big decisions to release in the new year, arising out of the Online Streaming Act (having missed the December 2025 deadline set by cabinet).

The most consequential is the second instalment of the aforementioned CanCon video streaming ruling which will deal with issues that could carve out regulatory conditions for a generation:

  • How much money will Netflix and the California streamers have to spend on Canadian shows?
  • Will the Commission reduce CanCon spending for Canadian broadcasters (it will) and by how much?
  • Will the Commission swap out obligations for Canadian broadcasters to make CanCon dramas in favour of underwriting their unprofitable news operations?

The Commission owes us two other big ones in broadcasting distribution and audio streaming. There are lots of issues packed into those two rulings, but the one I am watching is whether the Commission will make Spotify and the music streamers grow the Canadian listening audience for Canadian artists (it’s currently less than 10%).

There are some wild cards in play.

The Federal Court heard the streamers’ appeal against the $200 million levy in June and judgment is overdue.

The legalities of appeal are narrow and amount to whether the Commission dotted the i’s and crossed the t’s. They don’t allow the streamers to easily challenge the CRTC’s wisdom on the size of the levies, nor what they are spent on (i.e. CanCon dramas and broadcast news).

Still, if the Court strikes down the levies on technical grounds just before the CUSMA talks begin it will significantly assist American negotiators or, if our Prime Minister’s climb down on the digital services tax is any guide, assist him in dumping trade ballast.

Another wild card is Québec’s new streaming law, Bill 109. It’s the CAQ’s claim to regulate streamers in case the federal CRTC disappoints on French language content on screens and AirPods. 

When CUSMA talks begin, Québec’s bill will be sited in the same American crosshairs as the federal C-11. With a Parti Québécois election victory in the offing, and possibly another referendum on separation we could hear a lot more about this provincial law.

Next, we can speculate on whether Global TV News makes it to 2027 in one piece. Its parent company Corus refinanced its debt this year and managed to land some new television programming to replace the profitable Disney and Discovery content that Rogers poached from them. 

But Corus still lives hand to mouth, and the news division loses a lot of money. The Shaw family ownership can’t find a Canadian buyer. Even Mark Carney wouldn’t dare exempt the 15-city Global News network from Canadian ownership rules and watch Fox or one of the other US television chains march in and set up shop in every major Canadian city.

The last question mark is a boutique policy issue but carries huge consequences for the survival of the Canadian film and television industry. The CRTC’s ruling that allows US streamers to own majority copyright in their new Canadian dramas turned four decades of Canadian cultural policy on its head. 

The domino that might fall is whether the Liberal government would harmonize the CRTC’s new rules about the ownership of intellectual property in Canadian dramas with its own rules that govern federal subsidies to Canadian programs. The CRTC ruling invites American trade negotiators to demand it.

Online Harms

If Justice Minister Sean Fraser tables an online harms bill in Parliament, it will be time for some soul searching by all of us.

How seriously do we take the online harms of race-baiting and anti-semitic hate, humiliation of women and girls, and harm to our adolescent and teenage children? Are we virtue signalling our concern or do we really want to do something about it?

On the other hand, we shouldn’t be so naive to think that these platforms won’t err on the side of censorship rather than pay fines for permitting harmful content on their services. That’s the sort of malicious compliance Meta meted out by banning Canadian news from Facebook and Instagram rather than comply with the Online News Act.

You can see this debate play out in its beta-version with Bill S-209, tabled by an independent Senator. That bill is legislation that would require porn sites and social media apps to exclude minors from accessing hardcore porn by using third party age verification services. 

Again, the harm is obviously serious, but how seriously do we take the harm? Even though the risks are remote, how much are we willing to gamble the privacy of porn site visitors and social media followers whose identities might be hacked and exposed?

All eyes will be on Australia which has grabbed global attention by banning teen access to social media, a move that requires age verification of adult social media accounts.

AI

It would be guesswork to predict what happens next with the amazing explosion of AI technology, its impact on economic growth and social harm, and government efforts to regulate it.

The most pressing policy questions are in the hands of AI Minister Evan Solomon who has frequently telegraphed his reluctance to impede the development of Canada’s fledgling AI industry by “over indexed” regulations.

But neither has Solomon warmed to the Big Tech campaign to create an American-style “text mining” exception in Canadian copyright law. If he did, he would be sinking any chances that Canadian news organizations and cultural creators have to force AI giants into paying license fees for scraping online content to feed their products. Hugh Stephens has an excellent summary of the current state of affairs, here.

The worst case scenario for content creators is very bad but grimly not a lot worse than the best case scenario.

Even if AI companies submit to paying license fees —-and there have already been a few licensing agreements struck between AI companies and a select group of big news publishers and content creators—– it’s entirely possible that in the next five years AI will so disrupt the direct interface between news organizations and news consumers that news outlets will pine for the days when Google and Meta were taking their hyperlinks for free but at least sending audience traffic their way.

Either the US or Canada may raise AI commerce or the mitigation of its harms at the CUSMA bargaining table. The Trump administration appears to be all in for making American AI into the global masters of the Internet.

But as many have pointed out there is a back eddy at state-level where MAGA politicians are as concerned about AI harms as anyone.

CBC Radio-Canada

After the CBC’s near death experience in the last federal election, policy wonks everywhere had suggestions on how the public broadcaster might re-capture the popular imagination with a strong programming line-up that resonates across the entire country.

We’ve had a statement of intent from the new CBC President: more local news, especially in the West, but what else?

If the Prime Minister gives away the media policy store to the Americans, what the CBC does becomes even more important. 

Bandwidth

Whatever the government wants to do on media and cultural policy in 2026, bandwidth could be a problem.

I don’t mean download speeds. I mean the administrative bandwidth in the federal Heritage Department. Bureaucrats will be on call 24/7 during trade talks; the department is already charged with developing legislation to overhaul the governance of the CBC; and there are any number of quiet policy reviews and projects going on.

This could be the busiest year ever for media and cultural policy and the unhappy timing of Steven Guilbeault’s exit from cabinet means that we have a rookie Heritage minister, Marc Miller (who may or may not be as invested in C-11 or C-18 as Guilbeault).  

Compounding that lack of experience is Carney’s decision to shuffle the deputy ministers who do the grinding work of getting things done in government. Long time Heritage deputy Isabelle Mondou just got shuffled to the Privy Council Office. Good luck to the new guy, Francis Bilodeau.

***

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

Catching Up on MediaPolicy – the new season of Stursberg’s CBC – the federal budget – Le Devoir’s Meta work around – Australia will regulate Netflix

Image by OpenAI

Are you not entertained? Richard Stursberg wants CBC audiences to say yes

November 8, 2025

This week MediaPolicy posted a guest column from Richard Stursberg, the former Vice President of CBC’s English language service, reflecting on the public broadcaster’s recently announced Five Year Plan

You won’t be sorry you spent five minutes with it. It’s a compelling read. Stursberg is one of the few commentators who puts as much emphasis on CBC’s entertainment programming as he does the news service.

Stursberg sets a simple performance bar for the CBC: is it good television? And then he offers a hypothetical new season(s) of great shows that could meet that standard and bring a real buzz to the CBC’s CanCon offerings, while satisfying our Canadian cultural cravings. 

The CBC just got its $150 million booster shot in the federal budget. That money fulfilled an election promise. The 11% increase to the $1.4 billion Parliamentary grant (70% of CBC’s overall $2 billion revenue) won’t necessarily go into a bigger budget for entertainment programming: the Five Year Plan prioritizes local and regional news reporting. But it does give the public broadcaster more options. 

The CBC’s new money was the Carney government’s sole increase to cultural funding in this week’s budget. Culture and Identity minister Steven Guilbeault told the Globe and Mail that the public broadcaster had also been spared from the “15% savings” spending review announced by the government several months ago.

Budget announcements for the Canada Media Fund, the Canada Music Fund, TV5MondePlus, Telefilm, the National Film Board and Special Measures for Journalism (community weeklies) are all multi-year extensions of supplemental funding previously put in place by the Justin Trudeau government.

On the other hand, the budget document includes projected cuts to Canadian Heritage expenditures which might be either civil servant salaries or “recalibrated” program spending. Guilbeault pointed out to the Globe that the $93 million savings figure was 5%, not 15% of expenditures.

The numbers on recalibrated programs might include the scheduled reduction of the federal labour tax credit from 35% to 25% of journalist salaries on January 1, 2027. As well, Guilbeault told the Globe the government was exploring a merger of the Canada Media Fund, Telefilm and the National Film Board.

The budget document included a brief note that changes are in the works for the Canadian Periodical Fund that subsidizes weeklies and magazines (the government only told me that the details would be communicated at a later date).

The status quo on cultural funding shouldn’t be surprising, given other priorities in 2025.

Still, TV and radio news outlets were miffed that the government didn’t end its arbitrary exclusion of broadcasting companies from accessing federal aid for their online news websites that —-but for the television and radio properties operated by their parent companies—- would be eligible for the $75 million pool of journalist salary subsidy available to all online news outlets. 

***

There’s a useful explainer posted in Paula Clark’s Substack about the Blacklock’s Reporter litigation with the federal government over Parks Canada’s sharing of a paywall password obtained from an individual subscription, giving unlimited access to every article in the Reporter’s database. 

The watchdog news website was in court last month, appealing a controversial trial ruling in favour of the government which appeared to bless the government’s actions and give short shrift to copyright protection. 

Among the many legal frailties of the trial judge’s decision is that it appears to expand the public right of “fair use” sharing of quotations or text snippets to authorize redistribution of full articles and, thanks to the password sharing, Blacklock’s entire news archive.

It’s a legally complicated appeal, which is why’s Clark’s piece is helpful. 

***

As you know, in 2023 Meta responded to Parliament passing the Online News Act by banning most news content from Facebook and Instagram in Canada (a news outlet can pay Meta to post content as an advertisement).

The ban hit the many Canadian news outlets relying heavily upon Meta platforms for content distribution. While the news blackout probably impacted free sites harder, paywalled sites were affected too.

The marketing director at Le Devoir is claiming a measurable success in making up for the lost distribution by working a lot harder at its direct engagement with readers, especially demonstrating the value of content to new subscribers.

Meta hasn’t entirely given up on Canadian news journalism of course. Just last week The Hub published a well argued commentary advocating against the federal government pursuing a digital sovereignty strategy. Meta sponsored the article.

***

The Australian government has moved the yardsticks on implementing something like Canada’s Online Streaming Act for Netflix and the other foreign video streamers, a move it has been mulling over since early 2023.

The legislation hasn’t been tabled with details yet, but the announcement suggests the streamers will have to spend 7.5% of their Australian revenues on local entertainment programming. Australian-owned television companies are already required to meet spending quotas for local content and they see the new law as a measure to “level the playing field.” 

The news coverage of the announcement is unclear as to the impact of the legislation, as Netflix already invests in video production shot in Australia. It may depend upon the definition of local Australian content.

Significantly for Canadian observers, Australia is not proposing that the foreign streamers make financial contributions to Australian programming through contributions to third party production funds. 

A report by the Australian Broadcasting Corporation speculates on whether the announcement will provoke a reaction from the Trump administration.

***

If you have the twenty minutes, I recommend Natalia Antelava’s incendiary interview of Google’s Richard Gingras in Coda, just for sheer entertainment if not enlightenment. Gingras is Google’s former VP of News and is currently the board chair of Canada’s Village Media.

Antelava goes after Gingras for some of Google’s controversial decisions in foreign autocracies, like agreeing to Vladimir Putin’s demand to spike a voting app set up for the Russian 2021 elections by the dissident, Alexei Navalny, who later died, possibly poisoned, in a Putin prison.

However on the main interview topic of the power asymmetry between Google and the news industry, Gingras sticks to his story that Google’s relationship with publishers is collaborative, not exploitive, which requires him to engage in some grimace-inducing denialism about Google’s abuse of market power over news outlets in Search and digital advertising, both of which have been ruled illegal monopolies by US courts.

Another tidbit: Gingras claims that Google CEO Sundar Pichai was embarrassed by the now famous line-up of tech CEOs attending the Trump inauguration and suggests the photo op was “cleverly staged” by the White House.

“That’s the last photo Sundar ever wanted taken,” says Gingras. “We don’t support this administration.”

Only the ballroom.

Associated Press photo of Tech CEOs Zuckerberg, Bezos, Pichai and Musk.

***

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

Are you not entertained? Richard Stursberg’s five year plan for the CBC

November 6, 2025

In October CBC President Marie-Philippe Bouchard unveiled her eagerly anticipated five year plan for the public broadcaster.

MediaPolicy commented on her map here and here. Months earlier, I also provided a platform for a number of guest columns or interviews with former CBC insiders and pundits who offered some broad brushed comments on how the CBC ought to reinvent itself, one of the nation’s great and never-ending dialogues.

One of those guest columns was from Richard Stursberg, the former CBC Vice President of English language programming, “welcome Ms.Bouchard, here’s some advice.”

Now that President Bouchard has weighed in, it’s the right time for another guest column from Stursberg, the author of The Tower of Babble: Sins, Secrets and Successes inside the CBC.

***

The CBC’s Five Year Plan

By Richard Stursberg

In 1965, Robert Fowler, the Chair of The Royal Commission on Broadcasting and The Advisory Committee on Broadcasting, noted in a much quoted observation that:

         “The only thing that really matters in broadcasting is program content; all the rest is housekeeping.”

He was, of course, quite right. The measure of a successful broadcaster is the quality and popularity of its shows. All the rest – technologies, personnel, locations, financing, studios and platforms – are housekeeping, there to support programming.

Recently, the new President of the CBC, Marie-Philippe Bouchard, announced her new five year plan for the corporation, her vision for its future. It is called: Here For Canada, 2025-2030 Strategy.

The plan begins by stating – correctly – that “the core purpose of the CBC (is) ‘to contribute to shared national consciousness and identity.’” She then goes on to discuss the audiences she will target and the housekeeping measures she will employ to get there.

Her focus, she says, will be on children and youth, who she acknowledges are largely lost to digital platforms, newcomers, and “non-users and dissatisfied users”. She is planning to focus CBC’s programming on those least likely to consume it. This seems a tough assignment.

She goes on to target small towns, the North and minority language communities. Canadians, however, mostly live in large cities. Almost 60% of the population lives in the ten largest urban areas that produce 75% of the country’s economic output. Her focus on the places where Canadians are least likely to live also feels like a tough assignment.

Having established her target populations, the President describes the housekeeping measures she will employ. She proposes to be “digitally agile”, to emphasise “partnerships”, to get “closer to communities”, to expand “FAST channels”, and to”increase investments in independent productions”, among other things. These are no doubt sensible things to do; they should receive The Good Housekeeping Seal of Approval.

There is, however, little or no discussion in the President’s plan of programming, “the only thing that really matters in broadcasting”. There is no indication of what kinds of shows will be financed over the next five years. There is nothing in the plan that describes the types of dramas, news, documentaries or comedies that will be produced. It provides no discussion of what Canadians can expect to see, hear or read on the CBC’s many platforms.

Mme. Bouchard is not alone in providing a plan that emphasises housekeeping. Almost all of her predecessors did the same thing. Despite Robert Fowler’s caution, they have produced strategies, plans and visions that decade after decade have been preoccupied with the nuts and bolts of broadcasting, and only rarely with its content.

What, then, might a real plan look like, one centred on programming and not housekeeping?

In producing one, it would be wise to start with Mme. Bouchard’s observation that the core purpose and mandate of the CBC is “to contribute to shared national consciousness and identity”. 

It must also recognise that – as the president makes clear – “social and political polarisation are on the rise, as are threats to national sovereignty”. Canada feels badly divided: the West is alienated; Quebec is flirting again with independence; indigenous people are rightly aggrieved; and the young feel deeply disadvantaged. At the same time, Canada is confronted with a belligerent and unpredictable neighbour to the south that threatens the very existence of the country. Whatever program plan is created, it must speak to the moment.

The programming must also stand out in what is a very crowded field. New, beautiful foreign shows are available everywhere There is more content than anyone can consume, and the sheer excess dictates that only the really original, dramatic, relevant and exciting will be watched, listened to or read. 

 By way of a simplistic formulation, let’s break shared national consciousness and identity into three key questions and see what kind of programming might speak to them. The questions are:

 1. The classic: Who are we?

 2. The obverse: Who are we not?

 3. The Northrop Frye: Where are we?

Here For Canada: 2025-2030: The Program Strategy

Who are we?

Twenty-five years ago, the CBC released Canada: A People’s History. Its narrative connected the different periods of our history into an overall account of Canada’s national identity. It was an enormous hit.

The CBC will produce three new histories.

– An Indigenous people’s history of Canada. The history of the conquered is invariably different from that of the conquerors. For Reconciliation to be achieved, it is essential that all Canadians understand what happened. It will be dramatic and revelatory.

 – A history of French Canada. The struggle to preserve French Canada’s language and culture is little known in English Canada. Understanding is the key to shared  consciousness.

 – A history of Western Canada. The emergence of a  Western identity is not well understood in the East; its grievances, triumphs and ambitions are often met with scorn. To create a national consciousness, its story needs to be told.

With these three new histories, the CBC will reclaim its position as the principal source of broad public debate about who we are and the events that formed us. The new histories will inevitably precipitate debate. While we will try to make them as factually accurate as possible, there will surely be controversy. We welcome it. Arguing together is how we find out who we are.

Who are we not?

The answer, of course, is not Americans. Canada has historically defined itself in opposition to the United States, now perhaps more than ever. But not wanting to be American is not the same as not wanting to understand them. In the current circumstances, with the ongoing trade war and threats of annexation, it is essential to understand deeply what is happening south of the border.

The CBC will explore Canada’s relationship to the United States through comedy, news, documentaries and drama.

It will resurrect its comic exploration of the States. A new version of Rick Mercer’s Talking to Americans will be produced, with a sparkling new host.

A new half hour situation comedy will also be commissioned about a Canadian family that has to move to the heart of MAGA-land. It will be similar to Schitt’s Creek, but funnier – if that is possible. Think of it as MAGA Creek.

The news department will expand its coverage of the Republican strongholds in the Red states. It is no longer possible to understand US politics and society with reporters only in LA, New York and Washington; Canadians also need to hear what people are thinking and doing in Florida, Texas, Alabama and Utah.

The CBC will initiate new documentary and current affairs coverage of the key sectors of the MAGA movement, providing in depth explorations of American gun culture, the manosphere, evangelical Christianity, and white nationalism. They will look not only at what is happening in the US, but how these movements overlap developments in Canada. Our coverage of the Americans will focus on how what happens there matters to us.

Finally, a major dramatic series is in development about the invasion of Canada by the US. It has happened twice before.This series is set in 2029 and features tense negotiations. Doomed lovers, drone warfare, blockades, split families cyber attacks, tragedy, excitement and victory – but for whom?

Where are we?

Many of the CBC’s most successful shows have criss-crossed the country, letting us know and laugh at ourselves. The Debaters and The Rick Mercer Report showed us who we are in all our variety. The new season will bring back travelling shows that explore the country’s music, sense of humour, accents and general weirdness in all our regional variety.

A big unscripted exploration is also planned, a sort of Survivors: The Winter. It will be short on swimsuits, but long on snowstorms, frozen lakes, treachery, huskies, snowmobiles, ice fishing and bad behaviour. Where are we if not in The Great White North?

The physical country has increasingly given way to a virtual one. Canadians live more and more online, in social media, through avatars and artificial intelligence, the CBC will explore our new digital environment through news, documentaries, drama and comedy.

The news department will assign journalists to the major platforms, as they are assigned now to major cities. They will be covered as distinct places with, like all places, their own characters, myths, values and events. Their reporting will be enhanced by documentaries on how these worlds are structured, how they treat their citizens, and what they mean for Canadians’ sense of their own identity.

The CBC has a number of dramedies in development that will explore what happens when people are stuck in and cannot escape their favourite social media platforms, how they respond to falling in love with an AI based lover, and what it means to give up normal life altogether for the pleasures of a purely digital one.

These new programs will supplement the great shows the Corporation already produces.

We will also update our flagships with a broader set of views and guests. The National will be modernised; and the News Network will search out a broader set of voices. We will invite Canadians to see not just politicians and “experts” but also the vast range of thought leaders throughout the country: the zany, the ignored, the keepers of secrets, the ideologically marginal and the hilarious.

The CBC will judge the success of its five year plan on how Canadians respond to our programming. We will measure our success not just in terms of audiences, but also the debates and controversies it engenders. Our hope is to be funny, wise, difficult, exciting and unforgettable. Our ambition is to be as charming, cantankerous, funny and well informed as the country itself.  

 This may not be the best program strategy for the CBC in 2025-2030. It may be too ambitious, too expensive, too hard to execute or simply wrong headed.  The point of it is not that it’s right but that it provides a point of departure to talk about what the CBC should be programming over the next five years. 

If not this approach, then what? After all, “The only thing that really matters in broadcasting is program content; all the rest is housekeeping”. 

***

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

Catching Up on MediaPolicy – Canadians don’t want culture thrown under the bus – the CBC’s trust factor – Wikipedia or Wokepedia

(Some classic Canadian humour to start your weekend)

October 25, 2025

MediaPolicy previously made the observation that while Culture and Identity Minister Steven Guilbeault rejects any further trade concessions to Donald Trump on cultural legislation, we haven’t heard from Mark Carney. And probably won’t. The PM is shying away from those kind of red lines as he transitions rhetorically from “elbows up” to bended knee. 

Those of you who recall your history might remember that, according to reports, Canada’s theatrical film legislation was the very last thing on the negotiating table when Brian Mulroney and Ronald Reagan agreed to Free Trade deal number one in 1987. It didn’t go our way.

It’s good to educate ourselves in anticipation of similar cliffhangers. Last weekend the Globe and Mail’s arts staff writers went all out with a collection of stories about the challenges for Canadian artists and media producers as Canada’s trade relationship with the United States wobbles. 

Kelly Nestruck wrote about how television production, stage shows and museum exhibitions are going to manage when access to their main export market, the United States, could be up for grabs.

Brad Wheeler invited Rheostatics’ Dave Bidini to riff on his new album, as well as elbows-up nationalism (“Bumper sticker nationalism is not interesting to me,” says Bidini). 

Josh O’Kane looked at the desperate state of Canadian-owned book publishing.

Kate Taylor offered a solid overview of trade deals and US retaliation (and trade law wonks can check out the latest from Hugh Stephens).

Eric Andrew-Gee explained the warm hearth of Québec’s cultural nationalism to anglophones (“The price of having a culture to protect is constant fretting about the state of that culture”). 

And last of all Barry Hertz broached the sensitive topic of whether collectively we are up to supporting Canadian culture at all. 

Hertz’s column references a new opinion poll just released by Pollara, sponsored by Canada’s independent television and film producers, that shows Canadians want Mark Carney to defend Canadian culture against American trade aggression. 

The poll says that 87% of Canadians now support the Liberals’ Online Streaming Act Bill C-11 (up from 67% in May 2022). As for having a fight over Canadian culture with Trump, 68% of Canadians say yes, only 13% say throw it under the bus (the rest don’t know).

It’s true that half of Pollara’s respondents had no clue about C-11 in the first place, but the pollster’s “statement” polling below suggests Canadians’ values are nevertheless strongly aligned with defending cultural legislation.

***

In last weekend’s post, MediaPolicy summarized CBC President Marie-Philippe Bouchard’s plan for reinvigorating the public broadcaster. Her two biggest points were “more local” and “more diversity.”

Bouchard did the Parliamentary rounds last week, appearing before the Commons Heritage Committee and the Senate communications committee

Bouchard’s line on ‘more local’ —-she keeps using the word “proximity” to capture both geography and audience affinity with content —- is that digital technology means the CBC can pivot back to local without having to build new stations. 

Sitting next to Bouchard, CBC’s Regional Services GM Jean Francois Rioux also emphasized affinity. Canadians want to see people “like me” or “like us” on CBC. They also want other Canadians to see and hear their concerns on the national stage that CBC provides.

There are others who have a different take on affinity, and they mean ideological affinity, code for “more conservatism” on CBC.

Bouchard treads delicately on this one, although in her Commons appearance she thoughtfully suggested that the CBC’s retreat to major cities as a response to budget cuts in the 1990s probably meant that coverage skewed to metropolitan values, which can feel “more centre and left” to anyone living in the “more centre or right” hinterland of Canada. 

Bouchard was also interviewed by CBC reporter Jayme Poisson on her October 16th Frontburner podcast. Poisson poked reasonably hard on a number of sore points. On ideological diversity, Poisson pointed out that although CBC’s “trust” rating tops the charts, CTV and Global score better with conservative listeners. Maybe more opinion coverage is what’s needed?

Bouchard didn’t immediately bite on the suggestion —- avoiding a debate over whether big-c Conservatives are treated fairly in CBC coverage— but said what was needed was consistent inclusiveness in CBC content:

Well, I mean, there’s all sorts of ways to make people feel reflected and included. It starts by being in the communities where they are. It also means including a more diverse set of points of view. If that’s possible. And it’s also about being constant about it. Not just during an election period or during a specific period of time. It’s just to have that reliable approach to a diversity of points of view.

That sounds like a shift in content curation as a conscious effort. The execution will be the hard part. 

***

A public broadcaster that offers affinity as broadly as possible (my new description of being “highly trusted”) is something we need to keep our democracy glued together. It’s important that everyone is motivated to check in with at least one media source that tells them about all tribes, not just their own.

Wikipedia does something similar. The popular website is quietly just there in our Google Search results. If you read it critically, you’ll get both the uncontroversial facts and the contentious points, the latter helpfully linked to content that you can read and then draw your own conclusions.

That’s unless Wikipedia is a woke, left-wing mind control machine, which is how it gets disparaged these days by the MAGA movement. To that point, Elon Musk says he’s about to release his politically recalibrated competitor to Wikipedia.

Here’s an interesting read from the Washington Post about the political campaign against Wikipedia lead by co-founder Larry Sanders.

***

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

Catching Up on MediaPolicy – CBC President unveils a new vision – Anti-porn bill is back in the Senate – did C-18 give Google a get-out-of-jail card on content scraping?

October 18, 2025

Last fall, when the CBC seemed destined to fall at the hands of an incoming Conservative government, MediaPolicy published a number of posts on “what is to be done” if the CBC received a stay of execution.

One post (MediaPolicy’s most popular ever) was a guest column from ex-CBC VP Richard Stursberg welcoming the new CBC President Marie-Philippe Bouchard with some advice for a re-engineered public broadcaster.

One federal election later and we are now getting a clearer picture of what a rethought CBC might look like.

This week Bouchard disclosed an advance copy of her five year plan to Canadian Press which published reports in English and French. The latter story is more in-depth, based on an interview with Bouchard.

Combing through the obligatory recitals for something new, Bouchard’s vision has some promising ideas.

The Plan document makes the familiar aspirational points about connecting Canadians with each other and fostering dialogue. 

More concretely, her Plan commits to increasing CBC’s presence in local communities, “aiming to fund additional overage and hire sufficient journalists to cover 15-20 communities with a population greater than 50,000, that currently have no or little local CBC/Radio-Canada presence.”

Keeping that promise no doubt depends on the Carney government following through on its election promise for $150 million in additional funding.

Then there is the CBC’s platform problem. There are too many of them. But the CBC needs to be on them if it’s going to reach the nation’s audience —-multi regional, multi generational, multi lingual and so on. That’s a resource challenge for Bouchard.

Bouchard says CBC has to follow that national audience, youth in particular on digital platforms. The public broadcaster’s analog-to-digital transformation has been underway for years now —over time, television and radio funding has been cannibalized to support digital, especially the CBC News website. Its YouTube audience has grown quickly and TikTok is a must-do opportunity. Bouchard says the logic of the transition necessarily means cutting costs on other platforms, “stopping or transforming certain activities,” though she doesn’t say where or how much.

As for the CBC’s uneasy relationship with private sector media, always frayed because of CBC’s competition for advertising dollars on television and digital, Bouchard wants to focus on where the CBC can collaborate with local media and independent journalists, but also with the content creators and influencers who are popular with youth.

Bouchard also says the CBC should be “a pollinator, a helper to the [journalism] industry.” She told CP that “when we have services to share or offer, we should offer them on terms that are affordable for these media outlets. We have premises, we have space. We can consider facilitating access to [our] assets at zero cost or at a reduced cost that promotes budgetary balance for our colleagues.”

Finally, she grabs hold of the elephant’s leash: the widespread perception that the CBC isn’t ideologically ecumenical in its editorial curation; that it’s insufficiently conservative by content and temperament.

There will be no pleasing the CBC’s harshest critics, but Bouchard says the CBC wants to make a big effort to win over those who don’t tune in or else “undervalue” (what a euphemism!) the public broadcaster’s content. A step in the right direction is devoting more resources to the West and in rural Canada.

But that doesn’t just require money, it requires a migration of corporate culture.

The five-year Plan is officially unveiled on October 28th.

***

There is no sign of the federal government retabling its online harms bill in Parliament. It died on the order table at the last election.

Instead, Senator Julie Miville-Dechêne’s has revived her Bill S-209 which zeroes in on harmful pornography being made available to kids. The debate rages in the Senate’s Legal and Constitutional Affairs committee and MediaPolicy reported on it this week.

***

The much-slagged Online News Act Bill C-18 took another hit this week from The Hub publisher Rudyard Griffiths who told the Parliamentary Heritage Committee that C-18 protects Google from potential copyright lawsuits for ingesting and repurposing Canadian news content in its AI tools, Overview and Mode, embedded in its search engine. 

The bill, Griffiths told MPs, “requires all news organizations [accepting money under C-18] must make all of their content available to Google. If you are a recipient of funding through the Online News Act, you are unable to prevent Google from scraping behind your paywall, scraping subscriber-only content to serve up in their [large language model]” 

Sections 2 and 26 of the Act grant a copyright waiver for news content that Google “makes available” on Search by “ranking and indexing” so long as Google reaches a compensation agreement with news publishers. 

The Conservatives’ slagger-in-chief of the Online News Act, MP Rachel Thomas, jumped on Griffiths’ claim and posed it as rhetorical question to subsequent witnesses appearing before the Heritage’s committee that is investigating the impact of AI on Canadian media and cultural industries. 

As Canadian news outlets have yet to sue Google for ingesting their news content and repurposing it in Overview and Mode, this remains a hypothetical issue for now. If it got before a judge, the court would have to decide if “ranking and indexing” is what an AI tool does, as opposed to ingesting, summarizing and rewriting from multiple sources. The fact that Mode and Overview are embedded in Search, as opposed to a separate AI app, could be important too.

This idea that that Google might have snagged a windfall immunity from copyright challenges to its content-scraping for AI tools arose previously when Google struck its agreement in June 2024 with the Canadian Journalism Collective for the distribution of Google’s $100 million compensation for Canadian news content, a year after the Overview prototype was launched in the United States.

Taking its cue from section 26 of the Act, Google inserted a clause into its agreement with CJC:

7(h) The Collective will not initiate or participate in, and will include a similar requirement of the Members in the Members Agreement, from initiating or participating in, (i) any bargaining process or (ii) proceeding before the Commission, a mediator, an arbitration panel, or a court of competent jurisdiction, in each case related to (A) any bargaining process in connection with Google, any of its Affiliates, or any Intermediaries pursuant to the Act or the Regulations, or (B) infringement of copyright in relation to making available news content of Members by Intermediaries in the manner permitted by the Act. The Collective will enforce such provision in the Members Agreements to the fullest extent and in a timely manner.


When the Google-CJC agreement was submitted to the CRTC for approval, the Commission appeared to say that the copyright waiver didn’t apply to AI tools so there was no need for action “at this time”: 

Some interveners, including the CP group, Village Media, The Logic, and Unifor, raised issues with clause 7(h) in the Agreement, which forbids news businesses from pursuing Google for “infringement of copyright in relation to making available news content of Members by Intermediaries in the manner permitted by the Act.” The interventions raised concerns that this would limit their ability to enforce their copyright against Google for uses beyond making news content available on Google Search. In particular, interveners were concerned about potential use on DNIs other than Google Search, or used to train artificial intelligence (AI) models. Google argues that the provision is drafted specifically to reflect the use considered under the Act, namely the making available of news content on the DNI covered by the Agreement.

Section 26 of the Act protects an operator from copyright liability in certain circumstances where its DNI makes news content available. Clause 7(h) of the Agreement extends a similar protection to Google in respect of the making available by Google Search of the news content of news businesses in the collective. (Original Footnote: Clause 7(h) refers to news content made available by “Intermediaries” of Google. Under the Agreement “Intermediaries” is defined as DNIs operated by Google to which the Act applies, which is only Google Search). To the extent that this clause reflects protections from liability set out in the Act, the Commission notes that there is no need for any further action at this time. As a result, the Commission makes no order with respect to clause 7(h) of the Agreement.

So far there’s no copyright lawsuit, so there’s no issue. That might change.

While you’re thinking about news organizations and AI scraping, you might find interesting copyright expert Hugh Stephens’ latest post about the debate that is unfolding at the Heritage committee.

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

Catching Up on MediaPolicy – Spotify’s coy ignorance – Guilbeault’s agenda – Paramount, HBO and Crave

October 11, 2025

I am guessing the five commissioners running the CRTC’s public hearing on radio broadcasting and audio streaming read Simon Gionet’s column in Le Devoir, published on the last day of hearings, September 29th.

The story conveyed the Québec’s music industry’s message: we’re getting slaughtered and the CRTC better do something about it.

The online streaming consumption of Francophone music in Québec is 4.6% per cent of the top 10,000 songs, according to the latest projections by l’Observatoire de la culture et des communications de l’Institut de la statistique du Québec.

Approximately five per cent. In a province that is 80% Francophone.

This is happening in an environment in which streaming is gradually displacing the sale of digital and physical music formats in Québec; 55% of those sales are French language music. It’s skewed by age: the Observatoire notes that consumption of French language music remains high in legacy media such as physical music sales and radio, but rock bottom on streaming services, the medium of choice for the younger generation.

At the CRTC, the response of foreign music labels and global streamers went like this:

Patrick Rogers of Music Canada (the big three labels Universal, Warner and Sony) told the CRTCwhat we don’t support is [a CRTC requirement for] the inclusion of any music, Canadian or otherwise, that wouldn’t normally make‑up that listening experience.”

Xenia Manning, Spotify’s Director of Global Music Policy, offered her coy ignorance of the French language problem. When asked by a commissioner if the Observatoire’s “five per cent” number was accurate for the world’s biggest music streamer, Manning said “we could look into it.”

The best known spokesperson for Québec’s music industry is APEM’s Jérôme Payette. “The future of the music industry as we know it is truly at stake,” he told Le Devoir. “Our Francophone and Canadian musical culture risks virtually extinction or becoming completely invisible and marginalized if nothing is done.”

His ask of the Commission was:

  • Make the streamers include 50% Canadian music in their song recommendations made to Canadian subscribers, including a French language quota;
  • Next, collect quarterly data on the consumption of music;
  • Take further action if the new numbers aren’t good enough, and 
  • Look for an improvement from 2% to 8% consumption of French language music across Canada by 2029 (he didn’t specify a Québec-only number).

Payette’s parting shot to the Commission was “the CRTC has the opportunity… to show that we are capable of standing up to preserve our cultural sovereignty and our culture.”

***

Ah, the federal Heritage committee is back. How I have missed its performative politics. 

All roads to Canadian cultural policy run through the ten MPs who sit on this Parliamentary committee, five Liberals, four Conservatives and the lone member from the Bloc Québécois. 

It’s useful to parse the committee transcripts for clues on the government’s legislative intentions, as well as what mayhem to expect from Opposition MPs.

First, a report on the mayhem. The Conservatives began their dependable tormenting of the CBC. They also pushed successfully (over Liberal objections) to send three of the committee’s Reports from the last session of Parliament to the House of Commons. Those reports (on Big Tech meddling in Canadian politics, toxic content on social media, and the state of Canadian news media) are now filed in the Commons, with Conservative dissents, so the government owes a written response. More grist for the mill.

Going one Report further, the Conservatives won a new committee investigation into the state of news media, with subject matter, witnesses and committee dates to be determined. 

As for the government agenda, Minister Steve Guilbeault appeared at the committee and promised something newsworthy about CBC’s plans for local news would emerge soon. 

He was grilled by the Conservatives and the Bloc about where the rumoured Liberal budget cuts to his department’s programs might fall. He deferred to the Finance Minister’s budget on November 4th, but hinted about consolidating the administration of the Canada Media Fund for television, Telefilm, and another program (my guess, the National Film Board). It seems unlikely he can cut 15% of spending over three years without paring back program spending. 

The Minister also gave an unparsable answer to a question about retabling Bill C-63, the complex online harms bill that included mandatory safety codes for social media platforms, a revived individual right of complaint against hate speech, and stronger criminal penalties for online hate. While the latter subject matter is arguably covered by Justice Minister Sean Fraser’s Bill C-9, Guilbeault left us guessing about bringing back the safety code proposal. 

One last point, I was surprised that the Minister was willing to take the Conservative bait to pass judgment on ex-CBC host Travis Dhanraj, who claims he was mistreated and prevented from inviting conservative guests onto his show by CBC management.

Travis Dhanraj with co-host Karman Wong and guest Kevin O’Leary

The Minister’s comments in French —“d’abord, je tiens à déplorer ce qui est arrivé à cet employé”—- were officially translated as “I condemn,” but were closer to “I lament.” He says he wasn’t briefed on the controversy by CBC President Marie-Philippe Bouchard, so his willingness to express regret stands out. Later in the transcript he qualifies his concern by saying “it’s possible that it went very badly for this individual, I’m sorry about that.”

The Committee is currently engaged in a review of AI impact on media and cultural industries to which MediaPolicy will return.

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The Hollywood news outlet Deadline is speculating about the rumoured Paramount purchase of Warner Brothers Discovery. Warner assets include studio production, the premier streaming platform HBO Max, and cable properties CNN, TNT Sports, and various nature and lifestyle channels.

Netflix might submit a competing bid, but Deadline immediately dashed that speculation by observing that Netflix wouldn’t want the cable assets (indeed, ask yourself why they would want anything other than the library of titles). 

What’s not speculated upon is the knock-on effect on Canada, specifically Bell Media which is hanging on to exclusive Canadian distribution rights to HBO content as the ballast for Crave. Bell’s current deal for HBO still runs for an unknown number of years, probably until 2027 or 2028, and keeping access to premium US television dramas will always be job one.

The unanswered question is whether a Paramount-owned HBO would be more or less willing to renew Bell’s deal for Crave or instead go direct to Canadian consumers like Netflix and Disney Plus.

***

Go Jays.

I thought I was too old for birthday presents, but thanks to @27vladdyjr and @davidortiz for this:

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or follow 
@howardalaw on X or Howard Law on LinkedIn.

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

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