Netflix And Canadian Content: Should Online Video Services Be Made To Follow CanCon Rules?

Netflix Canadian Content

The Huffington Post Canada   First Posted: 09/13/11 03:44 PM ET Updated: 11/13/11 05:12 AM ET

The CEO of one of Canada’s largest media companies has rekindled a burning question about the future of the country's media: Should Netflix be required to follow CRTC rules on Canadian content? And is it even possible to make an online video service follow the rules?

In a speech Monday, Astral Chief Executive Ian Greenberg called for the CRTC to apply Canadian content regulations to online video services the way it applies them to broadcasters.

“The reality that currently exists [is that] foreign Internet broadcasting competitors ... reap the benefits and revenues of doing business in this country, yet are not subject to the same rules of engagement as Canadian companies,” Greenberg, whose company owns The Movie Network and Teletoon, among others, said Monday.

Greenberg’s comments highlight the problems the CRTC is facing as media technology undergoes rapid change in the internet era. Canada’s telecom regulator is struggling to find a way to balance its mandate to protect Canadian culture, while at the same time adapting to the new realities of digital media, in which decades-old rules requiring the production and broadcasting of Canadian content appear irrelevant. And any effort to regulate the internet would inevitably be met with accusations of censorship.

The CRTC’s challenge is growing more difficult as an ever-larger number of so-called “over-the-top” media companies set up shop in Canada. Earlier this month, Google-owned YouTube Movies expanded into Canada. Apple TV, Best Buy’s CinemaNow and others are already operating in Canada.

Astral’s CEO is just the latest figure in Canada’s “traditional” media establishment to demand CRTC intervention. Advocates of the move say Netflix’s unfettered operations amount to “unfair competition” (the CRTC currently doesn’t regulate the internet).

Media representatives concede that content rules requiring a certain amount of CanCon to be broadcast don't make sense with an a-la-carte video service like Netflix, which streams to individual TVs rather than broadcasting. But they say Netflix and others like it could still be required to carry a certain percentage of Canadian-produced movies and TV shows, and could be required to contribute to the Canadian Television Fund and the Canadian Media Fund, which fund home-grown productions.

That doesnt’t sit well with Ted Sarandos, chief content officer for Netflix, who told a media conference in Banff this spring that “we make a meaningful contribution” to Canadian media “by licensing Canadian content,” suggesting the company isn’t willing to go any further.

Nor did it sit well with internet freedom advocates, who chafe at the idea of a Canadian government agency attempting to regulate online content. They also question the practicality of such a move. Even if Netflix were regulated, they argue, what’s to stop companies operating outside Canada from providing video services to Canadians? In the global internet media marketplace, they argue, there simply isn’t any space for regulation of content according to national boundaries.

In a column last spring, Jesse Brown of Maclean’s illustrated how regulating Netflix could lead to absurd extremes.

CanCon regulations for YouTube: … From now on, if YouTube wants to compete with our own beloved television networks, distracting Canadian viewers from their own cultural heritage (i.e. MuchMusic’s Pants Off Dance Off), then surely YouTube must give something back and pay into the CanCon funding regime. … I suggest the establishment of a Canadian Viral Video Fund. A percentage of every dollar YouTube makes in Canada by streaming videos of cats on skateboards will be used to produce our own YouTube videos of cats on skateboards...

And YouTube could, indeed, be one of the sevices that would be regulated if the CRTC were to expand its mandate to include the internet, as the online video site recently began offering its YouTube Movies service in Canada.

Some observers suspect that the Canadian media’s insistence on CanCon rules for the new arrivals is simply an attempt to suppress new competition.

“They say they're doing this in the hopes of fairness and equity,” former Industry Minister Tony Clement said last spring. “I think it's also a way to strangle the competition.”

(Internet freedom advocates have also argued that recent efforts by Canadian Internet providers to cap customers’ bandwidth usage is another attempt at preventing online video streaming, which hogs large amounts of bandwidth. Many of Canada’s ISPs are part of corporate conglomerates that also own broadcasters.)

The video streaming companies aren’t deaf to their opponents’ arguments, and have taken steps to appear in step with efforts to maintain Canada’s cultural identity online. Netflix has partnered with the the CBC to provide Canadian content, and other streaming services have followed suit.

But for the most part, these companies don’t appear willing to bend their business models for the sake of “fair play” with Canada’s traditional media.

“Regulating the Internet has not been very politically popular anywhere in the world, and it doesn’t work very well,” Netflix’s Sarandos said, “except for maybe China and North Korea.”

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The CEO of one of Canada’s largest media companies has rekindled a burning question about the future of the country's media: Should Netflix be required to follow CRTC rules on Canadian content? And ...
The CEO of one of Canada’s largest media companies has rekindled a burning question about the future of the country's media: Should Netflix be required to follow CRTC rules on Canadian content? And ...
 
 
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04:34 PM on 09/14/2011
For quite a few years I hardly ever listened to the radio and I still never watch television. Since we got high-speed internet I now listen to the radio, but it's because I can now choose to what I want to listen rather than only what the CRTC says I can.

This article says the CRTC has a mandate to protect Canadian culture but I think its real role is to protect the interests of the Canadian broadcast industry.

Culture should relate to what we enjoy which isn't necessarily what Canadian artists produce. With current technology Canadian performers should be able to compete on the world stage.

(The author of this comment has a web log on economics at https://economics102.wordpress.com/)
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CHMB
What's long and brown and sticky? A Stick.
01:01 PM on 09/14/2011
I'm all about supporting Canadian artist and film, etc, when it is warranted. Why should I support Nickleback when I think they are a terrible music group?
10:25 AM on 09/14/2011
I think Canadian content laws no longer apply. Trying to fight it is like music studios trying to fight the internet. And that doesn't even address the reality that Canadian content laws are so strict, these are the same laws that said a Bryan Adams song from decades back doesn't count because it was co-written by a non-Canadian, or something ridiculous. Or a movie can be written, directed and star a bunch of canadians and yet not be considered "canadian" because it is shot outside the country.

So I don't know what Netflix would even offer. CBC shows? Degrassi? It would help them add to their content library (which is lacking online), but I don't think it would matter that much.

I say get rid of Canadian Content laws altogether. They are just moot.
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JUSTBAKERS135
09:58 PM on 09/13/2011
The funny thing about CanCon laws is that they are redundant. We don't have have Arcade Fire/Avril/Nickleback on the radio once an hour because these bands would fail without CanCon. All three have been on Saturday Night Live and sell millions in the US (just ask Justin Bieber).

The Senate Committee on the price differences between Canadian and US retail needs to understand that regulations like these are adding a "secret tax" on Canadians.
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09:40 PM on 09/13/2011
Earth to CRTC, earth to CRTC, are you there CRTC?

A typical Canadian receives a hundred or more cable stations, only a fraction of which are Canadian. Satellite is even more so. Does the CRTC think this will make rat's butt worth of difference?

The CRTC's need to "engineer" the Canadian psyche is verging on pathetic. This decision would about as useful as buggy whip standards.
04:12 AM on 09/14/2011
yeah no they don't almost every channel on Canadian cable and satellite is owned by a Canadian company foreign ownership is not allowed up here
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11:48 AM on 09/14/2011
What are you talking about?

I get NBC, MSNBC, ABC, CBS, PBS, HBO, Fox, Fox News, TCM, and countless other American channels, many of them multiple times from different stations, out of Detroit, Seattle, New York, and God knows where else.

The only thing they do is sometimes insert Canadian commercials.
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09:28 PM on 09/13/2011
Should anything be made to follow Canadian content rules?
10:03 PM on 09/13/2011
not when its a group of people who can determine what 35 million people can or cannot watch or what their cell service should be.
09:21 PM on 09/13/2011
The CRTC (Canadian Red Tape Corporation) is once again trying to use 1972 rules in the 21st Century. The whole lot of them need to be sacked as they have been a burden on Canadian taxpayers as well making our communications market (mobile market and internet) the least competitive that it could possibly be.
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Cael
08:00 PM on 09/13/2011
Cancon rules need to disappear. If Canadians cannot produce quality content that we do not want to watch, hear or read then maybe they should try harder. There are a lot of good artists out there that are Canadian, we do not need to be forced to listen to them, we can do that on our own and choose our own tastes. Cancon is a version of censorship. I really don't see too many Canadians losing their identity, we are mostly proud to be Canadian.
07:44 PM on 09/13/2011
NO!
We are promoting and subsidizing mediocrity. Most Canadians seem to like the crap found on US television, let them have it. Besides TVO and other real public networks, Trailer Park Boys, Kids in the Hall and SCTV what can we be happy aboot?
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opprobrious
More speech. Less Flagging.
07:32 PM on 09/13/2011
Methinks technology has advanced to the point where Cancon is pretty much obsolete.
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07:29 PM on 09/13/2011
I say that universe/reality should be made to follow CanCon rules. I mean, the Higgs Boson, please?! Or Quadratic Equations! Simply uncalled for. This invasion of Canadian culture by the privileged universe must stop. Someone write a letter to the CRTC that mass should, at least for a bit, be called Stompin Tom Connors :3
07:24 PM on 09/13/2011
NO! That's idiotic ...
06:07 PM on 09/13/2011
Absolutely and resoundingly NO.

Canadian movies are for the most part second rate and often pathetic. Why? Insular, in-the-box thinking, in a misguided attempt to protect Canadian entertainment and media.

As a result, there is no open exchange of talent. Excellent Canadian talent flees; movies are cast from a very small pool of leftovers, without the variety to align, for example, a leading man with a leading type; dialogue is stilted and poorly timed; costumes are unspeakably bad, with not only extras, but also leading actors in adapted (and sometimes entirely wrong) fashions for the era of the film. I could go on. One doesn't even have to know a movie is Canadian; it is evident just a few minutes into the movie.

It is long past due for Canada to march into the 21st century and open its entertainment and media industry to attract the best talent from around the world and compete with the best around the world, instead of closing it up tight and forcing Canadians to be greatly restricted in their entertainment and education choices.

Shame on Canada.
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Whistlejackett
Hey stop doing that
04:38 PM on 09/13/2011
Just tell them they have to offer all supplied Canadian content. If not then Bolly and Holly will get all the business. The less American content the better.
04:18 PM on 09/13/2011
If you go to the movie store and rent a movie do they force you to rent a Canadian movie 40% of the time? I don't think so. This is is just another move to try and regulate a battle these companies are losing fast. And if they are not able to adapt they will find themselves irrelevant all to quickly.