Catching Up on MediaPolicy – European digital regulation in the crosshairs – performative press freedoms – ominous TV earnings

August 31, 2025

If you track news reports about President Donald Trump’s tariffs, you may recall that he struck a one-sided framework agreement with the European Union on July 28th. The headline was 15% American tariffs on imported goods arriving from the EU. On the flip side, the US gained tariff-free access to the EU market. 

Initially the deal seemed more of an armistice than a fully fledged agreement, since nothing was signed off until a one-page Framework was published three weeks later. Notably there was no repeal of the EU’s digital services taxes on American companies (like the one that Canada scrapped on June 29th). 

At the time, the White House made a point of describing EU DSTs as unfinished business while the EU news release stated that the agreement “fully respects the EU’s regulatory sovereignty.

Now for round two. 

Deal or no deal, this week Trump threatened to retaliate against 15 EU nations that maintain DSTs and also denounced as discriminatory the full gamut of EU tech regulation under its Digital Services Act (online harm and safety) and Digital Markets Act (anti-competitive practices).  The threats include new tariffs, presumably in excess of the 15% “deal.” Trump also threatened export bans or taxes on American AI micro processing chips. 

The European response was defiant: “it is the sovereign right of the EU and its member states to regulate economic activities on our territory, which are consistent with our democratic values.”

As for Trump’s new trade cudgel of export taxes, last month he reversed a Biden-era export-ban on Nvidia’s AI chips destined for China after meeting with CEO Jensen Huang. The New York Times published an illuminating feature story on why.

***

I have some updates on recent MediaPolicy posts. 

Earlier this month I wrote about the US State Department claiming that press freedoms are threatened in Canada. As I said at the time, the State Department’s Report was performative, written for the benefit of a majority-Republican Congress. If you found that post interesting, you’ll find Hugh Stephens’ bluntly worded post to your taste.

I’ll just add one more citation to my own post about North American press freedoms: this past week President Trump again invited his appointee as FCC chair to de-license ABC and NBC local news stations on the grounds that “they give me 97% bad news stories” and act as “an arm of the Democratic Party.”

MediaPolicy also posted an interview with Senatrice Julie Miville-Dechêne, the sponsor of Bill S-209 that will impede kids from accessing online porn by implementing age verification technology, an increasingly common public policy in the US and the UK. 

In the interview, Miville-Dechêne expressed doubts about the wisdom of extending age verification technology to social media apps. The state of Mississippi is not so doubtful and implemented a parental consent requirement for minors under age 18 with age verification of adult users as enforcement.

Last week the news sharing app Bluesky, a progressive alternative to the X app, responded by exiting that deepest of red states, Mississippi. A Bluesky statement described age verification regulation as too big a hassle for too small a company.

Perhaps the size of the “Mississippi progressive” market was a factor too. 

***

As the fortunes of broadcasting businesses rise and fall, certain bellwether events stand out among the steady drumbeat of quarterly and annual reports.

Here’s two you may not have noticed.

Québecor took the occasion of announcing its fall television programming line-up for its TVA network to make another plea for regulatory relief from the CRTC. 

What popped out in CEO P-K Pélédeau’s press release was that the combined revenue of TVA’s specialty and conventional television businesses has crossed the profitability line into negative territory. “In absolute terms, TVA and its specialty channels have lost $34.9 million in television advertising revenue over the past three years.” 

The MTM numbers from 2023 indicate that Québecor’s revenue situation is typical: as a group, Canadian broadcasters boasted a mere 1.6% net profit on total broadcaster revenues. The new CRTC chart (2023-24) below suggests it has become a net loss.

That calls into question the “regulatory bargain” cited by the Commission in 2016 that committed the major networks to paying for money-losing news programming out of the robust profits earned in specialty television, thanks to the majors holding Canadian distribution rights to high-margin American programming. 

The other ominous development for conventional broadcasting was the announcement by Wildbrain that it is exiting broadcast television and is removing the restriction on its non-Canadian shareholder voting that is required by broadcasting regulations. Wildbrain is (was) the only independent Canadian children’s programmer that operated Canadian children’s channels (Family Channel and WildbrainTV) until the CRTC blessed the decisions by Rogers and Bell cable to drop them. Steve Faguy’s blog has more.

[Update and correction: the original publication of this post inaccurately stated that Wildbrain was “selling its growing online business to American interests.”)

The prevailing financial and audience trends in Canadian broadcasting were updated in the CRTC’s new annual report (with now year-old data).

Here’s the Report:


***

I was very much saddened to read an obituary for Hudson Janisch who is well known to those in the telco community. He taught me Public Law in first year law school and made quite an impression. A great teacher and a mensch.

***

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

The State of the Union: what the White House thinks of Canadian Media

August 20, 2025

The Canadian Press reported last week that the US State Department has an opinion on Canada’s respect for the independence of the press and freedom of expression. And it isn’t good. In fact, we got the MAGA raspberry.

The US produces “country reports” every year to satisfy US Congress that its foreign aid is going to the right place or, in our case, that we’re a suitable trading partner.

Some context first: the Report is a compliance document for Congress. It was not written for us. If the Report’s allegations against Canada happen to line up with Congressional trade complaints against the Online Streaming Act and the Online News Act, that’s part of the compliance.

Trade irritants or not, the Report picks up the vocabulary of Canadian opponents of public broadcasting, federal aid to journalism and any manner of mandatory payments to support Canadian news journalism such as the Broadcasting Act and the Online News Act. It’s “discriminatory,” it’s “censorship.”

The State Department’s special contribution to the debate is it’s view that our federal government’s $10 million enrichment of existing Canadian media funds to support news reporting in minority communities smacks of “DEI” and discriminates against white journalists.  

Not that we needed the State Department to remind us, but the Report goes on to list incidents that occurred in 2024 which, in Washington’s opinion, raise “significant human rights issues including credible reports of serious restrictions on freedom of expression and media freedom, including unjustified arrests or prosecutions of journalists and activists.”

The Report gets one right, off the top, by reminding us that in January 2024 the RCMP arrested Indigenous journalist Brandi Morin when she refused to leave the federal police force’s inflated “media exclusion zone” at an Indigenous protest she was covering for Ricochet Media. What the Americans might have added was that this is hardly the RCMP’s first offence on media exclusion zones. The Crown withdrew the charges and the RCMP’s Civilian Review committee took Morin’s side and an apology was issued

Another incident cited may or may not clear the bar of a “credible” report of press freedoms violated, that will be up to a judge if lawsuits proceed. 

The State Department takes at face value the allegations raised by Rebel News against a venue landlord and a Liberal MP that Rebel was wrongly arm-twisted into paying $37,000 in security costs for a MAGA-themed rally it organized in Toronto, headlined by the US President’s son. 

Canada doesn’t do country reports on American freedoms. It’s probably just as well. But the United Nations does. All UN signatories to the Convention of Human Rights participate in a five-year “peer review” of each other that includes press freedoms

Here are a few items that might come up:

During street protests against the immigration-related arrests in Los Angeles in June, an LAPD officer deliberately aimed and shot an on-camera news journalist with a rubber bullet, hitting her in the foot.

The Federal Communications Commission initiated an investigation of Media Matters, a left-leaning critic of right-wing media, Elon Musk’s X platform and the Republican Party. A federal judge issued an injunction against the investigation on the grounds of 1st amendment rights of free speech.

By President Trump’s executive order, the US government defunded and put almost all 1,300 reporters working for the Voice of America on leave. His appointee to run the VOA, Kari Lake, accused the VOA of a liberal bias and mooted putting the news organization under the direct control of the State Department. VOA is the official US government news agency mandated to communicate government messaging to foreign nations.

US Congress withdrew all federal funding from the Corporation for Public Broadcasting, accounting for 15% of the overall financing of NPR and PBS. House Republican Marjorie Taylor Greene stated that Congress was acting because of alleged liberal bias.

While running for President, Donald Trump proposed that the FCC pull the broadcasting licenses of CNN, NBC, ABC and CBS because of their news coverage of him (although the FCC only licenses local stations, not cable news).

The President also sued CBS, alleging that a 60 Minutes interview with Democratic presidential candidate Kamala Harris had been edited and sanitized to her advantage.

The Trump lawsuit resulted in a $16 million settlement without any admission of wrongdoing from the network.

However credible news reports suggested that the FCC might have struck down the $8 billion sale of CBS-parent Paramount to Skydance were it not for a last-minute agreement between Paramount and the FCC that the new owners would scrutinize the CBS newsroom for “multiple viewpoints” and abolish all DEI hiring and personnel policies. According to the President, Paramount committed to providing him with $20 million in free advertising and public service announcements although that was refuted by Skydance.

***

As noted above, the State Department Report repeatedly criticizes the Online News Act and the Canadian Press story on the Report states that “Prime Minister Mark Carney indicated last week he is open to repealing the legislation.”

It’s contentious to report that the Prime Minister said he was open to repealing Bill C-18, although its not surprising that Canadian Press (and the National Post) are surmising it to be true, given his one-eighty on the Digital Services Tax in late June.

The CP and Post descriptions of Carney’s thoughts on repeal are based on a question and answer session with Kelowna Now.

Here is the reporter’s question:

“Bill C-18 stands in our [publication’s] way to get back onto Facebook and Instagram, are the Liberals looking at an alternative or rescinding that so that we can get that news [about wildfires] back on those platforms?

And here is Carney’s answer:

I’ll say this Steve thank you for the question. First thing and one of the things that we have done —and I will answer your specific question, but let me make a point on something we have done, and you may not like this part of the answer but I am going to give it to you— which is that one of the roles of CBC-Radio Canada is to provide unbiased, local, immediate information particularly in regards in situations such as you are referring to. And that’s why we made the commitment to invest and reinforce and actually change the governance of CBC-Radio Canada to ensure that they are providing those essential services.

Now to your specific question. Personally, this government is a big believer in the value of what you do. I’m going to use you as the representation in local news. And the importance for ensuring that that is disseminated as widely and as quickly as possible. So we will look for avenues to do that and I understand your question and it’s part of our thinking around that, thank you.

If we parse closely, the important nuance here is that Carney said he is “looking for avenues to do that and it’s part of our thinking around that.”

Grammatically, the “that” refers both to disseminating local news (especially in light of his comments about CBC-Radio Canada) and “in response to the question” which refers to “rescinding” and/or “alternatives” (or “avenues”). It’s hard to tell what he meant or whether he intended the ambiguity.

If Trump puts enough pressure on Carney, would the Prime Minister cave like he did on the DST ? Unlike the unimplemented DST, the $100 million in Google money is the bird in hand, not in the bush. The mandatory news licensing payments are already in the bank accounts of over a hundred Canadian online news outlets.

Keep in mind, the last time the Liberals came under pressure on implementing the Online News Act was in 2023 when Meta implemented and Google threatened Canadians with a ban on news content, resulting in an approximate $135 million shortfall in anticipated news licensing payments from Google and Meta.

At the time, the government softened the blow of disappointed expectations by increasing the federal QCJO journalist salary subsidies by $30 million.

***

I have a long article to recommend: a New York Times feature that tells the story of Donald Trump’s lawsuit against Paramount’s CBS, the FCC’s approval of the Paramount-Skydance merger and the cancellation of Stephen Colbert’s The Late Show on CBS.

The reporting is based on embargoed access to Paramount owner Sheri Redstone. It’s sympathy for Redstone is not subtle, but it’s an informing read anyway.

***

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

Catching Up on MediaPolicy – Kings, jesters and cable lords – the AI Death Star – PBS and NPR defunded – the next Dhanraj leak – how to fix the CBC

July 24, 2025

It’s a sheepish admission I make this week, but sometimes American culture wars can be so darn entertaining.

Take the recent exchange of verbal gun fire between President Trump, the US cable lords, and late night TV hosts that began with Stephen Colbert slagging his show’s owner, Paramount, for paying off on a meritless Trump lawsuit against CBS.

In case you’ve been ignoring it all, here’s a short news report from Global News explaining it.

More to my low brow taste, I enjoyed Jon Stewart’s satiric bird-flip to all those bending the knee to Trump, “Go Fuck Yourself.”

***

And then there’s the end of the world as we know it, otherwise known as AI.

I say this only half facetiously. What AI tools like Google Overview appear poised to do to news journalism may well be catastrophic, it depends on consumer adoption. 

But it’s entirely plausible that Big Tech’s scraping of copyrighted Internet content —-there are now third party web crawlers that steal and sell paywalled stories to AI companies —— could mean that a handful of global AI engines become our dominant “news” outlets so long as there remain employed journalists somewhere to be scraped.

The US Senate is holding some hand wringing hearings on AI scraping but, so far, it has a performative feel to it. Congress doesn’t do anything anymore without the White House saying so.

Our own federal government is taking a wait and see approach. Or to put it in their own words, AI Minister Evan Solomon is “closely monitoring the ongoing court cases and market developments.” 

***

There are no obituaries written yet for public broadcasting in the United States.

Congress finally passed the defunding of NPR radio and PBS television. In the US, public broadcasting was not as robustly funded as it is around the rest of the world. The annual Congressional allocation of $500M (USD) was about half of CBC funding for eight times the population and ten times the number of stations.

The federal dollars were only a sliver of overall funding of 1,000 local NPR stations, 350 PBS outlets and the national flagship operations. But funding was always heavily weighted towards local stations and local programming: the “left wing” national content that Republicans so despise is almost entirely privately funded. 

The precise consequences of defunding at the national and local level will unfold in the coming months after the scheduled September payment doesn’t arrive.

Perhaps it’s not a surprise that NPR CEO Edith Chapin just quit. 

***

The real-life CBC drama of Travis Dhanraj’s lawsuit and public campaign against his former employer released another episode this week. 

The National Post posted a story sporting a “leaked” audio clip of Dhanraj and his union representative in a meeting with CBC manager Andree Lau. The occasion was a discussion of his April 2024 X-post criticizing CBC President Catherine Tait for declining to be interviewed about CBC finances on his show, Canada Tonight.

The edited audio file is a bit of a nothing burger. Dhanraj tries to get Lau to spar with him about the journalistic ethics of CBC coming down hard on him for the post. He gets the better of the argument, mostly by default. That’s about it.

It’s not clear from the clip whether the meeting was a formal grievance meeting, normally a privileged and off the record discussion. CBC responded to the Post story by saying Dhanraj broke his promise not to record the meeting.

***

The McGill University Centre for Media, Technology and Democracy released a report on its two-year study of what is to be done about the CBC. The Hill Times covered it here and CBC News reported on it too.

You may recall that the Centre published an opinion poll in October 2024 that revealed very high public support for the CBC, qualified by strong desire for “changes.”

One of the weird things about this result is that the CBC-is-no-longer-needed vote goes up after a hypothetical addressing of major criticisms.

As the report authors observe dryly, it’s difficult to distill “a single perspective” about what needs improvement other than the fact that 78% of Canadians want to keep the CBC running.

One thing the report is very good on is that “Canadians need to be assured of the value of the product they will be paying for. Regular and in-depth demographic reviews of the audience should be established to determine the kind of content Canadians require and the way they need to receive it. Models for this form of consolation include nation-wide town hall meetings, citizens’ assemblies and comprehensive surveys of the public (not merely existing members of the CBC/Radio Canada’s audience).”

In addition, the report says that Parliament should enshrine a cycle of five-year mandate reviews of the CBC so that the relevance of the public broadcaster to what Canadians want keeps up to date.

Times two, I say.

The report goes on to say that the CBC must “create meaningful, not performative, representation [in its content]. This goal addresses equity, diversity and inclusion, but more broadly, political and regional diversity as well.”

Put bluntly, the CBC needs to convincingly reflect an audience that is broader than the heavily urban demographics of its newsroom if it’s going to be funded and enjoyed by all Canadians.

Parliamentary funding of CBC is of course the bottom line, whether up or down. The Carney government has adopted former Heritage Minister Pascale St.-Onge’s report on the CBC and made European levels of funding its aspirational long-term target. According to St.-Onge, that would mean the moving the yardsticks from $32 per Canadian annually to $62.

Give the authors of the report credit, they have broken the taboo on pointing out that French-language Radio Canada already matches European levels of funding of $79 per head while English-language services (from which Indigenous language programming is financed) languish at $25 per capita.

The taboo remains powerful enough that the report doesn’t recommend what to do about this funding gap.

In the end the authors suggest their own idea of what Canadians want out of the CBC: “information sovereignty.” In other words, a public broadcaster that protects the national interest in reliable news and information.

Their argument is made in the context of rising existential threats to our national security; including extreme weather catastrophes, pandemics, threats to our territorial sovereignty, and the surprising aggression from the United States, a country that controls much of the media we already consume. They might have added AI as yet another existential threat to information sovereignty, as noted above in today’s post.

The 80-page report comes with a three page Executive Summary.

***

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

Catching up on MediaPolicy – dirge for the DST – Hollywood gets state cash – online harms legislation still cooking – who stole the music grants?

CBC explainer on the repeal of the Digital Services tax

July 5, 2025

Soon the wake for Canada’s digital services tax (DST) will be over and the news cycle will re-fire for the next trade battle with the United States.

Prime Minister Carney’s repeal of the DST was mocked by the victorious White House as a Canadian “cave.” Within hours, Canadian critics were queueing up, condemning Carney’s move as “bootlicking” (Lloyd Axworthy) and “bending the knee” (Le Devoir). On the other hand, Jean Charest described it as “a legitimate choice in a world of very bad choices.”

The MediaPolicy take on it is here.

The CBC has a hip two-minute cut-for-social video explainer narrated by the tattoo-embossed Nick Parker.

And for another take, here’s Paul Wells interviewing Canadian tax expert Allison Christians.

President Trump has promised to re-announce tariffs this week. Carry on Canada.

***

Two months ago when Donald Trump blurted out his desire to tariff US movies filmed abroad he got a tepid response from the supposed beneficiaries, Hollywood studios and the Big Tech streamers.

That’s because the studios and streamers make so many movies in Canada, at a competitive and government-subsidized cost, with world class quality.

What Hollywood really wanted was production subsidies from the US federal government, but so far that has not happened.

Now California is stepping up to the plate. Governor Gavin Newsom is prepared to double existing state subsidies to the tune of $750 million, quite a slice of the pie in what is otherwise a major austerity budget for the state.

***

The Canadian Press has reported that Justice Minister Sean Fraser is having a close look at the federal Liberals’ online harms legislation before re-tabling it.

Bill C-63 died on the order table when Mark Carney called a federal election in March. The core of the Online Harms Bill was to require social media platforms to establish content safety codes, legislation that polling suggests is a winner.

The add-ons to the bill were more controversial. The opportunity for private citizens to file anti-hate complaints against each other under federal human rights legislation, abolished by Parliament in 2012, is to be revived.

And the anti-hate provisions in the Criminal Code are to be strengthened with more severe punishments. MediaPolicy offered some perspective on that, here and here.

Prior to the election, then Justice Minister Arif Virani reluctantly split the controversial from the core elements of the bill into separate legislation. Neither bill was taken up by Parliamentary committees in the months leading up to the election call.

The CP story quotes the new Minister as wanting to make his own “fresh consideration of the path forward.”

At the very least the Minister may steal the best ideas from the Conservative election promise on deep fakes.

***

There are two 15-minute weekend reads on media that I can recommend.

In his personal blog “Fagstein,” the Montreal Gazette’s Steve Faguy has posted a short history of the CRTC’s decades long struggle to keep local television news solvent.

He’s done a great job. I know how hard it was as I tried to do the same in a shorter space in chapter six of my book on the Online Streaming Act. Faguy’s post is the learning resource that has been missing.

The other read is a feature story from the Globe and Mail’s Josh O’Kane. He’s updated his whodunnit reporting on the cyber-theft of $10 million from FACTOR, the music funding organization that distributes dollars contributed by government, radio stations and (subject to a court appeal) music streaming companies to Canadian musicians.

***

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

Carney’s “cave” to Trump on the DST roils Canadians

July 2, 2025

Mark Carney’s shock repeal of Canada’s digital services tax on the eve of Canada Day was greeted by a gloating fan-dance by President Trump’s press secretary who claimed that “Carney and Canada caved to Donald Trump and the United States of America.”

In a brief news interview the Prime Minister suggested that the corporate tax measure, designed to capture offshoring of Canadian revenues by US tech companies, was never going to be in the final trade deal that he is working on with Donald Trump. MediaPolicy expressed its view on all of this in Monday’s post.

This might end up as a historic moment of humiliation, pending future events.

The backlash against Carney has come from all sides. He may be fortunate that Parliament is not in session and his minority government doesn’t have to face the music until the Fall. No doubt, that was his calculation.

Today the Toronto Star published an open letter signed by Canadians for Digital Sovereignty who describe themselves as “a group of patriotic Canadians and civil society organizations who care deeply about the future of Canada.” The letter expresses the concern that backing off the digital services tax will embolden Trump to press other trade demands, in particular where Big Tech and Hollywood are involved.

Carney might regard some coalition members as the usual suspects in public policy matters affecting digital and cultural sovereignty, but the inclusion of others suggest a broader opposition that ought to disquiet the Prime Minister.

The members of the coalition hail from English speaking Canada. From what I have seen on social media, their French-speaking counterparts in Québec are angered by Carney’s DST climb-down and their displeasure will be expressed.

Here’s the Open Letter:

Open Letter: Canada cannot afford to concede more to foreign tech giants

Dear Prime Minister Carney and Minister Champagne, 

We are a group of patriotic Canadians and civil society organizations who care deeply about the future of Canada. We are disappointed by the government’s decision yesterday to both halt collection of the Digital Services Tax and eventually repeal the Digital Services Tax Act. As a result, on Canada Day, foreign tech giants will enjoy an immediate $2.5 billion windfall and a $7.2 billion tax break over the next 5 years. While we recognize the difficult choices facing the government, we feel that we cannot ‘build Canada strong’ while surrendering ever more of our digital sovereignty and security.

We urge the Government of Canada to:

(i)                  Find ways to use foreign tech giants’ massive untaxed profits to fund homegrown alternatives, despite proposing that Parliament repeal the Digital Services Tax Act 

(ii)                Strengthen Canada’s digital sovereignty in trade negotiations and in undertaking a reset of Canada’s forward digital policy agenda, and

(iii)              Make no further concessions to foreign tech giants, including on legislation passed by Parliament (the Online Streaming ActOnline News Act) or in addressing urgent matters including combatting online harms, regulating artificial intelligence, ensuring the integrity of the information environment (including for health information), protecting privacy, among other measures to rein in foreign tech giants’ negative impacts on our economy and society.

 Foreign tech giants, especially U.S.-based companies, have made hundreds of billions of dollars in Canada in recent decades and yet have not paid their fair share in taxes. Many enjoy tax breaks on digital advertising paid for by Canadians thanks to a loophole in the Income Tax Act. We are one of the largest digital markets in the world, with a highly online population, skilled workers, and innovative companies. Yet in 2023 alone, U.S. tech giants made $20.7 billion in Canada from distributing online content. U.S. tech giants are crushing domestic competition, dominating our markets and imposing a range of externalities on Canadians. They profit from the amplification of online harms, including the spread of false and manipulated information, hurting the mental and physical health of children along with all Canadians. They are eroding the economic basis for the professional news media and feeding the toxification of our increasingly digital public sphere upon which our democracy depends.

The Digital Services Tax is a modest yet much-needed measure that will ensure foreign tech giants are more fairly taxed and held accountable for their enormous power over Canada’s society and economy. We are disturbed to see the alignment of CEOs of Alphabet, Meta, Apple, Amazon and X Corp. with the current U.S. administration’s agenda, which threatens Canada’s political and economic independence.

Rather than repealing the DST, we urge you to consider how foreign tech giants’ massive unfair profits in Canada could be taxed to invest in Canada’s digital sovereignty, building homegrown alternatives to U.S. monopolies. At many times in our history, Canada has invested to build communications infrastructure in the national interest. Canadian companies can help build platforms, networks, and tools that reflect Canadian values, strengthen our cultural and information ecosystems, and nourish our diversity as a country with two official languages and three founding peoples – Indigenous, French, and English – so that Canadians in communities across our far-flung country can better serve their own needs to communicate and connect.

We note that the U.K. did not make concessions to their digital services tax to get a trade deal with the US.

We stand ready to help our government, to inform and rally Canadians to help build our digital sovereignty and a better digital society.

Regards, 

Organizational signatories

ACTRA National
Amanda Todd Legacy Society
Broadbent Institute
Canadian Anti-Monopoly Project 
Canadian Centre for Policy Alternatives
Canadian Centre for Child Protection
Canadian Federation of Nurses Unions
Canadian Medical Association
Canadian Media Guild
Canadians for Tax Fairness
Centre for Media, Technology and Democracy
Children’s Healthcare Canada
Community Radio Fund of Canada
The Dais 
Documentary Organization of Canada
Friends of Canadian Media
Goodbot Society
Inspiring Healthy Futures
Open Media
Pediatric Chairs of Canada
Reset Tech
Unifor National & Local 87-M

Individual signatories
Mike Ananny, former advisor to Canadian Heritage on the future of CBC/Radio-Canada, and Associate Professor of Communication and Journalism, University of Southern California

The Right Honourable Adrienne Clarkson, CC

Linda McQuaig, author and journalist

Taylor Owen, Director of the Centre for Media, Technology and Democracy and Associate Professor at McGill University

John Ralston Saul, CC

Leslie Regan Shade, Professor Emerita, Faculty of Information, University of Toronto

Paul Valée, CEO of Tehama.io 

Dwayne Winseck, Director Global Media and Internet Concentration Project, and Professor School of Journalism and Communication, Carleton University

***

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

Carney blinked.

June 30, 2025

Mark Carney blinked. He blinked hard and killed the billion-dollar Canadian digital services tax on US tech giants. He did it because Donald Trump threatened to punch Canada in the nose. 

After years of calling the shots as a business CEO and bank governor, the Prime Minister is discovering how tough it is to play the weaker hand when negotiating —-well, trying to negotiate—- with a bully like the United States. 

Trump not only wanted the DST to be cancelled, he demanded on Sunday morning it be repealed as a condition of further negotiations over tariffs, trade and continental security.  On Sunday evening Canada folded.

Carney cancelled the DST literally hours before the Silicon Valley titans were obliged to send us about a couple of billion dollars in corporate tax remittances, after years of Canada delaying the tax in the hope of coming up with an alternative measure to address the problem of US tech giants reducing their global tax bill by offshoring revenues earned in Canada and countless other jurisdictions. A deal with former President Joe Biden fell through because US Congress would not ratify it.

The rapid chain of events on Sunday had a whiff of Kabuki theatre: it’s plausible that weeks ago Carney made the decision to clear ballast from his trade agenda, much as he did with a carbon tax he once endorsed, but he needed Trump’s threat of walking away from the trade talks to do so. Whether Carney and Canada got anything from Trump in exchange for this unilateral concession we may never know.

It’s an understatement to say there is a disturbing pattern taking hold. Canada spent $1.3 billion on border security to rebuff Trump’s first round of trade tariffs triggered on the phony pretext of fentanyl smuggling.

We enacted and then suspended most of our retaliatory tariffs in hopes of expedited trade negotiations.

We joined hands with NATO allies to click our heels at Trump’s demand that NATO countries more than double their defence spending to 5% of GDP.

And as a ten out of ten on the cringe scale, who can forget Ontario Premier Doug Ford’s bumbling bluff to cut electrical power exports to the United States.

Carney is gambling that Trump won’t see the DST climb-down as weakness and be emboldened. If Canada was the European Union of 400 million souls, an ocean away from the US, the Prime Minister might have chosen a different strategy.

What’s the right way for Carney to play this in the next few weeks?

I spent my trade union career negotiating against powerful companies, usually playing the weaker hand unless the rank and file were angry enough, for a long enough period of time, to face down their employers. One of the key responsibilities of the negotiator is to figure out your own strength.

This is Carney’s challenge. How resilient are Canadians in our collective commitment to economic defence against the Trump onslaught? We get riled up by Trump’s “51st state” threats. But are we tough enough for a grinding trade war of attrition that lasts until Trump’s economy tanks and he has to face mid-term voters next year?

This is a question that the Prime Minister must ask himself every day. It is a question we must ask ourselves.

Our first test of bargaining solidarity is for our politicians, especially our provincial premiers. I suppose we could ask them to just shut up and let the winner of the federal election speak for Canada and certainly not head south to cut their own deal with the US President at Mar-a-Lago. 

But voters expect their elected officials to speak up for their constituencies —-Alberta Premier Danielle Smith has every right to remind us that the oil patch is as important as the auto industry— or else they will no longer be elected officials. But there is a line to be drawn and respected.

The same test of solidarity can be expected of non-elected political agents. The chorus of domestic critics of the tax on Uber, Google, and the other digital titans has mischaracterized the tax as just another cynical cash-grab from Big Tech companies that are better left unregulated. 

Canadian journalists have tried to correct that misimpression, reporting on the DST as a story of global tax policy. The story is that Canada was a relative latecomer to the international consensus among OECD nations that US Big Tech was offshoring revenues earned in other countries to tax havens like Ireland and that national digital taxes were the best way to combat it until the cheating stopped. 

Most European Union nations have already implemented their digital services taxes. While the US President still has those levies in his trade crosshairs, any changes will come at the negotiating table where the EU can pursue a solution to the offshoring problem. In a recent announcement, US Treasury Secretary Scott Bessent said that the US was prepared to mirror OECD/G20 nations’ tax policies on a minimum corporate tax even though the US will not ratify a tax treaty on the matter. 

The details of this recent understanding between the OECD and the US are still hazy. 

The EU is keeping its DSTs, for now, because it has some things that Canada doesn’t. Like, the EU nations’ DSTs were already implemented and they had not delayed them out of good will as Canada did. Like the trade of EU nations is less exposed to the United States than Canada’s is. Like, the EU can fall back on an internal trading bloc of 400 million.

The EU will discover, as Canada is, that a solid front at the bargaining table is the only way to defend economic opportunity and political sovereignty against Trump’s trade war. 

If it’s all over quickly because we can’t keep a grip on our internal solidarity, we will have lost the trade war. And losing the trade war could mean losing our country

***

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

Catching up on Media Policy: Canada dips in the World Press Freedom index after journalist arrests – Trump’s 100% tariffs on Hollywood

May 6, 2025

The annual World Press Freedom index is not something all national governments dread.

If you’re Norway (1st of 180 surveyed nations) or China (178th) you aren’t going to sweat what Reporters Without Borders, a Paris-based NGO best known for public campaigns against the murder or imprisonment of journalists, has to say.

But in between, maybe liberal democracies that think highly of themselves are in for a humbling moment.

This year, Canada’s global ranking is 21st, down from 14th because its index score, spread across five categories of political, legal, economic, social and safety considerations, fell from 81.7 to 78.75 out of 100 points. The US is 57th, France is 25th and the United Kingdom is 20th.

In who’s opinion, you might ask: in each of 180 nations, Reporters Without Borders asks local news journalism experts and practitioners to respond to a series of standardized “press freedom” questions that plumb the depths of journalists’ ability to report on the news without interference.

According to the RWB website:

Press freedom is defined as the ability of journalists as individuals and collectives to select, produce, and disseminate news in the public interest independent of political, economic, legal, and social interference and in the absence of threats to their physical and mental safety.

The Canadian report does not moot the debate over Canadian media subsidies and regulation, to the contrary across 180 nations strong public service broadcasting tends to drive higher scores.

The Index is as much a monitor of a healthy Press as freedom from state power. Broader social, political and economic factors that support or attack a free press play an important role in the scoring.

The editorial notes that accompany Canada’s score suggest that the police arrests of Canadian journalists covering volatile news sites —blockades, demonstrations and encampment clearings— drove down our ranking.

That concern also appears in Reporters Without Borders election-related statement that called for better training of Canadian police in their treatment of journalists as the top public policy priority.

RWB’s other recommendations included protecting the CBC from defunding, a ban on police spyware aimed at journalists, and a rebuilding of Canada’s “broken” access to government information mechanisms (the new Prime Minister having shown some interest in the latter).

RWB also noted the existence of “a patchwork of [media subsidies] policies” that beg for “a comprehensive and consistent strategy that helps enable the media to innovate and find news models of sustainability.”  

The latter point was included in my own list of things for the next Culture & Identity Minister to do, posted last week: Miles to Go: the Media Policy work of the 45th Parliament.

In next year’s report, we’ll likely see an impact on ratings from CTV’s firing of Rachel Gilmore as a guest election fact checker because of trolling by right-wing actors.

***

This is my last post for a month thanks to our first real vacation since pre-pandemic times. It’s a bit of a science experiment: can four adults manage a two-year old while travelling? Should be possible.

I couldn’t leave without commenting on Donald Trump’s latest announcement of a 100% tariff on Hollywood’s movie production outside the U.S.

It will be a popular move in the US. Hollywood is making less audio visual content globally and in the United States owing to a number of factors, most noticeably budget cutbacks in response to the saturation of the subscription streaming business.

Canada is Hollywood’s biggest non-American supplier of movies and television shows: half of Canada’s $9.58 billion in annual production is for American shows and much of our Canadian content is widely exported to the American market for second runs. The employment hit could be substantial, as this screen capture from the CMPA’s Profile report reveals:

The obvious Canadian counter-tariff is a 100% surcharge on American-made shows exported to Canada. Those would hit Canadian broadcasters filling their schedules with American programming (Corus, TVA, CTV, Bell Crave, etc) but also Netflix and the other American streamers who sell to Canadian subscribers.

It’s not likely that Hollywood asked for the Trump tariff: the studios rely upon the high-quality, competitively priced production centres across Canada, but mostly Toronto and Vancouver.

The tariff disrupts their supply chains and their budgeting, not unlike the Trump tariffs hitting the auto industry.

A White House spokesperson walked back the President’s announcements within hours —-“no final decisions“— suggesting a WTF phone call from the Motion Picture Association.

Shortly afterwards, Trump’s “Hollywood ambassador” Jon Voight made a public statement suggesting that his recommendations to the President had been to boost tax incentives and subsidies for domestic production, negotiate international co-production treaties, and apply tariffs in some situations.

At the CRTC, the Motion Picture Association and the US streamers have put almost all of their strategic capital on securing a minimal commitment to offering Canadian content because the studios spend so much money making American movies in Canada.

That strategy is now in shreds.

A recommended article on the tariff is by Barry Hertz in the Globe & Mail.

***

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The CBC as “national scold” and “vector of polarization.”

April 24, 2025

Of all the silver linings in Donald’s Trump’s aggression against Canada, I’ve been gratified to discover the renewed popular passion for Canadian culture.

Last weekend I was drawn by the headline of novelist Stephen Marche’s opinion piece in the Globe and Mail, “The new American threat to Canada’s sovereignty requires a new cultural nationalism. Here’s what it should look like.”

The pinning-jelly-against-the-wall quest for a distillation of Canada’s national essence always interests me: I’ve pondered it myself in a previous post and celebrated the thoughts of others on the subject.

Unfortunately, what Marche offered us last week was a fact-free rant against the CBC.

His starting point is a much celebrated allegation: that Justin Trudeau is a proud “post-nationalist” who does not value Canada’s rich history because it is marred by the dispossession of Indigenous peoples and wrongs committed against minorities. Says Marche, our “cultural industries” eagerly signed on to Trudeau’s project of denigrating “so-called Canada” and “the self-critique quickly narrowed into a negligible, impotent stream of identity politics to the exclusion of virtually any other perspective.”

Having named all “cultural industries” in the indictment (including his own, the book publishing industry), Marche’s chief culprit is the CBC. Just to give you a flavour:

The most egregious, and most important, case is the CBC. The CBC has spent a decade turning itself into a big national scold. Literally, their ad campaign from 2023 featured the slogan: “It’s not how Canadian you are. It’s who you are in Canada.” That’s how they chose to promote themselves – a sneer at anyone who might think of themselves as a patriot. I am not sure, at this moment, whether the CBC even likes Canada. You certainly can’t tell by listening to them.

There are no facts or examples provided for this grave condemnation of the public broadcaster as “a big national scold” that “sneers” at “patriots.”

I watch, listen and read the CBC every day: I’ve never witnessed scolding, sneering or anything of the kind. What’s the CBC guilty of? Broadcasting North of North? Or Sort Of

Once rolling, Marche doesn’t stop:

The Conservatives have, if anything, underestimated the problem. I say this as a small-l liberal: When the head of the CBC cannot name a single Conservative voice on their platform, when they are opposed, as such, to the political views of somewhere around half the country, they are failing in their mandate to represent the country. It is as simple as that.

A small point, Marche’s link is to a podcast that doesn’t verify his statement: former CEO Catherine Tait declined Paul Wells’ invitation to identify “the most interesting conservative commentators on CBC,” she didn’t say she didn’t know any.

A bigger point is whether the CBC invites conservative commentators onto its shows. On that point, I seem to recall Andrew (“defund the CBC”) Coyne making some rather good conservative arguments on CBC’s flagship At Issue panel for the last decade or so. From my own observation, the CBC regularly seeks out conservative voices on its television news panels, although I suspect it’s difficult when there appears to be a Conservative boycott on the public broadcaster.

Marche’s zippy one-liners continue: the CBC engages in a “ritualized fetish for self-purification”; “its politics seems to derive from the sociology department at York University,” and “the CBC is a force of [information] pollution, they are an active vector of polarization.”

Anyway, you get the gist. By the end of the tirade, Marche tables an unobjectionable list of principles underlying a strong Canadian cultural nationalism. Count me in.

But in the end, Mr.Marche is not a satisfied CBC customer and I am. What about everyone else?

Here’s some feedback from the Reuters-Oxford study of the Canadian news market, the first graph covering radio and television and the second chart covering online news:

These aren’t the numbers you hear about when critics are taking a run at the CBC. 

When they do, one of those cherry-picked numbers is the “CBC’s two per cent market share.” 

If you look it up, that’s a reference to the CBC National News channel’s share of the cable audience. It may surprise you, but two per cent for a single channel in the 500-cable channel universe isn’t bad. CBCNN’s cost is covered by cable subscriptions and advertising, basically Pierre Poilievre’s formula for a defunded CBC.

The other sore thumb is the CBC’s five per cent share of prime-time evening television ratings. It’s competitors CTV and Global no longer disclose their ratings, but they are believed to be higher. That’s not surprising: the evening prime time is when CTV and Global carry popular US programming, while CBC does not. 

Here’s a chart from CRTC data (unfortunately a year behind) you might find interesting.

Since 2015 (Table 30), the CBC has slipped in the relevant television ratings (network stations) against the private broadcasters.

Since 2009 (Table 32), the CBC’s production spending on Canadian content slipped a lot, while the CanCon spending of the private networks and specialty channels climbed. The explanation is that the CBC’s Parliamentary funding is stagnant and, in response to new viewing habits, it has shifted its budget from television to online.

This is neither an apology for those television ratings nor a scolding for those that ignore the CBC’s strong ratings on radio and online.

“Not bad” or “good enough” is not the bar, not for the public broadcaster. The CBC should be appreciated and reasonably well loved across the country and if it’s perceived as projecting itself as too urban, too central Canadian, or too progressive that’s a problem it needs to address like it’s life depends upon it.

Which it probably does. 

***

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

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

April 12, 2025

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

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

The Washington Post has a good story on this.

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

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

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

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

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

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

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

***

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

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

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

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

***

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

That’s interesting for many reasons.

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

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

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

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

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

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

***

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

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

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

***

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

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

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

***

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

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

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

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

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

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

***

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

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

***

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

The CBC reborn: MediaPolicy’s view

(10-minute read)

March 29, 2025

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

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

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

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

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

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

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

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

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

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

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

***

Senator Andrew Cardozo

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

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

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

***

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

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

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

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

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

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

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

***

Here’s the Cardozo plan.

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

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

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

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

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

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

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

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

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

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

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

from Pollara Poll, July 2024

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

Cardozo has some good suggestions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

***

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

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

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

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

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

***

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

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

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

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

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

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

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

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

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

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

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

***

That’s the MediaPolicy view.

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

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

***

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