Catching Up on MediaPolicy – News bias at the CBC – Online harms back on the menu – Doug, Donald and the 51st state

Exporting Canadian content, c. 1814

December 7, 2024

The closer we get to a federal election, the more the debate about the CBC heats up. 

It’s televised too. Check out the Parliamentary video channels ParlVu and SenVu. Both the Commons Heritage committee (CHPC) and the Senate Transportation and Communications committee (TRCM) are conducting ongoing hearings where Parliamentarians question invited witnesses.

Unfortunately the CHPC is often a gong show as MPs posture for the cameras, so the policy content is low. On the other hand, the unelected Senators on TRCM continuously engage in a serious investigation. Geraldo or the Dick Cavett Show, your choice.

This week the Senate invited former CBC journalist (and union president) Kim Trynacity as well as Richard Stursberg, the former CBC Vice President who recently provided a guest column for MediaPolicy. Both witnesses emphasized that CBC television’s best bet to recover its audience ratings is to double down on local and regional news.

Trynacity made the point that we just can’t wish it so: funding shortfalls were taken out of local television years ago, money would have to be put back.

Stursberg suggested there are unexplored synergies between CBC radio news coverage and cbcnews.ca and that perhaps there are localities where resources from the inherently expensive television news operations could be diverted to sister platforms. 

That’s a pragmatic idea if the gap between ratings and funding can’t be narrowed, but maybe not so enticing to audiences wedded to local news on that medium.

That’s just a taste of an illuminating policy dialogue.

On another policy topic I’ve video clipped three minutes of Stursberg’s time on the witness stand where he commented on accusations of journalistic “bias” against the CBC, the rallying cry that fuels Conservative fund raising to “defund the CBC.”

Stursberg reminded Senators of an external study on CBC editorial performance that he commissioned in 2010. The well publicized results suggested that CBC was being unfairly criticized for partisan bias. 

The advice Stursberg gives now is that the CBC ought to subject itself to this kind of public accountability every year. 

The review would be even more persuasive if expanded beyond partisan reporting (fair or not to political parties) to the hot button issues that routinely feed the culture war of impugning mainstream media. 

On that point, check out this 3-minute video recorded in 2015 by former CBC news anchor Peter Mansbridge who vehemently denies partisan motivations lurking within the CBC. But he posits a “Toronto-centric” mindset of the Front Street journalist corps leaking into its journalist culture and news coverage.

While we are talking about bias and the CBC, this is the opportunity to revisit Pollara’s survey results from last July that I posted about at the time.

First, here’s the headline number on how much Canadians trust CBC News in comparison to other outlets:

Then there’s the question of “nobody’s watching the CBC:”

The latter chart is obviously a polling of audiences on all platforms, not just television.

Now here’s a clue to some of the CBC-bashing:

These trust gaps are clearly driven by party allegiance, a proxy for a diversity of world view and perhaps a visceral cynicism about media (only 25% of Conservative supporters trust the National Post).

Regardless, the exaggerated trust gap for the CBC is a concern, no matter how you look at it.

On the other hand, if the concern is that polarized opinion on CBC “bias” is dividing the country regionally, consider this outtake from the 2024 Sparks poll that compares opinions in Alberta to those in Québec:

***

The Liberals’ Online Harms bill has been plucked out of the Parliamentary wilderness. “Pre-study” hearings at the Commons Justice committee resume Monday.

Justice Minister Arif Virani finally acknowledged political reality and split off the anti-hate provisions of the bill which expand criminal sanctions and re-open the door to human rights litigation. The core of harm prevention in the legislation is a self-regulation regime for social media platforms and that will go forward on Monday.

Given the election calendar, don’t expect much progress. Also expect the Conservatives to filibuster in committee. The CPC has its own harms bill it wants to advance: ironically, it’s a crime bill (although directed only at harms against children).

***

Ontario Premier Doug Ford annoys me so much that I often wish I could vote twice, once for a different Premier and once for a different mayor (oops, he’s not really Mayor of Toronto, he just governs as if he was).

But today I thank my Premier for zipping it to Donald Trump after la grande orange quipped about Canada becoming the 51st American state. I suppose we shouldn’t take offence: after all Trump only wants to annex us, not insult us. 

Globe editorialist Tony Keller has the story of Doug’s retort here, with a bucket of Canadian trash talk for Trump.

AI-generated photo of Donald Trump viewing the Matterhorn in the Swiss Alps

***

Let me recommend a gripping start-to-finish episode of Ezra Klein’s New York Times podcast —-only 80 minutes long!— acknowledging that it may be of more interest to my fellow progressives. 

Klein interviews Faiz Shakir, a senior staffer from the Bernie Sanders camp, on whether Democrats are overdue to embrace “Bernieism.” 

Shakir believes Democrats can win with economic populism, a brand and policy platform that is based on what he describes as the majoritarian sentiment in the United States that capitalism is rigged and an authentic politician with bulldozer appeal can deliver change “for you.” 

***

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Catching Up on MediaPolicy – MPs whip and clip the CBC – Meta’s deadline – Big Tech’s bad week – bar fights as CanCon

CBC-Radio Canada Outlets across Canada

November 30, 2024

The devil makes work for idle hands and lately MPs from the filibuster-becalmed House of Commons amuse themselves by summoning CBC Presidents before the Heritage Committee. Once in the dock, prosecutorial MPs flay the witness and then video clip for their social media posts.

I call it, “whip and clip.”

On Thursday Heritage MPs had the incoming CBC President Marie-Philippe Bouchard before them.

Some MPs had trouble with their facts. Not without justification, MP Kevin Waugh cited the public broadcaster for raking in $400 million in advertising revenue that could otherwise be available to private media. The true dollar figure is $270 million; Google and Facebook have the rest.

MP Jamil Javani claimed that CBC English language television has a 2.1% share of viewing audience. The CBC’s percentage for prime time viewing in television, excluding its all-news and documentary channels, is more than twice that at 5.2 %. By comparison, Canadian private broadcasters collectively take 26%, a wide array of specialty channels are at 53% and US networks are at 13%.

Conservative MPs dwelled upon the bonus payout for senior CBC executives. Bouchard defused the situation by agreeing to review the payments, make her review transparent, and gently reminded MPs that the correct term is “variable pay” (the at-risk performance pay that is part of every senior manager’s compensation package in the modern world).

MP Niki Ashton from northern Manitoba assailed the CBC for its retreat from local television news. She’s not imagining that: in response to the deep Liberal budget cuts during the 1990s, the public broadcaster closed stations and reduced coverage across Canada. The coverage-killing budget cuts didn’t stop there: between 2013 and 2023, the CBC responded to Parliament’s austerity by reducing its spending on television programming in English Canada by 40% in real dollars as it shifted resources to online news.

Bouchard’s reply to MPs was noteworthy: local news will be a “big focus” as the incoming CEO. Last month the CBC announced it was spending its $7 million of “Google money” on hiring 25 journalists in underserved markets.

***

In a previous post I did the CRTC an injustice by accusing Commission staff of “twiddling around” in its investigation of whether Meta is offside by selectively waving some news items through its block of Canadian news content. 

I said that because the Commission appeared to be too patient in allowing Meta lawyers to rag the puck in response to the CRTC’s demand for the details on the porous news block, details which the regulator intends to make public in the course of its inquiry.

Last Monday the Commission fired off another letter to Meta and, if you read for nuance, you will conclude that the CRTC has lost patience with Mr. Zuckerberg’s demands to keep his explanation a secret and is ready to post Meta’s unredacted explanation of its news block.

Meta has until tomorrow to play ball or else. Else what, we shall see. Once Meta’s statement of defence is public, the next step will be a decision from the CRTC on whether to investigate further. 

***

There may never have been a busier week for Big Tech lawyers responding to legislation and lawsuits around the world.

Here’s a quick run down:

  • Australia passed a law banning kids under 16 years old from having their own social media accounts (WhatsApp and YouTube excepted). The ban takes effect a year from now —-an eternity in political time—- as the thorny issue of age verification gets sorted out. The debate over the legislation was the occasion for Elon Musk to tweet accusations of censorship, a rebuke from the CEO of the Australian public broadcaster Kim Williams and then Musk responding by unleashing a troll storm against Williams.
  • The Australian government dropped its version of our Bill C-63, the Online Safety Act. Its “misinformation bill” was destined to fail in the Australian upper chamber where the government does not enjoy a majority.
  • The Canadian Competition Bureau has filed suit against Google for allegedly abusing its market power in digital advertising. Having cleared Google of this very charge in 2013, it seems likely the Bureau has more evidence in hand as a result of the ongoing anti-trust trial against Google in the US. 

***

The Globe and Mail’s Cathal Kelly is a born-with-the-muse columnist who just happens to write about sports.

His cheeky take on Canadian content and retired hockey enforcer Paul Bissonette is delightful (provided you aren’t squeamish about bar fights). 

***

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Letter to the Editor from APTN: Stursberg’s proposal for CBC show ‘undermines’ Indigenous broadcaster

November 28, 2024

A letter to MediaPolicy from the CEO of the Aboriginal Peoples Television Network responds to remarks made by Richard Stursberg in his recent MediaPolicy post, “Welcome Mme.Bouchard, here’s some advice.

***

 I am writing on behalf of APTN in response to Richard Stursberg’s recent column, “CBC: Welcome Mme. Bouchard, here’s some advice.” While we agree with several of Mr. Stursberg’s suggestions, we strongly disagree with his suggestion that CBC/Radio Canada should helm a documentary series on the Indigenous People’s History of Canada – similar to its successful Canada: A People’s History series.

For 25 years, APTN has been at the forefront of Indigenous media in Canada, dedicated to sharing our Peoples’ stories our way. As the first national Indigenous broadcaster in the world, APTN was created specifically to provide a platform for Indigenous voices, perspectives and languages —something no other network can claim as its primary mandate. Over the years, we have produced and aired countless groundbreaking series, documentaries and programs that authentically reflect the diversity and richness of Indigenous cultures, histories and contemporary realities. 

The network’s involvement in series like 1491: The Untold Story of the Americas Before Columbus, Treaty Road, Secret History, Future History, Red Earth Uncovered, Wild Archaeology and First Contact/Premier Contact – among many other titles, showcases APTN’s ability to handle complex and sensitive topics with the nuance and respect they deserve. 

We have also co-commissioned some of the most important Indigenous cultural/historical documentaries, including Singing Back the Buffalo, Wilfred Buck, nîpawistamâsowin: We Will Stand Up, Beautiful Scars of Tom Wilson and Coming Home. Such documentaries have been instrumental in educating the public and preserving Indigenous heritage. 

The suggestion that only CBC can undertake this kind of storytelling undermines the work APTN has been doing with expertise and dedication for decades. It dismisses the contributions of Indigenous journalists, producers and creators who bring unmatched cultural understanding, lived experience and nuanced perspectives to the stories they tell. Furthermore, it perpetuates a harmful narrative that Indigenous voices require validation or mediation by non-Indigenous institutions to be heard or understood.

While no doubt well-intentioned, Mr. Stursberg’s recommendation overlooks APTN’s existence and its role in fostering and broadcasting Indigenous stories, and the need for strong and unwavering support of that role. 

Sincerely,

Monika Ille, CEO APTN 

Catching up on MediaPolicy – CRTC’s Netflix plan – breaking up Google? – Meta’s news ban defiance -more CBC debate

November 23, 2024

This week MediaPolicy published a report of the CRTC’s announcement on November 15th laying the groundwork for how Netflix and the other foreign video streamers will contribute to Canadian content under the Online Streaming Act.

Released on a Friday, the announcement flew quietly under the radar of the daily news cycle, possibly because there is no immediate price tag attached to Netflix’s future obligations to make or license Canadian shows.

Last June the CRTC imposed on the foreign streamers $140 million worth of annual contributions to Canadian television subsidy funds for news, drama and kid’s programming: last week’s much anticipated announcement might end up being worth five times as much in streamers’ programming budgets for Canadian content.

You can read MediaPolicy’s take, here.

***

There are times when the impact of American public policy initiatives on Canadian media policy dwarves anything we might do north of the 49th.

As you may recall, the trial judge in an anti-trust suit begun by the Trump White House and several states against Google resulted in a legal ruling declaring Google an illegal monopoly in Search and search related advertising. 

Following up, the collective of Attorneys Generals spearheaded by the federal DOJ have now tabled remedial requests to the trial judge. 

Just for starters, they are requesting that Google divest its Chrome web browser and its Android mobile operating system. And there are important requests focussing directly on bootstrapping would-be competitors to Google in the Search market by giving them “catch-up” access to Google’s treasure trove of consumer data. Radical stuff for radical times.

There is a useful news summary from the New York Times. But if you can afford the time for a ten-minute read, I recommend Matt Stoller’s excellent explainer.

As I read Stoller’s piece, it easily came to mind how unlikely it is that Canadian news publishers would have successfully pursued the news licensing payments in the Online News Act if instead of Google’s monopoly on search referrals there was robust competition in the Search Engine market.

***

More than a few times MediaPolicy has raised the question of how Meta is getting away with its selective ban on Canadians news content, its response to our Online News Act

The Heritage Minister raised the same question publicly but she is constrained by the fact that it’s the CRTC’s jurisdiction to investigate it.

It’s possible that federal cabinet considered but dismissed the idea of sending the CRTC a policy directive asking the Commission to look into why Meta permits the sharing of some news items, but not others, and why it has flat-out restored news posting privileges to outlets such as Narcity.

The Commission is twiddling around on this one. In early October it asked Meta to explain the rhyme and reason for allowing some news content on its Facebook and Instagram platforms while banning the vast majority of news organizations.

Meta filed a letter in response and, according to a Canadian Press story, it appears that Menlo Park submitted something, but it’s not clear what. And beyond whatever details of its selective ban it provided, Meta has claimed confidentiality and opposes the public release of its answers to the Commission.

This minor legal drama will play out in the fifth dimension of regulatory time.

Meanwhile the public is still in the dark as to whether the Commission thinks there is a basis for playing hardball with Meta by, for instance, officially designating its platforms under the Online News Act so that banned news organizations can file an “undue preference” complaint and get equal treatment to Meta’s favoured news outlets.

***

I’m pleased that so many followers of this blog liked Richard Stursberg’s guest column on the CBC, his advice for the incoming CBC President Marie-Philippe Bouchard. It’s now the most popular post in MediaPolicy’s short history. 

Now there’s an interesting column from The Hub’s Managing Editor Harrison Lowman in which he identifies the “defund the CBC” problem as the public broadcaster’s news curation and journalism culture. His bottom line: fix it, don’t destroy an important Canadian institution and a vital provider of news journalism.

Lowman’s piece —-clearly not toeing the Conservative Party line—- was immediately disputed by The Hub’s Editor-At-Large and former Harper policy chief Sean Speer. 

Speer’s says his support of defunding the CBC is not founded on an allegation of biased news reporting. Gosh no. It’s about the CBC’s declining audience share (him citing poor television viewership numbers, but ignoring strong digital and radio numbers). His colleague Lowman is just being “nostalgic” about the CBC.

***

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Catching up on MediaPolicy – Stursberg’s CBC advice – friends of ‘Scrap the Tax’ – Heritage report on Big Tech astroturfing

November 17, 2024

This week MediaPolicy hosted a guest column on the future of the CBC from Richard Stursberg, the author of The Tangled Garden: A Canadian Cultural Manifesto and the 2012 Tower of Babble, a memoir of running English language services at the CBC. The column welcomes the new President of CBC, Marie-Philippe Bouchard, with some advice.

Stursberg’s column follows an interview that MediaPolicy published recently with Chris Waddell about his book, End of the CBC?

You see exposed now, my naked agenda: more talk about how to reinvent the CBC and present an alternative to Pierre Poilievre’s promise to defund it. I hope to keep this going with more discussion on this platform.

***

Here’s one piece of my mind I offer about the CBC.

Pierre Poilievre has many political goals to be achieved by defunding the CBC, not the least of which is repaying donors so he can convince them his audacity is genuine.

The other purpose of “defund the CBC” is to effect a seismic shift in the media reporting universe. Silencing the CBC through defunding is the right-wing version of cancel-culture, something you might have heard is a bad thing. The reputed CBC “news bias” will be eliminated along with  the work of 3000 unwanted journalists.

For a thought provoking video clip, here is CBC news host David Cochrane putting forth a plausible hypothetical in a Canada purged of the CBC:

***

On November 15 the CRTC announced that it is commencing hearings on March 31, 2025 that will dive into the meatiest of remaining regulatory issues for video streamers under the Online Streaming Act Bill C-11. MediaPolicy will have more to say about that in mid-week.

Even though the federal cabinet gave the Commission until December 2025 to complete the regulatory “framework” for the bill, the Commission’s laborious pace is awkward given the Conservative election promise to repeal it.

On Friday the Commission made it clear that the best case scenario for completing its work including the specific requirements for online and traditional broadcasters is in 2026 and, as expected, it will pause this work the moment that the election writ is dropped.

That means voters in the a federal election to be held no later than October 2025 will be relying a great deal on what political parties say the legislation is about, rather than how it is actually implemented. We deserve better.

The campaign against C-11 continues uninterrupted.

As covered by MediaPolicy in these two posts, the coalition representing Spotify and the Big Tech music streamers recently launched the public campaign “Scrap The Streaming Tax,” a reference to the CRTC’s CanCon levy authorized by C-11. The Washington D.C.-based Digital Media Association (DiMA) behind the campaign was fortunate to land Canadian rocker Bryan Adams as an ally and supporter of the campaign.

Now DiMA has sponsored —-paid for—- an opinion column from The Hub’s Sean Speer in which Stephen Harper’s former policy chief proposes the repeal of Bill C-11.

The column, illustrated with art from DiMA’s “Scrap the Tax” campaign, signs off “this article was made possible by the Digital Media Association and the generosity of readers like you.”

***

The Parliamentary Heritage Committee has issued its final report on hearings convened in reaction to the political campaigns and news throttles conducted in Canada by Meta and Google in 2022 and 2023. The modest title of the proceedings was: “Tech Giants’ Intimidation and Subversion Tactics to Evade Regulation in Canada and Globally.”

Alas, the committee’s majority report (the Conservative MPs dissented) is anti-climatic. When the hearings commenced, MPs demanded that Meta and Google cough up e-mails that might reveal “astroturfing” alliances between the Big Tech giants and grassroots Canadian organizations opposing Internet legislation.

In the end, there is nothing in the report about those e-mails. It’s just as well. The Big Tech funding patrons and campaign alliances were openly acknowledged by those Canadian organizations.

The Committee made five recommendations for regulating Big Tech’s activities in Canada, four of which are addressed by the Liberals’ Online Safety Act C-63 that currently languishes in Parliament. 

The fifth recommendation is a reprise of the Heritage Committee’s 2017 proposal to “Close the Loophole” in section 19.1 of the Income Tax Act that exempts online advertising from the tax presumption against placing Canadian advertisements in foreign media operating in Canada. The policy idea is to encourage Canadian advertisers to reach online Canadian audiences through Canadian media.

A footnote: the Conservative Party’s dissenting statement declares its intention (or that of its committee MPs) to repeal the Online News Act, C-18. While the Party and its leader have repeatedly opposed and criticized the Bill that delivers $100 million annually to Canadian news organizations, this is the first time I have seen them commit to repealing it.

By coincidence, this week CBC News announced it is using its $7 million in Google money to hire 25 journalists in underserved regional markets with a focus on Western Canada.

***

The ability of Canadian governments to regulate Big Tech operations is always limited by the reality that we are a small country and the US is a big one that uses trade power to defend the interests of its corporations. Anything we want to do differently from the US in respect to Big Tech is difficult; anything the US Congress does on its own accord would be easier to mirror in Canada.

So the impact of the Trump and Republican victories in the recent election upon Big Tech is all important. The Washington Post published a summary of the live Tech regulatory issues in 2025 such as AI, child safety, and Elon Musk (he’s his own issue). 

The Post speculated that the selection of the new majority leader of the Republican Senate might be crucial to tech issues and indeed the job was captured by South Dakota’s John Thune, despite Musk’s vigorous opposition to his appointment. Thune is sometimes identified as a traditional Republican and more likely to work constructively across the aisle with Democrats.

***

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CBC: Welcome Mme.Bouchard, here’s some advice.

Guest Columnist Richard Stursberg

November 13, 2024

When you’re right, you’re right. And if you were right a long time ago, you’re vindicated.

It’s possible that former CBC executive Richard Stursberg is feeling just that, 13 years after leaving the public broadcaster where he served as the head of English language services from 2005 to 2011. 

At the CBC, Stursberg’s calling card was that “audiences matter.” His single minded mission was to capture for the public broadcaster, especially in English language television, an audience commensurate with its role as Canada’s leading cultural organization (and its billion dollar Parliamentary funding).

To outside observers, he seemed to be at odds with everyone and not really minding. First there was the lockout of CBC staff in 2005. Then he grabbed the rest of the organization by the scruff of the neck and piloted a revolution in the CBC’s entertainment programming, for example embracing audience-pleasing reality television (remember Battle of the Blades?).

With an all-Canadian line-up, in five years Stursberg moved the needle significantly in CBC’s share of the national television market, closing the gap with CTV and its prime time schedule of hit US shows. Then he fell out with his new boss, CBC President Hubert Lacroix. And so on: read all about it here in his memoir, The Tower of Babble, ranked by the Globe and Mail as one of the best books of 2012.

Along the way, he made some friends, allies and enemies. The enemies he cheekily dubbed “The Constituency,” an assortment of CBC traditionalists and media watchers who might also have been described as “those who rip Richard in public.”

After he left, the CBC lost NHL hockey rights to Rogers and with it a whole lot of eyeballs and connection with Canadian audiences. Netflix ate up market share for Canadian entertainment television. And then Google Search and Facebook devoured the digital ad market. Stursberg tells more of that story in another prize winner, his 2019 book, The Tangled Garden. The job of keeping CBC relevant today is twice as hard as it used to be.

These days Stursberg continues to have his fingers in different cultural pies. He is outspoken on his support for major reforms to the definition of Canadian content, favouring a “cultural theme” test of distinctive Canadian programming over the traditional headcount of Canadian talent.

As a past reinventor of the public broadcaster, it’s his 2024 views on the reinventing the CBC that are worth soliciting in its hour of crisis. As conservative commentator Harrison Lowman recently projected, “CBC, your days are numbered.”

MediaPolicy asked Stursberg, what is to be done? This guest column, his advice to incoming CBC President Marie-Philippe Bouchard, is his response.

***

Advice to the new President of the CBC, Marie-Philippe Bouchard

By Richard Stursberg

Welcome to the job.

Given your deep knowledge of public broadcasting you are ideally placed to do well, but you will have significant challenges. Here is some unsolicited advice on how you can succeed from one who also believes in the importance of the CBC/Radio-Canada. 

The Structure of the Corporation

First, your most important challenge will be English television. It is the central problem, not because Pierre Poilievre wants to shut it down, but because it has fallen to its lowest audience share ever. Put bluntly, with the exception of the recent Olympic Games, almost nobody is watching it. There are very few viewers for any of its shows, including news. Your presidency will succeed or fail depending on whether you can solve the problem of English television.

Second, it is important to understand the CBC is not a normal corporation and lacks a normal Board. It cannot decide its own fate. The overall strategy of the corporation has to be approved by the CRTC; and it cannot raise capital without the agreement of the Treasury Board. It lacks many of the powers of a normal corporation. This makes change very difficult. To succeed you will have to have the Minister of Heritage and the Prime Minister on-side for whatever you plan to do.

Should English TV be Fixed?

The Environment

The TV landscape in English Canada is in serious difficulty. The big conventional networks — CTV and Global — the major private sources of local and national news, have been shedding staff for over ten years and losing money. Their ability to commission Canadian drama and comedy is compromised. They are spending less and — for financial reasons — what they are doing is increasingly American in look and feel. 

The cable industry has been losing customers for many years and with them, the fees that they pay to specialty channels. As a result, they too are significantly cutting back their staff and ability to commission Canadian shows.

The groups that own the vast majority of the conventional and specialty broadcasters are in trouble. Corus, the parent of Global, is essentially insolvent. Bell Media, the parent of CTV recently wrote down its broadcast assets by just over $2 billion. It is not hard to imagine that in another five to ten years the English Canadian broadcasting industry will — with the possible exception of the sports channels — no longer exist.

Their loss will mean that CBC TV will be the only broadcaster still producing Canadian drama, news, comedy, public affairs and documentary shows. If we value hearing our own stories told in our own voices, there will likely be nowhere else to see them.

Social fragmentation

The emergence of algorithmically driven social media has encouraged polarization and social fragmentation. Canadians increasingly live inside filter bubbles that act as echo chambers. Disinformation, deep fakes and AI generated falsehoods have compounded the problem. The space of common ground and shared assumptions has grown ever narrower as distrust spreads like a stain across public discourse.

As divisions grow more fractious, it is increasingly important that there be places that can bind the country together and create shared understandings about who we are. They need to provide stories, ideas, news and art that allow Canadians to celebrate, explore, discuss and make sense of their country. And, they need to be true. Truth is an essential component of patriotism.

The CBC is the last great cultural institution in the country that is in a position to do this. It can only do so, however, if its programming is trusted and popular. Unless it reaches big audiences it cannot create the large scale shared space that will provide the counterweight to the endless fragmentation of social media. 

One initiative that the CBC might take is to address the challenge of disinformation by creating a news and public affairs portal that hosts not just its content but also that of all the other media in the country that are governed by traditional journalistic standards of truth and fairness. This could include other broadcasters, newspapers, magazines, on-line information sources and bloggers that are committed to ensuring the accuracy of their reporting. The portal’s promise — its brand — would be truth.

The other thing it must do is provide galvanizing programming that speaks directly to Canadians to foster debate and conversation about who we are and want to be. It must take on large projects that transcend the current divisions — whether regional, ideological or social —  and provide Canadians a place to laugh, argue and cry. This is very difficult to do.   

Can English TV be Fixed?

It will be very difficult. Your most important source of revenue aside from the Parliamentary appropriation is advertising, which has collapsed. At the same time, you are facing brutal competition from the vastly rich, foreign owned, unregulated streamers — Netflix, Apple, Amazon, etc.– who bear none of the costly cultural and social burdens that you do. 

Business as usual cannot succeed. To save English TV you will have to develop a radical new plan for its future. The plan needs to reinvent its news and entertainment properties and find significant new sources of revenue. The creation of such a plan will be challenging. Substantive change will be met with criticism from all sides.

How Should the Plan be Developed?

It is important to develop a set of principles to guide the creation of a plan. These might include the following. 

1. Focus on what the private broadcasters cannot do. They do not need competition from a publicly supported CBC. They are in tough enough shape as it is.

The space that the privates can no longer occupy is very large. Delivering what they cannot will make you more distinct and give Canadians more reason to view your programming.

2.  Focus on serving audiences. The measure of success must always be whether Canadians are watching your shows. They pay for the CBC and can reasonably expect to be offered programs that they will want to watch. There is no public broadcaster without a public.

3. Focus on developing new sources of revenue. Television advertising is dying. Google, Facebook and the other big digital companies have taken it all away. Make a virtue of necessity and get out of ads for your drama, comedy and documentary programming. This proved a very successful strategy for radio and would certainly make CBC TV much more distinctive and attractive to audiences.

You will need to develop a new revenue plan. It can be based on sponsorships, whether from corporations or foundations, charitable giving, levies on the streamers and/or internal reallocations.

4. Ensure that the money you are given by Parliament is allocated fairly and sensibly. The French service receives 44% of the government money. This means that French speakers get a per capita subsidy of $70 per person, while the rest of the country gets $23 per capita. Given your biggest challenge is on the English side, this is both unhelpful and unfair. Only a French President can change it.

5. Do not try to please everybody. You can’t. Instead, focus. Be bold. Take risks. Make big bets.

Some Facts About English Canada’s Media habits

Every week Canadians spend about 20 hours on the Internet and 30 hours watching TV, whether traditional TV or streaming services. These are their most important leisure activities.

CBC English radio continues to perform well. It takes a 16% share of all radio listening and is number one in most markets.

CBC English TV has collapsed over the last ten years. It now has a share of roughly 4% of all TV viewing. Its share is equivalent to that of a specialty channel.

Although CBC likes to brag about the reach of its digital service, it is very lightly consumed. Compared to radio and TV, it performs poorly. Canadians spend about 17 minutes per week on CBC.ca., which is a share of just over 1% of their time spent on the Internet.

What are the Key Elements of a Plan?

Local News

Much of local news has vanished; Canada has entered a local news desert. Most small town and community papers and supper hour newscasts have died. All market research indicates that local news is the most important form of news, since it is about the events that directly affect people’s lives. Where local news dies, electoral participation falls and local corruption increases.

Consistent with the principle of doing what the private sector cannot, CBC should expand its local news presence. Recently (November 12, 2024), it announced a significant expansion of its local news presence.

To strengthen its local news further, it would be wise to leverage its strength in radio and have radio promote to and complement the CBC’s local news sites. This has proven a successful strategy in some very small towns in western Canada and Ontario.

Strengthening local news would also help your national news. There is a powerful correlation between local shows on radio and Canadians’ propensity to listen to the national ones as well. 

National and International News

The National needs to be refocussed. Some evenings it draws less than 200,000 viewers at 10:00. CTV typically draws two to three times as many viewers for its late night news at 11:00, although in fairness The National gets many more viewers on Youtube and CBC Gem.

Aside from the Globe and Mail, almost nobody except the CBC has any foreign bureaus or investigative capacity. The National — and the News Network — could be dramatically strengthened by using these resources to shift the focus of their journalism. Instead of “telling” Canadians the news, they should give priority to making sense of it by providing background and context.

By way of example, the recent coverage of the US election focused on it as a horse race. There was much discussion of polls, performance at rallies, the Electoral College, more polls, swing states, etc., all accompanied by hand wringing and pearl clutching. Through it all, there was little or no discussion of what a Trump victory might mean for Canada. What will we do when he starts to deport “illegal” migrants when they appear at our border looking for sanctuary? How will we respond to his demand that we turn on the “tap” and divert our water to the parched southwestern states? How do we respond when he withdraws from NATO? The point of foreign bureaus is to make sense of what is happening in other countries for Canada.

In a similar vein, the coverage of the health care crisis focuses on Canadians’ lack of family doctors, overcrowded emergency rooms, and long waits for elective surgery. It does not explore how Canada might fix its broken system by looking at what other countries get right. Why are France, Sweden, Denmark and Norway doing better than we are?

A promise to answer these kinds of questions and embrace Solutions Journalism would go a long way to restoring the relevance of The National and The News Network.

Entertainment and Documentaries

Like the news, the entertainment and documentary shows are doing poorly, particularly the newest ones. The older shows are holding up better: Heartland (season 18), Murdoch Mysteries (season 18), This Hour Has 22 Minutes (season 45?). The newer shows like Crime Scene Kitchen and My Mum Your Dad (a dating show) draw hardly any viewers.

The problem with the new shows is that they are not unique; they do not fill any unmet need. Similar offerings can be found on lots of specialty channels. They are also not particularly Canadian.

A new strategy must be based on commissioning shows that Canadians cannot get anywhere else. They need to be big, daring, appointment pieces that speak to our unique history, dreams, fears and sense of humour. They need to be about us, our neighbours, fellow citizens and friends. To be relevant, they must be distinctly Canadian and squarely rooted in Canada. The private broadcasters will never do this.

By way of example, one of the CBC’s most successful series was Canada: A People’s History. It drew tremendous interest and precipitated great controversy. For years, it was used in schools and with immigrants to help explain who we are. Surely the time is right for an Indigenous People’s History of Canada. To achieve reconciliation, it is essential that people understand the truth of what happened from the point-of-view of Canada’s original inhabitants. Like its predecessor, it would be a multi-part series that starts with first contact and comes up to the present day. Inevitably, it would be expensive, controversial and — if done properly — galvanizing. Nobody else in Canada has the resources or the expertise to make it.

As for fiction, one can imagine a show about our relationship to the US. The premise is simple. The southwestern states have run out of water (which they have). Canada has more fresh water than any country in the world. The Americans face an existential challenge: they must save Texas, New Mexico, Arizona and southern California. They must have the “tap” turned on even if it means war. Again, no private broadcaster would make this; they could never sell it in the States.

Radio-Canada has been very good at producing extremely popular shows that reflect Quebec in all of its remarkable diversity and energy. Every Sunday night “Tout le monde en parle” (Everybody Is Talking About It) provides a funny, charming and thoughtful window into the cultural, social, political, athletic, musical, business and religious life of Quebec. It is the most successful talk show in Canadian history. It is must see viewing. Why is there no English equivalent?

To do these kinds of things, you may have to restore the financial balance within the English network. Over the last ten years roughly $200 million has been stripped from English TV and radio to finance digital, the worst performing service.

Conclusion

English TV can and should be saved, but it will require difficult and bold restructuring. It will need a plan that is based on making great shows that speak to English Canadians’ desire to see themselves and explore their country in ways that are exciting, beautiful and moving. Whether news, documentaries or entertainment shows, table stakes for programs are — in the current intensely competitive environment — quality, originality and relevance. Nothing less will do.

The plan must also ensure that the necessary resources are in place to make it happen. This is likely to involve very controversial decisions about the reallocation of money across the corporation and within English services. It will also require the development of new sources of funds (the major banks could easily sponsor an Indigenous People’s History of Canada).

Although you have a deep understanding of public broadcasting, I understand that your experience is principally on the French side of the corporation. The English and French markets are very different, both in terms of their levels of competitive intensity and the kinds of conventions that underpin successful TV.  It might be a good idea for you to move to English Canada for a few months. Watch all the shows and newscasts, both those that are working and those that are not. Talk to everybody: the employees of the CBC, the heads of the big English media companies, the audience measurement experts, the independent producers, everyone. 

Use all that you learn to make a real plan, one with teeth and targets, recognizing that it will take two to three years to bear results. Then, find yourself a media executive who agrees with you and has the skills, contacts, experience and daring to execute it.

Once the plan is ready, make it public. It is essential that Canadians understand and support what you are trying to achieve. Let them see that you understand what they need and want, and that you are daring enough to try and deliver it. Let them hold you accountable for the spending of their money. 

Building a public constituency for your plan will provide a powerful counterweight to the forces that will resist change. You will need all the friends you can find.

The plan may also be a good answer for Mr. Poilievre – if elected – and his Heritage minister. You will also need them.

Bon courage.

***

“Defunding the CBC would be extremely unwise.” Senate appearance by Richard Stursberg on December 3, 2024

***

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Catching up on MediaPolicy – The Spotify stonewall – Debating the CBC – Ottawa’s warning label on TikTok – more Corus misery

November 7, 2024

On the weekend MediaPolicy published a lengthy explainer about the new “Scrap the Streaming Tax” campaign launched by the global music streamers to fight CRTC regulation. 

The post’s opening hook —-how Canadian rocker Bryan Adams stepped forward to become the celebrity face of the campaign—- adds a little colour to the debate over the regulatory environment for “CanCon,” something Adams once said “only breeds mediocrity.” This week, Adams launched his own channel on Bell Media’s iHeart radio.

The main point of my post was that the music streamers appear to making no efforts to come to grips with the biggest of cultural challenges within Canadian music: the enormous and baffling underconsumption of French language music on their streaming platforms in Québec.

Right on cue, La Presse published a story on its journalist’s discovery that part of Spotify’s song algorithm is, not surprisingly, a popularity index that rates songs based on global listens and the time freshness of that audience. The result is not a shock: the popularity index of French language Canadian music is not in the same ball park as English Canadian songs, to say nothing of the indexing of the most successful global artists. 

La Presse’s attempt to get Spotify’s comments were met by stony silence, as were previous inquiries by MediaPolicy.

***

Former CBC executive Richard Stursberg wrote in his 2012 memoir of his tumultuous tenure at the helm of English language services that one of the things that the CBC excels at, and should focus on, is “smart talk,” his description of programming that curates debates about important public issues.

In the swirling discussion over the Conservative Party’s promise to defund the CBC, that smart talk is what CBC host Elamin Abdelmahmoud just put together on his Commotion podcast, first with a panel of three critics of the CBC and next with three defenders.

Separating the sparring teams was a good idea: you will be better informed and spared the tedious cross talk of face to face debate.

Harrison Lowman of The Hub warned the CBC “that your days are numbered,” something he does not relish personally, and that a dramatic re-engineering of the public broadcaster is required for survival. On the other hand, writer Rupa Subramanya is not for saving the CBC: she would defund CBC television, CBC2 music radio, and provide “tiny” funding for CBC Radio One (perhaps inadvertently, no comment on CBC.ca).

In the other room, National Observer columnist Max Fawcett regarded Subramanya’s claims that the free market will provide Canadians with their own media as “delusional.” 

What makes the two podcasts so engaging is how everyone addresses the elephant in the room with honesty. That elephant is a composite of belief, caricature, misrepresentation and reality that CBC’s institutional culture is dominated by its location in downtown Toronto and that this culture suffuses its programming throughout the rest of the country, creating resentments, hostility and worst of all indifference. 

We live in an age of cultural wars that animate political polarization, with tribes suspecting the worst of each other. Together the two podcasts are a tonic. Which is what the CBC mandate can be.

***

A news story that is going to hang around and get a whole lot bigger is the federal government’s decision after a lengthy national security review to ban TikTok from operating on Canadian soil but allow private citizens to use the app. In short, it’s a “use at own risk” advisory.

There’s an informative story on this in the Globe and Mail (which has followed the federal government in banning its employees from using the app out of surveillance concerns).

US Congress had ordered the Chinese-owned TikTok to sell its American operations or face an Internet ban in that country. But with President-Elect Trump making friendlier noises about TikTok, that’s in doubt.

***

Life at Corus Entertainment must be a misery these days.

The profitable but debt-laden company is the target of acquisition by Canadian media rival Québecor which hopes to buy Corus at a discount. The unsecured creditors see this coming and are manueuvring for a more modest haircut on their loans. 

Meanwhile, Rogers is showing no mercy to its vulnerable competitor. In addition to its scoop of Corus’ best American programming, it is now seeking to dump Corus’ kids channels from its cable service. 

***

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Travels in America

A Louisiana racoon, searching the bayou for gators

October 29, 2024

Lucky me, I spent last weekend visiting family in the bone-soaking warmth of New Orleans. 

We kicked off a hot and sunny Saturday morning in the Treme neighbourhood by joining in a Second Line, otherwise known as tucking in behind a street parade of musicians. Turns out, it was a Kamala event. Someone gave my sister-in-law a Harris-Walz sign to carry. As a well mannered southern white lady and hard-core Democrat, she was glad to oblige. We spent the next hour being rewarded with verbal fist-bumps from Treme residents.

Afterwards, we walked the narrow sidewalks towards the Mississippi levee through the touristy French Quarter.  This time, verbal fist bumps from young white women, almost on every block. 

A young white fellow in a full sized pickup espied our election sign, pulled up, rolled down the window, and yelled “Donald Trump” in our faces for all his life was worth. My unfailingly polite sister-in-law replied “have a nice day.” The gentleman sped off to a safe distance of 50 yards away and flipped us the bird. Blaring Fleetwood Mac melodies on the truck radio. 

A few minutes later, same thing. A twenty-something white guy in a pretend pickup pulls up, leans out the window, and shouts “Donald Trump, baby.” My sister-in-law gives him the same agreeable reply . He takes off and too late I think to say “yes.”

Sunday morning. It’s time to get out of blue New Orleans and see red and rural Louisiana. The four of us take a swamp tour on the Pearl River, not far from the Mississippi state line. The weather-beaten homes along the bayou have a few Trump flags, but no Harris signs and we didn’t bring our’s. 

The Pearl has plenty of gators, boars, egrets, rattlesnakes, and pint-sized raccoons. The latter are right out of Disney. Apparently they like to eat juvenile alligators. “It’s no contest,” says the tour guide.

The guide René is great: a funny and swamp-wise young man raised on the Pearl and absolutely in the core Trump demographic. But no political ad hominems from him today. Except for some dry remarks about government wasting taxpayers’ dollars fighting invasive plants when hurricanes get the job done for free.

***

As expected, last week the Heritage Minister announced that veteran public broadcaster Marie-Philippe Bouchard is the next CEO of CBC-Radio Canada.

Bouchard’ ‘s appointment was marked by a yet another poll confirming that a strong majority of Canadians don’t want to defund the CBC, but many want to see it improved. 

What Canadians want will make no difference to Pierre Poilievre or his Heritage Minister in waiting, the steely Rachel Thomas. They will defund the CBC anyway. Or as Poilievre giggled recently, “I can’t wait.”

The Conservatives’ single-minded commitment to silencing the English-language side of the public broadcaster is on display whenever CPC MPs get together (along with the NDP’s Nicky Ashton) at Heritage Committee hearings to haze current CEO, Catherine Tait. 

Ms. Tait has had just about enough thank you and is biting back. Good for her, I say.

There’s two ways of looking at this dynamic. Here’s a contrarian column from the Globe and Mail’s Simon Houpt casting Tait as the “imperfect defender of public broadcasting.” And here’s another from Konrad Yakabuski, predicting Bouchard will be its last CEO.

***

I’m enjoying the launch of Village Media’s first digital start-up in the big smoke, Toronto Today. Some good stories and lots of demographic maps. I love maps.

The Today newsroom came up with an attention-grabbing idea of shooting video of their reporter at a local independent grocer —-my local grocer—- paying for people’s groceries on the condition they pay it forward by doing something kind for someone.

Now you have to know my downtown neighborhood, which the realtors call “Seaton Village.” With some mischief, I used to call it the Soviet Socialist Republic of Seaton Village. Despite the fact that our most famous resident is Jordan Peterson, it’s kinda pink. So just try to pay for someone’s groceries on condition they do something kind that they were already going to do. As you can see from the video, it’s harder than you think.

Another cool thing that Village Media pulled off this week was getting a podcast interview with the Prime Minister. It was a soft interview by Press Gallery standards, but still interesting to get the most thick-skinned PM in Canadian history to talk about his daily torments. 

Village Media CEO Jeff Elgie was miffed when CBC.ca used the interview content, credited his newsroom, but failed to link to the podcast. The Toronto Star had not failed to do so. Deprived of the considerable traffic referrals a CBC link would have sent his way, an irritated Elgie groused on LinkedIn that even Meta was never so discourteous. 

***

Back to the US election. 

At the last moment the “democracy-dies-in-darkness” Washington Post withheld its locked-in Presidential endorsement to Kamala Harris. Its owner, Amazon CEO Jeff Bezos, vetoed it. The same thing happened at the L.A. Times, but my god this is the Post. 

In a sentence that fits the crime, Bezos’ newsroom wrote several stories humiliating him for cravenly valuing his money over his integrity. Here’s his rebuttal.

Bezos joins a growing queue of Big Tech titans who are either pro-Trump (Elon Musk, Peter Thiel) or quickly cuddling up to him (Mark Zuckerberg, Sundar Pichai, and Bezos) in hopes that a second Trump presidency will disavow the Biden administration’s Big Tech trust-busting.

There’s an insightful piece on that here, from Matt Stoller.

***

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Catching up on MediaPolicy – local news poverty is dangerous – a new CEO for CBC? – Jeff Elgie’s big idea – the Bowie vibe

October 21, 2024

Last week I was in Charlottetown attending a conference on local news. 

I posted a brief summary of the keynote speech delivered by Steve Waldman here.

Waldman is the American journalist who heads the Local News Project and the Report for America intern program. If you want to place him in the Canadian constellation of public journalism, consider him an American counterpart to our Ed Greenspon or Margo Goodhand. The headline graphics above and below are from Waldman’s slide deck.

Waldman’s pitch, and the idea behind the conference, was that saving local news journalism is job one. 

The argument he makes is that there is a great deal of evidence in the US suggesting that towns and rural areas living in news poverty —with too few or no community news outlets — are ripe for misinformation circulating on social media and also political polarization when searching for news on more partisan sources at the national level. 

There is a connection, he says, between being underinformed or misinformed about local events, issues, and politics and on the other hand the rising national tide of political polarization where citizens sort themselves into tribes and stop listening to each other. 

One should be cautious about copy and pasting Waldman’s analysis from the US to Canada, but his view will strike many as true.

***

The National Post scored some of outgoing CBC President Catherine Tait’s e-mails, commenting on the Conservative “defund the CBC” campaign, through an access to information request. Alas, her comments weren’t very juicy. 

Tait’s replacement is due to be announced by the Heritage Minister any day now: LaPresse and Le Devoir had stories claiming it will be Marie-Philippe Bouchard. She is currently the CEO of the Canadian broadcasting consortium TV5 Unis that partners with global francophonie broadcaster TVMonde. She was at CBC-Radio Canada for 26 years before that.

Bouchard’s reputation precedes her, at least in Québec, where reaction to her possible appointment was roundly positive.

Appointing Bouchard to replace Tait would fall in line with the important tradition of alternating between Québec and English Canada.

Peter Menzies raised the obvious question: it’s the current state of English-language CBC that needs review in response to Pierre Poilievre’s promise to defund CBC but not Radio-Canada, so why not pick someone from another province?

The answer may be that she spent 12 of her 26 years at CBC working as legal and regulatory counsel for both sides of the corporation. You can expect the question to be raised again if Bouchard is appointed.

***

A notable absence from the Charlottetown local news conference was Jeff Elgie, CEO of the expanding Village Media chain of local digital media sites.

Elgie has seemingly defied gravity for the last ten years by growing from one local site in Sault Ste. Marie to more than thirty in Ontario. Along the way he’s built a popular proprietary publishing system and even added a legislature news bureau. 

I interviewed Elgie back in March and it is one of the most popular posts in MediaPolicy’s short history (he’s only got a 100 or so employees, so it’s not what you think).

Besides launching his first Toronto site in the next weeks, his next big idea is “Spaces,” a social media platform for chat groups moderated by community hosts. 

I just signed up, so wait for a report.

***

My recommended read is for media nerds only. Doug Shapiro has another crystal ball blog, this time about the impact of Generative AI on video creation. It has the feel of David Bowie’s famous 1999 “tip of the iceberg” prognostication about the Internet.

Here’s a teaser from Shapiro’s “GenAI as a New Form” about what might lie below the water line:

***

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Catching up on MediaPolicy – End of the CBC? – Bell settles Warner Bros lawsuit – CRTC investigates Meta’s news ban – the Rage of Google

October 12, 2024

This week MediaPolicy published an interview with Chris Waddell, author of the 2020 book “End of the CBC?” Waddell is not advocating defunding the CBC, but recommends sweeping change.

The post’s viewing numbers are off the charts (for this modest blog) which tells me there is a real thirst for this kind of discussion.

***

You will recall the reporting on the Warner Brothers Discovery studio and streamer allowing its content deals with Corus and Bell to lapse and making a new Canadian distribution deal with Rogers instead.

I think Rob Malcomson saw this coming. In 2021 the Bell regulatory executive told the CRTC that if it approved the Rogers-Shaw merger it would be giving Rogers the hammer in the Canadian market for content rights by granting Rogers 47% of the English Canadian market.

Three years later, Rogers shoved Bell and Corus aside and grabbed rights for a significant bundle of Warner Brothers Discovery (WBD) content that Bell and Corus had profited from over the years while investing in their own Canadian programming to build around that branded American content.

When BCE announced in response to the Rogers coup that it was suing its American business partner — Bell also buys WBD’s premium Home Box Office content for Canadian distribution on Bell Crave— all eyes were on the text of the non-compete agreement that Bell said restrained their Hollywood supplier from taking all that content to Rogers for two more years.

This week Bell announced the lawsuit was settled. The WBD deal with Rogers remains intact.

In exchange, Bell says it gets “expanded content” from WBD. The announcement then lists some big shows that, as far as I can tell, it already offers in its Crave/HBO package. Bell was unable to clarify whether it really meant to say “extended access,” in terms of pushing out further the undisclosed expiry date on HBO content. The press release says the new deal “ensures Crave subscribers have continued access to a vast library of premium content for the foreseeable future.”

The more enigmatic paragraph in the announcement was that Bell is “strengthening and deepening our relationship with Warner Bros. Discovery, marking a significant milestone as we move forward together. With our commitment to develop co-productions, and the extended pipeline of extremely valuable content for subscribers, we’ve ensured Crave is well-positioned for continued growth and success.” (Emphasis added).

Throughout the Parliamentary and regulatory journey of the Online Streaming Act, Bell has pushed for regulatory “incentives” that might induce the global streamers to partner with Bell in financing big budget Canadian productions and then distributing them with a bigger payoff for Bell. The partnership idea found favour in the federal government’s cabinet instructions to the CRTC on implementation of the new Act.

Perhaps Bell’s settlement with WBD is part of that strategy.

***

The CRTC must be feeling the heat from MediaPolicy or the federal Liberals —you can guess which— on Meta’s porous ban on Canadian news, designed to shield the social media company from liability for licensing payments to news outlets under the Online News Act, Bill C-18.

Last week the Commission told Meta to explain why some Canadian news content continues to appear on Facebook and Instagram without Meta self-identifying as a digital news intermediary, subject to the legislation. Meta’s response was due yesterday.

Michael Geist has an interesting blog post arguing a couple of points.

The first is that news posts on Meta platforms originating from entities that might not qualify as “news outlets” operated by “eligible news businesses” under C-18 would therefore not be “making news available” as defined by the Act. It would follow that Meta would not be carrying on any news hosting making it liable for licensing payments. 

This begs the question of what Canadian news organizations fall outside the definition of “news outlets” as defined in C-18, a deep but fascinating rabbit hole to dive down. Is that Rebel News? Narcity? The Conversation? MediaPolicy?

The other point Geist argues is that screen shots of Canadian news stories originating from bona fide news outlets, but uploaded by citizens to Meta platforms, may fall outside the definition of “news content” because —this is going to bake your noodle—-the ownership of the screen shot news has migrated from the news outlet to the citizen as a consequence of “user rights” under copyright law and therefore is no longer content from news outlets liable for licensing payments under the Act.

Go figure.

***

There are two recent news items about governments regulating social media platforms that seem to go together well. 

The New York Times has an explainer about the big wins rung up in the US by NetChoice, Big Tech’s lobby coalition, relying on expansive First Amendment free speech rights.

On the other hand, government regulation came out on top in Brazil: a court order shut down Elon Musk’s X platform for a month after he refused to moderate content advocating a military coup. Musk relented. The migration of Brazilians from X to rival platforms seemed to have done the trick.

***

The US Department of Justice’s trust-busting case against Google, ruled in August by the US Third Circuit federal court to be an illegal monopolist under the Sherman Act, is now at the remedy stage where consequences will be considered. The DOJ’s last great anti-trust victory was over AT&T and it resulted in the court breaking up the telecommunications giant in a court remedy known as “structural separation.”

Matt Stoller provides a good summary and predicts a no-holds-barred political fight in the near future, enticingly headlined “The Rage of Google.”

***

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