OTTAWA -- The Department of Justice has concluded that recent amendments to Bill C-10 would not restrict the freedom of expression of social media users under the Charter of Rights and Freedoms.
It comes as the Liberals face scrutiny for removing and refusing to reinstate an exemption from the bill that protected individuals鈥� online content from its proposed Broadcasting Act, prompting the free speech concerns.
Through Bill C-10, the government is seeking to make changes aimed at ensuring major social media platforms and streaming services such as Netflix, Instagram, Tik Tok, YouTube, and Spotify pay their fair share towards Canadian artists and are held to similar standards as regular broadcasters.
Though, a series of miscommunications from the minister responsible over what amendments to the bill would mean for everyday users of these services and platforms prompted MPs to agree to have justice officials re-examine whether the proposed legislation was still in compliance with the Charter.
In the new analysis, the department states that because a separate regulation exemption for individual users remains intact in the current draft of Bill C-10, people who post to social media or streaming services who are not the province of said service, 鈥渨ould not be subject to broadcasting regulation in respect of the programs they post.鈥�
Further, the Canadian Radio-television and Telecommunications Commission鈥檚 (CRTC) new regulatory powers in the bill 鈥渨ould be limited... and these requirements could only be imposed upon the social media service,鈥� and would have to 鈥渂e interpreted and applied in a manner consistent with freedom of expression.鈥�
Ultimately, in the justice department鈥檚 view, its initial 鈥渞emain valid,鈥� and are not impacted by the proposed changes to Bill C-10.
In a statement to CTVNews.ca, David Taylor, a spokesperson for Minister of Justice David Lametti, said the minister 鈥渋s confident that both the bill as tabled, as well as the proposed amendments, are consistent with the Charter.鈥�
The House of Commons鈥� heritage committee is studying the bill and has requested the presence of Heritage Minister Steven Guilbeault and Lametti, as well as seeking additional expert witness testimony before MPs resume clause-by-clause. Guilbeault is slated to appear on Friday alongside a series of heritage department officials.
Earlier this week, Guilbeault walked back comments that under the bill, the CRTC could impose discoverability regulations on individuals who have a large-enough following online.
In a new statement sent to CTV News late Sunday night, the minister said he used 鈥渦nclear鈥� language when he referred to people and online channels being subject to federal regulations as part of the government鈥檚 updates to the Broadcasting Act.
In the interview on CTV鈥檚 Question Period that aired earlier that day, the minister said more than once that while the CRTC isn鈥檛 going to be regulating everyday users鈥� content, the regulator could have powers related to the discoverability of online content for people whose channels have 鈥渕illions of viewers,鈥� are 鈥済enerating a lot of money on social media,鈥� and are 鈥渁cting like broadcasters.鈥�
Specifically, the regulations in question would have implications for the content algorithms that suggest what users should watch or listen to next on social media or streaming platforms such as Instagram, Tik Tok, or Spotify.
鈥淥ccasionally these suggestions would include Canadian music or Canadian television or film. It does not mean the CRTC would dictate, limit or prohibit a feed or what you can post, watch or listen to on social media. As the Internet is infinite, discoverability won鈥檛 limit the content you see on a feed 鈥� it will just add more,鈥� Guilbeault said in his updated comments.
That said, this still would have implications for what everyday users see online.
Conservative Leader Erin O鈥橳oole and his caucus continue to oppose the legislation, announcing on Thursday that should Bill C-10 pass as currently worded, he鈥檇 repeal it if his party forms the next government.
鈥淸The bill] leaves the door open for infringement on the rights of Canadians鈥e will oppose this bill vigorously but let me be perfectly clear, if this bill passes a Conservative government will repeal it,鈥� he said. 鈥淚t鈥檚 unfair to trample on the rights of Canadians, to try and mislead them by saying they must accept regulation of their social media in order to help artists.鈥�
